RP339 v 3 Public Disclosure Authorized

MINISTRY OF TRANSPORT KENYA RAILWAYS CORPORATION

RESETTLEMENT ADVISORY SERVICES FOR THE REVIEW OF THE RELOCATION ACTION PLAN (RAP) IN KIBERA & MUKURU. Public Disclosure Authorized NAIROBI, KENYA

FINAL REPORT

January 2011

Public Disclosure Authorized

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Pamoja Trust Public Disclosure Authorized Ministry of Transport P O Box 10269 – 00100 P O Box 52692-00200 NAIROBI, KENYA NAIROBI, KENYA Tel +254 (0) 20 Tel +254 (0) 20 Fax +254 (0) 20 Fax +254 (0) 20 Email: [email protected] Email: [email protected] Pamoja Trust Date of Issue: January 2011 Prepared by: Pamoja Trust & Tecta Consultants

Approved/ Checked by: Jane Weru, Team Leader

2 Table of Contents  ”‘›•ƒ†„„”‡˜‹ƒ–‹‘• Ž‘••ƒ”›‘ˆ‡”•   ƒ ‰”‘—† ‡˜‹•‹‘‘ˆ–Š‡‡Ž‘ ƒ–‹‘ –‹‘Žƒ ‡› ‹†‹‰•‘ˆ–Š‡–—†› ‰‹‡‡”‹‰‘Ž—–‹‘• ‘—‹–›‘•—Ž–ƒ–‹‘ ‡‰ƒŽ ••—‡• ”‹‡˜ƒ ‡”‘ ‡†—”‡ ”‘Œ‡ –†‹‹•–”ƒ–‹‘ƒ†”‘ˆ‡••‹‘ƒŽ‡”˜‹ ‡• ’Ž‡‡–ƒ–‹‘‹‡Ž‹‡•       ƒ ‰”‘—† ‡”•‘ˆ‡ˆ‡”‡ ‡ ‘‡–•‘–Š‡‡”•‘ˆ‡ˆ‡”‡ ‡ 2.3.1 Safe Operating Corridor 2.3.2 Cash Compensation 2.3.3 The RAP Area 2.3.4 Alternatives for the Safety and Development Corridor ‡• ”‹’–‹‘‘ˆ–Š‡”‘Œ‡ –”‡ƒ• 2.4.1 Land Use in the Reserve 2.4.2 Infrastructure 2.4.4 Informal Schools 2.4.5 Health Services 2.4.6 Water 2.4.7 Latrines 2.4.8 Garbage Disposal 2.4.9 Energy Supply       –”‘†— –‹‘ Š‡‘•‹–‹˜‡ ’ƒ – ‡‰ƒ–‹˜‡ ’ƒ –     –”‘†— –‹‘ Š‡ƒ’’‹‰ƒ†—‡”ƒ–‹‘’’”‘ƒ Š —„‡”‹‰ƒ† †‡–‹ˆ‹ ƒ–‹‘‘ˆ• ƒ’’‹‰ ‘ ‹ƒŽ ‘‘‹ —‡”ƒ–‹‘ ‡•—Ž–•‘ˆ †‡–‹ˆ‹ ƒ–‹‘      ‘—‹–›‘•—Ž–ƒ–‹‘ 5.1.2 Social Mobilization in Mukuru 5.1.3 Challenges 5.1.4 Social Mobilization in Kibera 5.1.5 Dispute Resolution 5.1.6 Consultation Meetings on the Possible Solution –ƒ‡Š‘Ž†‡”•‘•—Ž–ƒ–‹‘ 3 5.2.1 Solutions Pertaining to Schools 5.2.2 Solutions Pertaining to Mukuru Residential PAPs 5.2.3 Solutions for Maintenance    Ž‹‰‹„‹Ž‹–›”‹–‡”‹ƒ ‘’‡•ƒ–‘”›‡ƒ•—”‡•    –”‘†— –‹‘ ’’Ž‹ ƒ„Ž‡ƒ™• ’ƒ –‹‰‘–Š‡ ”‹–‹ ƒŽ‡‰—Žƒ–‘”›‘†‹‡•ˆ‘”–Š‡ ‘”‘ˆ™‡”•Š‹’ ‡—”‡ˆ‘”• ƒƒ‰‡‡–ƒ†‡”˜‹ ‡”‘˜‹•‹‘™‹–Š‹‡Ž‘ ƒ–‹‘‹–‡• ‘—” ‡‘ˆ†˜‡”–‹•‹‰‡˜‡—‡ˆ‘”‡›ƒƒ‹Ž™ƒ›•      Š‡”‘Œ‡ – ’Ž‡‡–ƒ–‹‘‡ƒ   Š‡”‡’ƒ”ƒ–‘”›‡ƒ Š‡”‘Œ‡ – ’Ž‡‡–ƒ–‹‘‹–   ”‘’‘•‡†”‰ƒ‹•ƒ–‹‘ƒŽ ”ƒ‡™‘” ”‹‡˜ƒ ‡”‘ ‡†—”‡        ‡• ”‹’–‹‘‘ˆ‹„‡”ƒ‡ƒ•—”‡• —ƒ”›‘ˆ†‡–ƒ‹Ž‡†‡‰‹‡‡”‹‰•‘Ž—–‹‘ˆ‘”‹„‡”ƒ ‡• ”‹’–‹‘‘ˆ’–‹‘• ƒ–‡”ƒ†‡™‡”‘‡ –‹‘• ‡• ”‹’–‹‘‘ˆ——”—‡ƒ•—”‡•        ‹„‡”ƒ ——”— ’Ž‡‡–ƒ–‹‘‹‡Ž‹‡• ’Ž‡‡–ƒ–‹‘ŠƒŽŽ‡‰‡• ‘–‡–‹ƒŽ‹••–‘ ’Ž‡‡–ƒ–‹‘      ‘‹–‘”‹‰ Ž‡‡–•‘ˆƒ‘‹–‘”‹‰Žƒ 11.2.1 Impact Monitoring 11.2.2 Evaluation 11.2.3 RAP Monitoring Plan   ‹„‡”ƒ ——”— 12.2.1 Lunga Lunga-Likoni Bridge Option ‘Ž—–‹‘•ˆ‘” •–‹–—–‹‘• ”‘Œ‡ –†‹‹•–”ƒ–‹‘ƒ†”‘ˆ‡••‹‘ƒŽ‡”˜‹ ‡• ˜‹ –‹‘‘Ž‹ › †˜‡”–‹•‡‡–‡˜‡—‡  

4 Acronyms and Abbreviations AMREF Africa Medical Research Foundation FP Foot Path IFC International Finance Corporation, a Member of the World Bank Group KENSUP Kenya Slum Upgrading Program KES Kenya Shillings KPC Kenya Pipeline Company KPLC Kenya Power and Light Company KRC Kenya Railways Corporation MoE Margin of Error MOL Ministry of Lands MOLG Ministry of Local Government MOT Ministry of Transport NCC Nairobi City Council NGO Non Governmental Organization OP Operational Policy PAP Project Affected Persons PC Provincial Commissioner PIT Project Implementation Team PIU Project Implementation Unit RAP Relocation Action Plan RVR Rift Valley Railways RoE Rate of Exchange RoW Right of Way SDC Safety and Development Corridor TOR Terms of Reference WB World Bank WBG World Bank Group

5 Glossary of Terms

Absentee Structure Owner: Owner of a structure within the project area who does not reside within the project area. Compensation: Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced. Cut – off date: The date the enumeration begins. Persons occupying the project area after the cut- off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops and trees) established after the date of completion of the assets inventory or an alternative mutually agreed date will not be compensated.

Displaced persons: Persons who are affected by the involuntary taking or clearing of land or resulting in: I. Relocation or loss of shelter II. Loss of assets or access to assets; or III. Loss of income sources or means of livelihood whether or not the affected persons must move to another location. Green field: Any virgin land that has not been developed. Involuntary resettlement: Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Minor impacts: Impacts are considered ‘minor’ if the affected persons are not physically displaced and less than 10% of their productive assets are lost. Mobile Vendor: Any trader within the project area who conducts his/her business but does not operate within a fixed structure but places the wares on the ground or on a movable stand or cart. Economic displacement: Loss of income streams or means of livelihood resulting from land acquisition or obstructed access to resources (land, water or forest) resulting from the construction or operation of a project or its associated facilities. Physical Displacement: Loss of shelter and assets resulting from the acquisition of land associated with a project that requires the affected person(s) to move to another location. Project Affected Person (PAP): Any person who, as a result of the implementation of a project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural or pasture) annual or perennial crops and trees or any other fixed or movable asset either fully or in part, permanently or temporarily. Residential PAPs: Project Affected Persons who reside in structures that are within the project area.

6 Business PAPs: Project Affected Persons who conduct business in structures that are within the project area. Residential cum Business PAPs: Project Affected Persons who reside and also conduct a business in the same structure within the project area. Structure owner PAPs: Project Affected Persons who own structures within the project area. Tenant PAPs: Project Affected persons who lease either residential or business premises within the project area. Relocation Action Plan (RAP): The document in which a project sponsor or other responsible entity specifies the procedures that it will follow and the action that it will take to mitigate adverse effects to compensate losses and provide development benefits to persons and communities affected by an investment project. Resettlement assistance: Support provided to people who are physically displaced by a project. Assistance may include transportation, food, shelter and social services that are provided to the affected people during their relocation. Assistance may also include a cash allowance that compensates affected people for the inconveniences associated with resettlement and defray the expenses of a transition to a new locale such as moving expenses and lost work days. Stakeholders: Any and all individuals groups organizations and institutions interested in and potentially affected by a project or having the ability to influence a project. Vulnerable groups: People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status may be more adversely affected by the resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits.

7 1.0 EXECUTIVE SUMMARY

1.1 Background The Kenya Railways Corporation (KRC) contracted its railway operation services to Rift Valley Railways (RVR), a private company, in April 2006. RVR commenced railway operations on November 1, 2006 and will operate freight and passenger services for 25 and 5 years respectively in Kenya and Uganda.

RVR operates a total rail network of 1920 kilometers. The main line runs from Mombasa at the coast to Malaba in the west. Typically, the railway line has an exclusive corridor (referred to as a reserve) 60.6 meters wide throughout the network except at station yards and major depots where a larger railway reserve is provided.

Despite the requirement to have a railway reserve free for railway operations and safety, parts of the railway reserve have been encroached upon. The railway reserve in both Kibera and Mukuru within the city of Nairobi is particularly encroached by large numbers of people who reside and/or carry out business within it. At several places on the railway reserve, markets have been established on both sides of the railway line. The line is used in these areas as a path for accessing the market stalls and by pedestrians moving to and from the city centre and the industrial area.

The human encroachment on the reserve has several serious consequences, among them:

• Risk to human safety due to proximity to active railway traffic; • Risk to property in the event of accidents or derailments; • Dumping of waste onto the railway track which impedes track drainage and compromises track stability; • Exposure of maintenance personnel to unhygienic working conditions and disease due to disposal of faecal and other waste on the track; • Slow train speeds which cause inordinate delay; • Limited profitability for the concessionaire due to inability to increase freight carriage by an increase in operational speeds.

In light of the above factors, it is essential that a clear corridor of operation is established in Kibera and Mukuru to improve railway safety and operation. It is therefore proposed, as far as possible, to implement the relocation of people residing, undertaking business, or otherwise occupying the reserve (Project Affected Persons (PAPs)), from the 60-metre railway operation corridor.

8 1.2 Revision of the Relocation Action Plan An initial RAP was submitted to the World Bank by Pamoja Trust and COWI in 2005. This RAP was subsequently revised by Pamoja Trust and Tecta in 2005/06 as the solutions proposed in the initial RAP were found wanting.

A further revision has been necessitated by certain socio-political developments since the second RAP. Key among these is the uprooting of the railway line during the 2007/8 post election violence and the derailment of a train in 2009 leading to fatalities in Kibera. In the derailment incident, fatalities occurred beyond the 5.2-meter safety zone proposed in both the initial and revised RAPs, thus casting doubts on the viability of that option. Growth in the extent of encroachment since 2005 has also increased the scale of the problem.

In this Report, the Resettlement Advisor sets out its findings and recommendations following various activities undertaken along the railway reserve in Kibera and Mukuru. A mapping and enumeration process has been undertaken to revalidate details of the PAPs, bearing in mind that considerable time has passed since the Revised RAP was completed. A community consultation process to obtain community acceptance of the RAP has been undertaken and the findings and recommendations are set out in this report.

Recommendations on the relocation options, technical findings and technical designs and compensation modalities for those relocated are also set out. Finally, the report sets out the challenges encountered in the mapping and social processes that are likely to impact on the technical designs and relocation process, possible risks to successful implementation of the RAP, and measures to mitigate these risks.

1.3 Key Findings of the Study A comprehensive mapping and social economic enumeration process was undertaken in both the Mukuru and Kibera segments of the railway reserve. The processes involved the identification and numbering of every structure on the 60-meter reserve between KR kilometer readings 519/0 and 522/8 in Mukuru and kilometer readings 534/6 and 539/9 in Nairobi-Kibera. The mapping and social process, as well as the results, are set out in detail in Chapter 4. In summary, the Advisor found that there are:

• 6952 Physical structures in Kibera. • 2615 Physical structures in Mukuru • 258 public utilities in Mukuru and 532 in Kibera respectively comprising water tanks, water points, toilets and bathrooms; • 43 informal schools in Kibera with 7, 056 pupils; • 5 informal schools in Mukuru with 1,497 pupils; • The total number of pupils in both Kibera and Mukuru is 8,553 • 23 post election violence victims were identified as a special category by the PAPs who had been displaced and therefore did not have any physical structures within the reserve.

9 Number of Household PAP’s identified

Type of Household PAP Kibera Mukuru Residential 3147* 1447 Businesses 2859 1496

Residential cum business 45 43 Institutions 260 19 Public Facilities 532 258 * This includes the special category as discussed in section 4.5

Special compensatory measures are required to take care of the interests of the large number of pupils attending schools situated on the reserve who reside both within and outside the railway reserve. The Advisor has initiated consultations with the administrators of the public schools located close to Kibera and Mukuru and with the City Council to find an acceptable solution for the pupils in the schools located within the railway reserve. The initial indications are that it is possible to relocate the children to these public schools. There are five City Council primary schools within the vicinity of Kibera and six within Mukuru.

Kibera

To address the problem presented by the relocation of children who attend the informal schools located within the reserve in Kibera, the Advisor recommends infill of the existing public schools with extra space within existing facilities. However, this will stretch the capacity of the schools with regard to furniture teaching materials, teachers, and in some cases water supply. The Ministry of Education should be approached for additional teaching staff from the Teachers Service Commission. The five public primary schools in Kibera have a total of sixty vacant classrooms. These schools can absorb up to three thousand pupils. The rest of the students can be accommodated within the same schools with construction of additional classrooms.

The students in secondary schools in Kibera can all be absorbed in the two new secondary schools in the area, Olympic Secondary School and Raila Educational Centre.

Provision has been made for daycare facilities and nursery schools in Kibera at strategic locations consistent with their current locations.

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Kibera: Relocation Options for Pupils No of Pupils to Occupy No. Of Pupils to Existing Vacant Class Extra Class Occupy New as Rooms rooms Class Rooms Vacant (Number of (Number of (Number of Class Pupils per Pupils per Pupils per class Rooms class @ 50) class @ 50) @ 50) Toi Primary School 20 1000 10 500 Ngei Primary School 20 1000 0 0 Langata West Primary 0 0 5 250 Shadrack Kimalel 10 500 15 750 Ayany Primary School 10 500 15 750 Total 60 3000 60 2250

Mukuru

The Advisor has recommended the relocation of the Mukuru PAPs from their current location on the railway reserve to the RoW between Lunga Lunga and Likoni Bridges. Four public primary schools in Makongeni Estate situated within a distance of approximately 1km from the proposed site, were identified for the relocation of pupils moved from schools within the reserve. The Advisor visited two of the four schools, Makongeni and Joseph Apudo Primary Schools within the estate. The two primary schools have a total of 32 vacant classrooms with the capacity to accommodate an additional 1600 pupils. All the Mukuru primary school pupils can be absorbed in the vacant classrooms in these two schools. These schools will however require support with staff and teaching materials.

General Recommendations for Relocation of Pupils

The recommendations with regard to public schools taking on some of the children attending schools within the reserve may take some time to implement due to the requirement for additional teaching staff. The project may therefore be forced to make provision for initial funding for engagement of additional teaching staff for some time. It is recommended that the Client work with the Ministry of Education for the best solution on the challenges of schools.

The Advisor noted that within the public schools in the immediate vicinity of the railway reserve, there are many empty classes yet many parents prefer to send their children to informal schools. In the course of consultation with communities, the Advisor was informed that the reason for this preference is because the informal schools provide other needs and services such as meals, counseling and other psycho-social support to the children in the informal settlements who are poor and live in often violent environments. There is therefore a need for the Ministry of Education to find ways of incorporating such services within the public education system to facilitate attitude change towards public schools.

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All the other institutions identified along the reserve, including churches, clinics, public utilities etc will be accommodated along the wall.

1.4 Engineering Solutions

Kibera

The objective of the project that has necessitated this RAP is to secure a safety operating corridor on either side of the railway reserve in Kibera for the railway, while the RAP aims at the resettlement of those to be affected by the project while enabling them to retain the same or attain higher standards of living.

The main engineering solution for Kibera therefore is the provision of a 9 metre concrete wall with relocation facilities on three levels on both sides of the railway track. This solution is designed within 10 metres at the outer edge of the reserve leaving 20 metres on either side of the track for railway operations, safety and expansion. The 9m concrete wall with relocation facilities on both sides of the track runs through most of the project area, but in some parts, the difficult terrain does not allow for the construction of relocation units along the wall.

The Advisor recommends that within the 10m reserve and for a 4.2 Km stretch running from km 534/6 to km 538/8 (and a further 1.1 kilometer stretch outside the project area running from Olympic estate (Km 538/8) to Km 539/9 near the railway station, replacement units will be built. This will accommodate 2904 business stalls, 3192 residential units and 280 institutions.

The proposed 9m concrete wall will secure the railway reserve from encroachment following the relocation of the PAP population currently in occupation of the reserve. The PAPs relocated to the facilities along the 9m wall will form a buffer for the wall against vandalism and misuse. The residential and business facilities constructed against the wall shall be permanent and shall be of a quality that ensures an acceptable standard of living. They shall be provided with adequate infrastructure and services such as water, sanitation, drainage and electric wiring.

The Advisor has designed access into and from Kibera around three footbridges in the areas currently used as heavy pedestrian crossings. The bridges will link the footpaths on both sides of the track. To cater for pedestrian traffic, which has used the railway track for access through Kibera, a paved footpath located within the designated 10 metres on both sides of, and running parallel to, the track is proposed. As far as is practicable the advisor proposes the use of community contractors.

Finally, the Advisor proposes the construction of covered trading sheds along the footpath as alternative trading spaces for all PAPs who are mobile vendors and those PAPs who may require larger trading spaces. The advisor proposes also that KRC considers issuing short term leaseholds to the PAPs within the 40 metre safety and operation corridor for the creation of vegetable gardens. This will ensure that the reserve is secured and well maintained without incurring additional costs.

Mukuru

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The Advisor’s finding in the Mukuru area is that the railway reserve is shared by the KPC on one side of the track while on the other side, a high voltage power line belonging to the KPLC runs parallel to the track. This makes it impossible to accommodate habitable relocation facilities within the project area of the railway reserve.

The Advisor considered three options for the relocation of PAPs from Mukuru.

The first is the densification of Makongeni estate. Makongeni estate belongs to the Kenya Railways Staff Retirement Benefits Scheme (KRSRBS) and is situated about 5 Km from Mukuru. It is much closer to the City Centre than Mukuru. The proposed densification would involve the purchase of 6.5 acres of land within Makongeni for the construction of ten (10) blocks for the residential PAPs and traders’ stalls for the business PAPs. This option was however not pursued as the KRSTBS is unwilling to sell the portion of the Makongeni land required for the relocation.

The second option involves the use of funds earmarked for cash facilitation of the PAPs to purchase land within Nairobi for their resettlement. This option was however, found to be unacceptable due to the institutional risks linked with it. It was noted with concern that the PAPs have commenced negotiations with middlemen for the procurement of land, a process that has high probabilities of malpractice and lack of accountability There is also a risk that the PAPs may not immediately occupy the land purchased, especially if there are no clear livelihood opportunities in the area where the land is situated. In the circumstances, any infrastructure developed on the land may be unused or underutilized, leading to wastage of resources.

The third option involves the use of part of KRC’s right of way (RoW) for resettlement of PAPs. The RoW is situated between Lunga Lunga bridge Km. 523.00 to Likoni bridge Km. 526.500 representing a stretch of 3.5 Km. This option proposes the utilization of 10 m on one side for resettlement, leaving 50 m of the right of way for railway development. The encroachments in this area are minimal, and it is close to the city. A solution similar to what is proposed for Kibera is recommended. The solution provides a 9 metre concrete wall with relocation facilities on three levels on one side of the railway track. This solution in Mukuru is designed within 10 metres at the outer edge of the reserve on one side, leaving a total of 50 metres, 20 m on one side and 30 metres on the other side of the track for railway operations, safety and expansion. The concrete wall will be built on both sides of the tracks with relocation facilities on only one side of the track. A 3 metre high free standing wall (without relocation units) runs through from Km 519/2 (Mombasa Road Bridge) to Lunga Lunga Bridge on both sides of the track with only enough room for a 3m footpath at the edge. The proposed wall will be at the extreme edge of the Kenya Pipeline (KPC) reserve hence protecting both the KRC and KPC safety zone.

The PAPs relocated to the facilities along the 9m wall will form a buffer for the wall against vandalism and misuse. The residential and business facilities constructed against the wall shall be permanent and shall be of a quality that ensures an acceptable standard of living. They shall, like Kibera be provided with adequate infrastructure and services such as water, sanitation, drainage and electric wiring.

In order to divert human traffic away from the railway line, construction of a paving block footpath and three (3) footbridges are recommended on both sides of the track.

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1.5 Community Consultation There is a general acceptance of the RAP process by the PAPs, but some emerging issues may present a challenge to its implementation:

• Multiple structure owners pose a threat as they are likely to object to the policy adopted in this project that “each residential, business or institutional occupant or owner identified represents a single PAP regardless of the number of structures that they may occupy or own;” • The serious jostling for recognition as the legitimate PAP representative between the traditional slum village leadership in parts of Soweto East and Laini Saba in Kibera and Ngazi Ya Chini, the forum that claims to represent the entire RAP area. There is a similar contestation in Mukuru between Ngazi Ya Chini and the member schemes of the National Federation of Slum Dwellers, Muungano Wa Wanavijiji.

This conflict is in part a reflection of the varying social, economic, cultural and political dynamics that exist, not only from settlement to settlement but also from zone to zone within a settlement. The various emerging voices must therefore be accorded a hearing and listened to with sensitivity especially during implementation of the RAP.

1.6 Legal Issues The implementation of this RAP will require the participation and support of several regulatory bodies and Kenya government ministries. Key among these are the Ministry of Lands and Settlement, the Commissioner of Lands, the Ministry of Local Government, the City Council of Nairobi, and the National Environmental Management Agency (NEMA). The various legal issues and the legislative framework for the implementation of the RAP, as well as the various roles to be played by the regulatory authorities are set out in Chapter 7.

Form of Ownership/Tenure for PAPs This report proposes the development of business and residential units along the wall in Kibera and Mukuru, it is proposed that the PAPs be resettled in relocation units similar to Kibera to be constructed along the Lunga Lunga – Likoni bridge RoW. Long term leaseholds are proposed in both instances.

Kibera The Advisor proposes that each of the PAPs relocated to a residential or business unit along the wall in Kibera should be granted a lease to the unit. The Advisor proposes leases of 45 years at a nominal annual rent to be agreed with the PAPs.

While some of the PAPs in Kibera wish to remain within the reserve and be relocated to the stalls and relocation units along the wall, there are some who have indicated willingness to relocate from Kibera. This wish to relocate has been based largely on a lack of confidence in their security within Kibera, especially after the post election violence. This option has, however, been found largely unacceptable to other stakeholders and has therefore not been pursued further by the Advisor.

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Mukuru The Advisor has recommended the relocation of all the PAPs in Mukuru to relocation units constructed against a nine metre wall along the Lunga Lunga – Likoni bridge RoW. As in Kibera’s case, the Advisor proposes the grant to PAPs of 45 year leases at a nominal annual rent to be agreed with the PAPs.

1.7 Grievance Procedure The Advisor recommends a dispute resolution mechanism in which, as far as possible, all disputes are resolved at the community level.

A three tier grievance procedure is proposed, with disputes presented for resolution at the first instance to a segment level committee. Any dispute not resolved at that level will be referred to a multi segment committee and thereafter to a PIT Grievance Appeals Committee comprising of three (3) representatives from the Project Implementation Team and 2 professionals appointed by the PIT, one of whom shall be an Advocate of the High Court of Kenya. Recourse to the national judicial system shall still be open to any party dissatisfied with the decision of the PIT Grievance Appeals Committee.

It is recommended that the grievance committees should be established in the first phase of implementation.

1.8 Project Administration and Professional Services

Following the preliminary design, it is recommended that the detailed design be undertaken urgently to enable the full implementation of the project. Due to the dynamic nature of slums in Kenya and the high demand for housing and business facilities, a delay beyond twelve (12) months may result in a major alteration of the situation on the ground. For the smooth implementation of the project, an effective institutional arrangement should be in place. Aside from the inter-ministerial advisory Project Implementation Team, the Advisor recommends the setting up of two teams. The first is the Preparatory Team to carry out tasks required before project implementation such as the preparation of detailed designs, liaison and communication. The second, a Project Implementation Unit (PIU), will undertake the day to day management of the RAP. It will be headed by a Project Manager with members with legal, environmental, communication and social expertise to handle the social aspects of the project and technical consultants to handle the infrastructural aspects of the project. It is anticipated that the Project Implementation Team will be in force for the 2 or 3 year implementation period in Mukuru and 3 years in Kibera. A Kenya Shillings 200 million (US$ 2.5m) fund is estimated as necessary to cater for administrative and professional costs.

1.9 Implementation Timelines

The Advisor envisages a tentative timeline of two and a half years for the implementation of the RAP in Mukuru and three years for Kibera. 15

In Mukuru, since the RAP recommends the relocation of all the PAPs and the provision of a wall and footpath, the entire railway reserve will be available for railway operations immediately upon the relocation. The construction of the wall and the footpath can progress as the KRC undertakes its other projects concurrently.

For Kibera, the Advisor has recommended a phased implementation of the RAP.

KRC has indicated to the Advisor that it wishes to carry out the relocation urgently in order to implement its own development plans for the reserve. The Advisor therefore recommends that, in order to gain time, KRC should engage more than one Contractor for the project or encourage the Contractor to sub-contract different sites.

Summary of the cost estimates

Item Location Estimated Amount (RoE =79) (KES) (USD) 1 Kibera 1,708,174,480 21,622,462 2 Mukuru 860,805,000 10,896,266 3 Schools 40,000,000 506,329 4 Administrative & 200,000,000 2,531,646 Professional Services Sub- Total 2,808,979,480 35,556,702 Contingencies – 10% 280,897,948 3,555,670

TOTAL 3,089,877,428 39,112,373

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2.0 DESCRIPTION OF THE PROJECT

2.1 Background The railway operation services formerly provided directly by Kenya Railways Corporation (KRC) were contracted out to Rift Valley Railways (RVR), a private limited liability company, in April 2006. RVR commenced railway operations on November 1, 2006 and will operate freight services in Kenya and Uganda for 25 years and passenger services in Kenya for 5 years.

RVR operates a total rail network of 1920 kilometers. The main line runs from Mombasa, at the coast to Malaba in the west. Typically, the railway line has an exclusive corridor, 60.6 meters wide throughout the network except at station yards and major depots where a larger railway reserve is provided.

Despite the requirement to have a railway reserve free for railway operations and safety, parts of the railway reserve have been encroached upon. The railway reserve in both Kibera and Mukuru, within the city of Nairobi, is particularly encroached by large numbers of people who reside and/or carry out business within it. At several places, markets have been established on both sides of the railway line with the railway line being used as a path not only for accessing the market stalls, but also for pedestrian traffic moving to and from the city centre and the industrial area.

The result of this encroachment is extensive human activities with the following shortcomings: • Risk to human safety during normal train operation due to people’s proximity to active railway traffic. • Exposure to unacceptable risk and danger to the people, structures and property within the reserve in the event of accidents or derailments. • Trains can only move through the area at low speed, which causes inordinate delays. • Excessive human traffic and businesses operated in the area results in waste and rubbish being dumped on to the railway tracks, which impedes track drainage and compromises the stability of the track. • As a result of solid waste disposal (including faecal matter) on the track, maintenance personnel are exposed to very unhygienic working conditions. • In addition, since the concessionaire expects to improve freight carriage, it will be essential that it increases operational speeds throughout the railway system.

The above factors make it necessary to establish a clear corridor of operation in Kibera and Mukuru to improve railway safety and operation. It is therefore proposed to implement the relocation of people residing, undertaking business, or otherwise occupying the reserve within the entire 60-metre railway operation corridor.

2.2 Terms of Reference The project area stretches from the 534/6 km mark to the 539/9 km mark within the Nairobi- Kibera section (5.3 Km) and Likoni Road to Mombasa Road within the Makadara- Embakasi section (7 Km) totaling some 12.3 Kilometers. The TOR requires the consultant to:

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“Review the existing RAP and design environmentally and socially acceptable approaches to relocation of PAPs using compensation, livelihood restoration and community development activities that are included in RAP implementation. The Advisor will play a lead role in ensuring community participation during the review of the RAP and ensure that all relevant knowledge and information is availed in a timely and appropriate manner to the Project Affected Persons (PAPs). This will include individual consultations and the setting up and facilitation of meetings and workshops in which information and knowledge from within and outside the affected area is shared and disseminated. The Advisor to undertake consultative and relation building and maintenance processes on the Relocation Action Plan with KRC, relevant Government Departments, City Council, Stakeholders and PAPs during the preparation of final detailed drawings and plans. Finally the Advisor will liaise with governmental, private sector, and civil society organizations charged with undertaking various activities of the resettlement process.”

More specifically the RAP is aimed at achieving the following • A safe operating corridor of a minimum width of 60 meters for railway operations and maintenance; • Making provision for permanent solutions including construction of a suitable wall aimed at securing the reserve against future encroachment; • Provision of suitable human traffic movement alternatives including footpath and overhead footbridges to divert the human traffic away from the railway reserve; • Examining various options for implementation of the RAP taking compensation as the key mechanism for relocation and where this is not appropriate to advice on other options. • Mitigating against the social, economic and environmental impact of such a relocation by putting in place sustainable development programs, providing sufficient investment resources to enable the people displaced by the project to restore their livelihoods and standard of living to pre-displacement, or higher levels and as a result guarding against severe long term hardship and impoverishment of the PAPs.

2.3 Comments on the Terms of Reference Two major issues arise from the terms of reference. These are the determination of the safety corridor and the issue of cash compensation.

2.3.1 Safe Operating Corridor The main RAP objective is the creation of “a safe operating corridor of a minimum width of 60m for railway operations and maintenance.” There is, however, a qualification of this objective contained in the scope of the assignment which constitutes a part of the terms of reference. The provison is to the effect that “KR may consider allowing a 5 m strip on either side of the corridor and along the length of the proposed wall to be used for developing business stalls and for the provision of essential services such as water points.”

It is observed that this proviso is an indication that KRC appreciates the reality that it is not possible to fully reclaim the entire 60 metres without the complete relocation of the PAPs.

In seeking solutions towards meeting the RAP objectives, the Advisor took the following matters into account:

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• The railway line in both Kibera and Mukuru is a natural market and a source of livelihood for very many people. It is a vibrant trading zone that is difficult to reproduce anywhere else as the huge customer base it serves is peculiar to both these areas. Bearing in mind the detrimental effects of disrupting these livelihood opportunities by relocating the traders outside the 60 meter reserve, the Advisor concludes that as far as possible the PAPs need to be retained within their existing environment. • It is appreciated by all the parties that the construction of a continuous free standing wall as a barrier intended to safeguard the railway reserve would be ineffective, as disgruntled residents could easily break it down and proceed, as they often have, to uproot the rails. • Consequently, the development of trading kiosks and relocation units against the wall would act as a living buffer against such threats as the traders and residents would have a deep interest in protecting the wall as it forms an integral part of their homes and businesses.

After considering the above factors the Advisor decided to explore the proposed 5m strip as a first option for relocation for Kibera and Mukuru. This report sets out the Advisor’s findings in this regard.

2.3.2 Cash Compensation Another fundamental objective of the RAP is to examine “various options of implementing the RAP taking compensation as the key mechanism for compensation, and where this is not appropriate, to advice on other options.”

Cash compensation as an option was given serious consideration by the Advisor. However, after extensive consultation and analysis and as endorsed by KRC, it was concluded that it was not a viable option as: • Many of the occupants of the reserve prefer resettlement rather than cash compensation as their residential or business locations are linked to other facilities such as schools for their children, sources of income and social networks which can be maintained through resettlement; • It is mainly the absentee structure owners who are interested in cash compensation as they have no real stake in the resettlement beyond their monetary interests; • Some of the PAPs have the misconception that they can get cash compensation and still maintain their presence in the railway reserve; • In many of the settlements along the railway reserve especially in Mukuru, the reserve is used as a sanitation site. Men, women and children relieve themselves on or adjacent to the railway track because they have little access to toilets, thereby exposing themselves to violence.

Consequently, compensation in form of replacement housing and trading facilities will be provided for PAPs in both Kibera and Mukuru. The RAP requires the application of both Kenya Government policies and relevant policies of the World Bank Group. Kenyan law does not currently provide for compensation for persons who are in occupation of land to which they do not have legal title. The Advisor’s recommendations are therefore based on the provisions set out in the WB Operational Policy (OP) 4.12 which specifically provides for compensation to PAPs to a level that places them in a position equal to or better than their current living standards. 19

2.3.3 The RAP Area The study area in Kibera as designated in the TOR commences from Km 534/6 km mark to 538/8 km mark (4.2 Km), but on field visits it was established that the encroachment has extended to the 539/9 km mark. Leaving out that stretch of the line which is outside the TORs would render the solution incomplete and the full benefit of the RAP would not be realized. On this basis the Advisor has enumerated PAPs and made proposals based on a 5.3 Kilometer stretch starting from the 534/6 km mark to the 539/9 Km mark, thereby extending the project area by an extra 1.1 Kilometers.

2.3.4 Alternatives for the Safety and Development Corridor The determination of the extent of the safety and development corridor (SDC) has been discussed in many forums. In the original RAP, a 10.4 meters safety corridor was proposed but has since been found to be unworkable due to:

• The high risks to human life as experienced in the recent fatal accident which affected structures beyond the proposed 5.2 metre safety corridor; • KRC is in the process of developing comprehensive commuter services in the city which require more space than earlier envisaged; • In the Government Vision 2030, the modernization of the railway is a major component and the demarcation of the railway reserve needs to take into account the additional space needed for future developments;

It is appreciated that the number of PAPs affected by the RAP will vary depending on the width of the safety corridor. However, after extensive discussion with the Client it was agreed to address the entire 60m corridor with the option of using 10 metres on each side for development of relocation facilities in Kibera and one side in Mukuru. The table below illustrates the impact of three alternative widths for the safety and operational corridor.

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Right of Way Options and the Estimated Costs of Each Option in Kibera NUMBER OF BENEFICIARIES COST COST OF OF SAFET COST RELOC Y OF ATION MEAS RELOC PER Corri Disadvan URE ATION TOTAL RAP dor Features tages R B I (Kshs.) (Kshs.) (Kshs.) (Kshs.) No 6M high adequate wall for space for 5.3Km expansio 152 85 15 352,855 719,560, 1,072,415 1 30M (G+1) n 0 3 6 ,000 800 ,800 303,228 9m high No wall, drain adequate and (3) space for footbridge expansio 240 16 23 466,755 1,065,01 1,531,768 2 42M s (G+1) n. 0 00 2 ,000 3,250 ,250 266,253 9m high wall, drain and (3) footbridge 339 34 27 1,394,54 1,395,035 3 60M s (G+2) 9 20 1 491,535 3,800 ,515 196,760

The cost per PAP is approximately Kshs. 300,000 for the 30m RoW, Kshs. 266,253 for the 42m RoW and approximately Kshs. 200,000 for the 60m RoW in Kibera.

It should be borne in mind that this cost includes both the resettlement and safety options costs, with the safety options taking up approximately 30% of the total cost.

2.4 Description of the Project Areas 2.4.1 Land Use in the Reserve In Mukuru, the railway reserve has been highly encroached by residential, business and institutional structures that stretch across three segments namely, Mukuru Kwa Njenga, Mukuru Sinai and Mukuru Kwa Reuben. Every space on the reserve is valuable and occupied and as such very small portions are left to make provision for basic services such as sufficient foot paths, adequate sanitation, drainage and decent housing. The business structures on the reserve in Mukuru are in three rows of stalls built against each other parallel to the railway track. The row adjacent to the track is often comprised of mobile vendors who lay their commodities either on the ground, on a cart or hold/hang their commodities on their bodies. The track is used as the main footpath connecting all these Mukuru settlements to the main roads such as Mombasa Road, Jogoo Road, Lunga Lunga Road and Outer Ring Road and often the relationship between the mobile vendors and the pedestrians is abrasive as a result of competition for the same space. 21

Successive rows in Mukuru house different kinds of businesses. The furthest row from the track comprises of textile shops, boutiques, footwear and kitchen utensils. The second row of businesses is slightly similar to the third row but with an addition of quick bargains or quick picks such as ready-to-eat food stuffs, pre-packaged fruits, handkerchiefs, air time, shoe laces etc. The mobile vendors often sell vegetables, miraa (khat), mobile phones/phone accessories, insecticides, socks, shoes, slippers etc. In addition, the mobile vendors also respond to demand and hence their temporary nature. During a rainy period for instance, an influx of mobile vendors is observed along the reserve engaging in selling umbrellas, plastic boots (gum boots) and protective head gear.

In Kibera, the use of the reserve is similar to that of Mukuru, with the business arrangements at the busy shopping spots assuming a similar pattern. Two storey residential structures are becoming a common alternative to use of space on the line.

Mobile vendors per village in Kibera Mobile Vendors Persons Mashimoni 51 Kianda 134 Laini Saba 111 Soweto 110 Kisumu Ndogo 66 Gatwekera 0 Total 472

In Mukuru, during the rainy session, slippery areas and the surface runoffs cause pedestrians to use alternative routes into the settlements. This change greatly affects business operators. In Kibera, most businesses in the rows after the row closest to the track usually close their shops earlier because most pedestrians purchase their goods from the nearest traders to the footpath.

2.4.2 Infrastructure There are very narrow access routes which are often impassable at dawn or dusk due to insecurity. During the enumeration exercise, a few cases of fatal muggings of residents walking on the railway track to their homes were reported.

Surface runoffs mixed with sewerage effluent follow the footpaths resulting in very muddy and slippery ground conditions. Pupils on their way to school, the aged and those with disabilities struggle with these conditions daily. Children residing along the line in Mukuru face different living conditions. On one side, the KPC has cleared all structures on their reserve and as a result, the open space is used as a playing ground by many of the children in Mukuru Kwa Reuben and Mukuru Sinai. In Mukuru Kwa Njenga, the reserve is densely populated and very few spaces are available for children to play in. Most of the children play along these slippery and unhealthy footpaths.

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2.4.3 Housing The residential structures in Mukuru and Kibera are usually constructed using iron sheets, mud, wattle and concrete. The iron sheets are used for roofing and also for constructing the walls. Floors are either concrete or leveled earth. The business structures are temporary in nature and are made of wattle and polythene papers. Stalls for businesses such as restaurants, hardware shops, salons, and barber shops that require greater security, are constructed with materials similar to that used for residential structures. There is little or no provision made for basic services such as adequate toilets, solid waste disposal and waste water drainage. The findings from the enumeration are that the average household size for a single residential unit comprises one to three members. In Kibera for example, 93% of the residential units house one to three members. The average occupant size for a business structure is one person. The cost of housing for those renting a unit varies from Kshs 500 to Kshs 2,000 a month. This rate varies with location and access to services.

2.4.4 Informal Schools Most of the informal schools in both Kibera and Mukuru are started and run by retired teachers, retired civil servants or trained social workers who cannot get jobs within the formal sector. In addition, teaching staff are qualified teachers whose training is either informal (those who have completed studies up to high school level and undergone mentoring and teaching exposure from their principals) or formal (those who have acquired teaching skills from teacher training institutions).

There are three levels of education offered by the informal schools:

Baby Class/crèche: There are many crèches along the reserve, especially in Kibera, where little children and young babies are cared for. These centers are very important for single parents who are self employed or employed in formal or informal jobs such as guards, government staff, attendants in private companies, businessmen and women who travel far to buy stock for their businesses and women who get contracted to clean homes in the adjacent residential estates. The crèches therefore form an extension of the home by providing a safe environment where the children can play with other children as well as eat and sleep. In some daycare centers, special arrangements are made for the children whose parents work late or on night shifts or who travel for days to undertake businesses, to be accommodated at the matrons/principal’s house within the centre.

Primary Education: The primary education level is the largest category. Education is offered from standard 1 to standard 8. However, some of the schools do not have formal registration documents and so they do not offer education for standard eight children because they do not qualify to register for national exams. Such schools will only offer education up to standard 6/7. Pupils who reach standard 8 while in these schools must look for alternative registered schools. All schools are day schools except for one school in Gatwekera known as Starays school that offers boarding facilities for 52 adolescent-girls who come from unstable families.

Secondary Education: Very few schools offer secondary education within the reserve. Mashimoni Primary and Secondary School has a few high school students. According toinformation availed to the Advisor, the informal schools offer personalized care to their pupils.

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The emphasis in these schools is on security and safety for young children. The slum environment is often very dangerous and cruel to children. The challenges that children in slums go through are numerous. There are terminally ill parents who cannot provide their children with education, sufficient food or adequately attend to their daily needs. There are children from single parent homes, (usually mothers), who are exposed to their parents’ intimate relationships that make them vulnerable to rape and sodomy. Others are exposed to violence by parents who are consumers of drugs and alcohol. Finally there are children who grow to puberty and become vulnerable to a community that doesn’t support nor protect their transition from childhood to adulthood but instead condemns or takes advantage of them.

The nature and responsibility of these schools is very practical and hence the sustainability of these schools is challenged by the increased dependency on these institutions by a desperate community. As a result of these circumstances, schools remain uncontested public protected facilities. Most of these schools get grants from both government and non-governmental agencies to meet such community needs.

2.4.5 Health Services The residents of the two settlements access health services mainly through privately owned facilities such as local chemists and private clinics. In addition, non-governmental facilities such as AMREF and St. Mary’s Mission Hospital are accessible to Kibera. Public hospitals such as Kenyatta National Hospital, Pumwani Hospital and Mbagathi District Hospital are more accessible to the PAPs in Kibera than Mukuru.

2.4.6 Water The residents on the reserve access water through private water points at a cost of Kshs. 5 to Kshs.10 per 20 litre jerican. The cost fluctuates due to irregular supply of water. Some of the residents confess that the taste and color of the water is strange as a result of the broken informal pipes. The community is thus prone to water borne diseases.

2.4.7 Latrines The availability of latrines and toilets in slum areas has been a great challenge. A few households have close access to latrines in Kibera and Mukuru while the majority use public community toilets at a cost of Kshs. 2.00 to Kshs. 5.00 per visit. These public latrines are not fully accessible to the residents because the only operational time is daytime. This has been the major cause of the “flying toilets” (Human waste in a polythene bag) often observed on the track and along the narrow access roads in the settlements. Residents with poor health are unable to attend to the call of nature throughout the night. In Mukuru, especially the Sinai area, residents resort to relieving themselves along the footpath and on the railway track, exposing themselves to all forms of violence. The available latrines fill up very quickly due to shallow depth and numerous families depending on one single latrine. During the rainy season, latrines often collapse and human waste escapes as surface run off. Manual exhausters are hired at a cost of Kshs. 3000 to empty the latrines. They comprise of a large 200 litre drum pulled on a cart manually drawn by a person who empties the latrines using a small bucket into the drums with their bare hands. The major cause of this shortage of latrines is lack of space to put up latrines.

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2.4.8 Garbage Disposal There is no planned site for garbage disposal along the reserve. The major dumping site is the railway line and any available open space in the settlements. The garbage disposed is both biodegradable and non-biodegradable. Waste water disposal from households is poured outside the house or onto the track.

2.4.9 Energy Supply The major sources of energy in Mukuru and Kibera slums include kerosene and charcoal. Electricity use is increasing as a result of the KPLC initiative to provide the service to informal settlements. Major businesses using electricity are barbers, timber go-downs, mills, hair salons and other general shops that remain open late into the night. In addition, charcoal made from recycled material is also becoming a common source of fuel.

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3.0 POTENTIAL IMPACTS AND MITIGATION MEASURES

3.1 Introduction The implementation of the project has both positive and negative impacts. While the positive impacts are beneficial to all, it is the negative effects that will be a challenge to the implementation of the project. A comprehensive Environmental and Social Impact Assessment will be undertaken during the detailed design stage in line with the Environmental Management and Co-ordination Act. The total length of the 60 meters corridor from which human activities are to be affected is about 9 Kilometers, covering about 5.3 Km in Kibera section and 3.8Km in Embakasi – Makadara section of the main railway line.

3.2 The Positive Impact Item Impact Description 1 Improved Securing a suitable safety zone will enhance the safety of both human Safety and railway traffic and avoid the ever increasing train accident related conflicts. Provision of a paved footpath away from the track will ensure the human and railway traffic conflict is reduced. 2 Drainage Overall, the hydrology and drainage of the railway line will be improved due to the upgrading of the footpath and drainage structures such as bridges, culverts and other cross-drainage facilities like side drains 3 Maintenance The standard of track maintenance will improve as a result of reduced waste disposal hence an increase in operational speeds leading to improved freight carriage by the RVR. 4 Infrastructure With the required railway corridor, the planned commuter and Standard Growth Gauge railway can be developed with ease, greatly impacting on economic growth in Kenya in line with Vision 2030 5 Pedestrian Provision of a footpath and overhead footbridges to divert the human Traffic traffic away from the railway reserve is a great benefit to the community. The footpath will further foster easier access to other areas and social services (particularly health facilities) with the resultant improvement in trade and commercial activities. 6 Commuter Improvement of railway commuter services will lead to more transport Service options, leading to a cheaper and more reliable transport system. 7 Water & The project will improve delivery of portable water and effective and Sanitation accessible sanitation services. 8 Employment During the implementation phase, the contractor is expected to largely engage members of the community for any jobs for which they have the requisite skills thus offering additional income opportunities. 9 Security Lockable stalls increase safety for goods and commodities of business operators. Residential households also benefit from better security. 10 Livelihood Lighting and increased availability of customers increases the vibrancy of businesses as a result of extended hours of operating as well as strengthening the symbiotic relationship between the businesses and the surrounding formal estates.

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3.3 Negative Impact

Item Impact Mitigation Measures 1 Loss of business and property where Provision of suitable business infrastructure along the some of the loyal customers may be wall and a better pedestrian footpath. Where this blocked on the other side of the option is not sufficient, provision has been made for wall. alternative relocation sites following the set guidelines. Wide consultation and stakeholder participation has been employed. 2 Loss of shelter Provision of alternative shelter along the proposed wall or in alternative agreed relocation sites. 3 Isolation: Significant social impact Provision of overhead access footbridges to enable will result from loss of social movement from one side to the other. networks as the proposed wall will separate the direct interaction that has existed between groups on opposite sides of the track 4 During implementation, there will The contractor will be encouraged to minimize the use be a temporary influx of people into of external labour supply by making use of the local the project area, which may cause labour. Contract specifications will be tailored antagonism with residents and raise accordingly to ensure this is observed. security concerns. 5 Construction activities will create The client should ensure responsible disposal in large quantities of waste in the form accordance with national standards, while land fill of spoilt, dry material and liquid sites must be located away from sensitive and waste. inhabited areas, and properly managed. Once the project is completed, all work areas and offices, storage and repair sites and other temporary installations must be cleaned and restored. 6 There will be a high demand for Water must be provided for the workforce, and the use water for the concrete works and of the source should not create conflict with the local contractor’s workmen. communities. 7 The proposed footpath will affect The provision of appropriate and sufficient number of the existing hydrological regime drainage structures will mitigate this problem. Further due to the raising of the walkway water flow into the natural channels should not be section. While this will allow all hindered during construction. weather utilization of the passage, it may act as a water barrier during floods. 8 Removal/relocation of informal The proposal for the informal schools is to infill the schools. existing public schools. It will be necessary to incorporate the rehabilitation, home based care and counseling services to children from distressed and violent homes offered by informal schools in the public schools.

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Final report of the Relocation Action Plan Review 2010

4.0 SOCIAL ECONOMIC STUDIES

4.1 Introduction This section describes the methodology and process of identifying PAPs on the railway reserve in Kibera and Mukuru. At the commencement of the process the Advisor’s Mapping/Enumeration team undertook a reconnaissance of the Kibera and Mukuru settlements to enable the team familiarize itself with the situation on the ground and establish the extent of encroachment. The reconnaissance was also critical in enabling the team to come up with a socially acceptable mapping and enumeration strategy. It also provided an opportunity for the team to meet the PAPS and assess the level of community awareness of the intended relocation.

4.2 The Mapping and Enumeration Approach The Advisor has applied a three-pronged approach in the identification of affected persons as follows: • Numbering of all structures and identification of PAP types; • GIS mapping of all physical features of the reserve. This involves topological features, PAP structures, infrastructure and open spaces; • Social economic enumeration of all PAPs.

In all cases, PAPs were organized to participate in all the three exercises in order to ensure transparency and acceptability of the process. To achieve this, the Advisor mobilized representative community teams, undertook training of the teams and provided a daily subsistence allowance. The Advisor also recruited an experienced research team to guide and supervise the exercise.

For ease of data collection and management, the Kibera and Mukuru settlements were clustered into zones. The numbering and mapping teams were then selected from these zones and the minimum requirement for recruitment was that one came from these zones and was a PAP.

Mukuru was clustered into three (3) zones namely, Mukuru Kwa Njenga, Mukuru Kwa Reuben and Mukuru Sinai. Due to the intensity of encroachment in Mukuru Kwa Njenga, the zone was further divided into three (3) clusters- Sisal, Riara and Vietnam. Kibera was clustered into six (6) zones namely, Kianda, Gatwekera, Kisumu Ndogo, Mashimoni, Laini Saba and Soweto East.

A team of 60 people in Mukuru, 20 from each zone, was identified for numbering and mapping. Another 60 people were identified from Kibera resulting in a total of 120. A further 120 persons were identified in Mukuru to undertake the social economic enumeration. The total number of enumerators recruited in Kibera is 150.

4.3 Numbering and Identification of PAPs The process included the development of a numbering code. All structures were coded starting with the letter R (for Railway enumerations) followed by the settlement code, zone code, cluster code, structure number and finally household code/room detail.

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The tables below give an explanation of the coding system used:

The codes for the Mukuru segments are as follows: Abbreviated Description of the code Meaning numbering code system (Examples of selected codes) RMNS/001 Railway, Mukuru kwa Njenga, Single structure Sisal cluster, structure No.001 RMNV/001D Railway, Mukuru kwa Njenga, “001D”refers the fourth household Vietnam cluster, Structure within a plot with multiple No.001, Room No.D households. RMNR/010B Railway, Mukuru kwa Njenga, “010B”refers the second household Riara cluster, structure No.010, within a plot with multiple household No.B households. RMR/109 Railway, Mukuru kwa Reuben, Single structure structure No.109 RMS/100A Railway, Mukuru Sinai, “100A”refers the first household structure No.100, Room No. A within a plot with multiple households.

In Kibera, the codes are as follows:

Abbreviated numbering Description of the code Meaning code system (Examples of selected codes) RKK/002 Railway, Kibera, Kianda, Single structure structure No.002) RKG/030 Railway, Kibera, Gatwekera, Single structure structure No.030 RKKN/040 Railway, Kibera, Kisumu Ndogo, Single structure structure No.040 RKM/001 Railway, Kibera, Mashimoni, Single structure structure No.001 RKLS/995 Railway, Kibera, Laini Saba, Single structure structure No.995 RKSE/500F Railway, Kibera, Soweto East, “500F” refers the sixth structure No.500, structure No.F household within a plot with multiple households.

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Each structure on the ground had a number written on the door. The unit of numbering used was a household. If a household occupied more than one room, the rooms would have the same number. At the same time if one structure housed more than one household, then the different households would share the same house number but different "room letters". Examples are RKSE/500A, RKSE/500B, RKSE/500C, RKSE/500D, RKSE/500E, RKSE/500F.

A log sheet of all the numbered structures was filled by the Advisor. The log sheet contains details of observable features such as structure number, structure use, structure type, construction materials and any special / peculiar characteristics.

The PAP numbers provided in this report are based on the numbering and enumeration process. Analysis of the log sheets provides the total number of structures in the settlements categorized in terms of their use and thus indicates the number of residential units, business and institutional units. The subsequent processes of mapping and enumeration are designed to correspond with the numbering.

4.4 GIS Mapping The team used participatory GIS in mapping the settlements. This approach was necessitated by: • The high level of encroachment in Kibera and Mukuru; • The lack of physical demarcation of reserve boundaries in Mukuru; • The need for a mapping methodology that would allow for easy collection, management, storage and manipulation of large spatial data sets; • The need to link the socio-economic data collected through the enumeration process with the spatial data; • The need to develop a data collection methodology that ensures rigor and authenticity.

The GIS tools used in the process included satellite imagery, hand held mobile mapper CX GPS, GIS soft ware and existing maps and photos.

The participatory nature of the approach allowed the PAPS to effectively engage in the preparation, collection and processing of spatial data. The linkage between the socio economic (non spatial) and the mapping data (spatial) was to be realized by the use of a unique numbering code developed to identify each feature on the ground. The same number would be used to identify the same structure during enumerations. This provided an avenue through which a digital map linked with a socio economic database generated from enumerations could be produced.

By the click of a button on a point on the map, the details of the features collected (attributes) pop up as a dialog box. This method facilitates the running of complex spatial and social economic analysis through queries.

The process consisted of various steps: • Acquisition of Satellite Imagery, Maps and Equipment A Quickbird satellite image (0.6m resolution) was acquired locally. This was chosen because of its high resolution and because its accuracy compared well with the mobile mapper cx GPS of sub meter accuracy. Existing maps showing boundaries of the adjacent

30 Final report of the Relocation Action Plan Review 2010

plots were acquired, scanned, geo-referenced and used to verify the railway reserve boundaries. • Preparation of Base Maps Visible features from the image were vectorised to generate point, line and polygon features. The line features generated included the railway line and footpaths, polygon features included the residential structures, business stalls, institutions boundaries and toilets. Point features included power posts and water points. A buffer of 30 m on both sides of the railway line was generated which defined the railway reserve. All features within the buffer were cropped and processed to form the base map. • Mapping This process involved transferring features on the ground onto a map. Due to the currency of the satellite image there were minimal changes in terms of the spatial arrangement of features (structure) few demolitions had taken place or new structures built). Mapping shape files were generated from the base map. The work of the PAP and mapping team was to identify features on the map and similar features on the ground. Once identified, they transferred the structure number to the corresponding structure on the map. The teams also updated the base map for features that were not captured by the satellite image. An overlap area of 10 meters was allowed between the mapping sheets for accuracy checks. • Digital Map Production The process of producing digital maps was carried out within a GIS environment and involved editing of the mapping shape files- all the ground mapped features were updated in the original digital base map. This process allowed presentations of different features in form of themes or layers i.e. one would have a layer of toilets, residential houses, business structures etc. These layers were organized to form the digital map. A spatial database was created in GIS, which has a unique identity column (structure no.) It was this column that provided an avenue for linking the mapping log sheet and the enumeration data to the digital map.

4.5 Social Economic Enumeration This process, like the mapping and identification of PAPs, applied a participatory approach. PAPs were identified and recruited into the enumeration teams. Training of enumerators was undertaken in each one of the segments. The team comprised the RAP Enumeration Coordinator, four Pamoja Trust enumeration staff members, 13 university student researchers and PAP representatives. The enumeration process consisted of the following steps:

• Development of Research Tools Questionnaires were developed to capture data on the three PAP categories - Residential, Business and Institutions. Each questionnaire was serialized. Questionnaires were printed in numbers that corresponded to PAP numbers identified in the numbering process. The enumeration forms bore the logos of Kenya Railways, the Relocation Advisor and the National Housing Coalition. An enumeration acknowledgement slip was developed. The slips were given to every PAP unit after their enumeration data was collected.

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• Administration of Questionnaires The enumeration teams administered a questionnaire to every numbered structure. Residential, business and institutional PAPs filled type-specified questionnaires. The residential questionnaire captures the details of all people living within the structure while the business and institution questionnaires capture the number of persons operating in the businesses and institutions. The teams were provided with the exact number of forms as the number of structures identified in the numbering process. If a questionnaire was damaged, it was returned to the RAP Advisor, cancelled and replaced with a fresh form. This measure was used to ensure that only genuine PAPs were enumerated. Further, the Advisor ensured the safe storage of enumeration forms, both filled and unfilled. For each enumerated structure an acknowledgement slip was issued. The slip was produced in triplicate and the Advisor retained copies that would be passed on to the client.

• Photo imaging A photograph of the structure and occupants was taken during the enumeration process. The photograph shows the painted door number.

• Data entry The Advisor set up a data entry unit. All filled forms, slips and photographic images were delivered from the field at the end of each day and subsequently entered into a computer database.

In addition to the enumeration process, the enumeration and validation team engaged more forms of socio economic information collection through in-depth interviews with PAPs, observation of activities carried out along the reserve, focus group discussions with categories of PAPs and documentation of these processes through photography, profiles and inventories.

• Data Verification The data collected was carried out by the community and the Advisor. The Advisor developed the community registers for public display at central accessible sites in all villages. PAPs in both Kibera and Mukuru carried out a peer auditing process as part of the data verification.

• Data Analysis All the data collected by the Advisor in Kibera and Mukuru was compiled into the following datasets: 1. A structure numbering dataset that comprises an inventory of all the physical structures on the reserve; 2. An enumeration database that comprises all PAP’s who occupy or use the identified numbered structures; 3. A list of all the PAP’s to whom an enumeration card was issued; 4. A beneficiary dataset that indicates all the proposed beneficiaries of the project. This data set takes into consideration the special categories of PAP’s identified by the community such as absentee structure owners and victims of the post election violence who had been compelled to move from one village in Kibera to another ; 5. A list of all mobile vendors in Kibera; 6. A list of the post election victims identified by the community;

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7. A list of households enumerated twice for two different government processes in Kibera Soweto, that is, the Soweto Kibera housing project by KENSUP and the RAP. Annexed are the mentioned lists, databases, income tables, GIS maps and services details marked EnMP

The Advisor recommends that a 3% margin of error be taken into account with regard to the number of PAPs since, despite the rigor of identifying the beneficiaries, there are physical structures identified whose occupiers have not come forward even after the cut-off date. Secondly, the Advisor would like to allow for the possibility of the emergence of claims from tenants who may have been blocked from being enumerated by their structure owners. Finally, such a margin will cover any other error that may have occurred during the enumeration. The grievance mechanism will look into these cases during the implementation phase and utilize the 3% provision as they deem fit.

4.6 Results of PAP Identification The Advisor has processed the individual details of each PAP structure as well as the details of the total population working and living on the reserve. The table below contains disaggregated data and information collected in the numbering process from each segment along the railway reserve.

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Disaggregated PAP Data

Residential Business Area Physical Occupants Unidentified Total Physical Occupants Unidentified Total Residential Institutions Total Toilets/ Structures identified occupants residential Structures identified occupants business cum Physical Tanks/ (Inclusive Occupants (Inclusive Occupants business Structures Bathroo of of ms/ Absentees) Absentees) water points Mukuru Sinai 474 604 8 612 741 752 7 759 15 7 1237 61 Mukuru Riara 117 114 3 117 73 67 6 73 0 3 193 52 Mukuru Sisal 364 354 10 364 193 188 5 193 4 5 562 73 Mukuru 185 183 2 185 8 8 0 8 0 3 196 44 Vietnam

Mukuru Kwa 100 120 7 127 305 404 15 419 22 0 427 20 Reuben Mukuru 1240 1375 30 1405 1320 1419 33 1452 41 18 2615 250 Total Kibera 1948 662 128 790 781 791 7 798 8 30 2767 120 Soweto Kibera Laini 1217 1340 92 1432 792 829 4 833 18 11 2038 55 Saba Kibera 238 221 40 261 285 286 12 298 1 49 573 119 Mashimoni Kibera 41 59 2 61 326 294 15 309 1 41 409 21 Kisumu Ndogo Kibera 166 102 20 122 302 344 23 367 7 71 546 58 Gatwekera Kibera 363 337 30 367 198 161 9 170 8 50 619 143 Kianda Kibera Total 3973 2721 312 3033 2684 2705 70 2775 43 252 6952 516

Grand Total 5213 4096 342 4438 4004 4124 103 4227 80 270 9567 766

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3% MoE Total

Kibera: Residential 3033 91 3124 + 23*= 3147 Business 2775 84 2859 Residential cum Business 43 2 45 Institutions 252 8 260 Public facilities 516 16 532

Mukuru Residential 1405 42 1447 Business 1452 44 1496 Res cum bus 41 2 43 Institutions 18 1 19 Public facilities 250 8 258

The 23 are the special category PAPs who did not have physical structures because of post election violence.

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5.0 CONSULTATION AND PARTICIPATION

5.1 Community Consultation The month of February 2010 was spent conducting awareness meetings in both Kibera and Mukuru. These meetings were necessary because the failure to implement the earlier RAP seriously undermined the credibility of KRC in the eyes of the PAPs. There was little confidence that this second RAP would proceed to fruition and thus there was a constant need to reassure the PAPs. During these meetings, explanations were sought and given as to why the first RAP stalled and why there was a need for this revision of the RAP. The presence of a Community Liaison Engineer, a representative of KRC, was of great help as he was able to respond to the issues raised. Three major reasons were given for revisiting the RAP: • Maintenance of the line is a major challenge due to heavy encroachments, the lack of drainage and the presence of human excreta. The consequent poor condition of the line leads to frequent derailments. Whenever derailments take place, the property and lives of those who have encroached onto the reserve are put at risk, and may even be lost as was recently witnessed in Kibera • The proposed expansion of regional rail services and construction of 4 commuter lines within the city increases the need for additional land beyond the 5.2 meters initially proposed as a safety zone. • The frequent uprooting of the Kibera line, with the subsequent disruption of rail services, leads to prohibitive costs being incurred by the State, as it is contractually bound to pay RVR for any disruptions in the railway service.

5.1.1 Social Mobilization A series of meetings were held in both Kibera and Mukuru between the Advisor and the PAPs. These meetings took into account the fact that the revised RAP was part of an earlier process in which enumerations had been conducted and PAPs identified. In initial discussions, the PAPs were of the view that the earlier proposal should be implemented and consideration should be given only to those PAPs identified in the first RAP. Consensus was however reached on the need to carry out fresh enumerations as it was appreciated that the situation on the ground had changed radically. Since the first RAP, more structures had been constructed and the number of PAPs had increased considerably. Given that the 30m railway reserve in Mukuru is also utilized by an oil pipeline and a high voltage electricity cable, space for an alternative solution within the reserve was very limited. As a result, almost all the people living and trading within the railway reserve would have to be relocated. An enumeration of all the PAPs within the reserve was thus necessary and was eventually agreed upon.

The social team worked closely with the PAPs in identifying mappers and enumerators. The mapping and enumeration teams were trained over a period of two weeks. After the training, pre- testing of the tools was conducted, numbering and mapping was carried out and finally the enumeration questionnaire was administered. During this period the social team co-ordinated activities and provided oversight.

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5.1.2 Social Mobilization in Mukuru During the first RAP, several savings schemes had been formed as a means of organizing the PAPS, and as a vehicle for communication. These are Mwanzo Mpya, Railway Hawkers, Reuben Railway Flyover Saving Scheme, Sinai Saving Scheme and Kwaraza. Four additional schemes were formed during this RAP. These schemes have a total of about 830 members. The saving schemes have now come together and formed a local network called NJERUSI (Njenga, Reuben and Sinai), which meets every Friday to discuss the issues arising from the proposed relocation.

5.1.3 Challenges The Advisor faced several challenges in the course of enumeration in both Mukuru and Kibera.

In Mukuru, there were two main challenges: • The anxiety caused by the relocation of PAPs from the pipeline reserve was the most critical. The KPC has, for a number of years, been looking for ways to relocate the people occupying its reserve in order to extend its infrastructure. Shortly before the commencement of the RAP, the KPC used the Provincial Administration to identify those in occupation of its reserve, and then proceeded to dole out compensation. There were, however, complaints that the compensation was not sufficient and not everyone identified was compensated. Many of those not compensated moved into the railway reserve. The pipeline relocation caused great anxiety amongst the PAPS as they feared that they, too, would be moved from the reserve in a similar manner. Consequently, all initial discussions with the PAPs centered on the fear that KRC would resort to the same method of relocation as KPC. These discussions took up a lot of time and energy. • An eviction notice to all households living or working on the railway reserve was issued by the KRC on 21st March 2010. The effect of the notice in Mukuru was to shift discussion from KPC to discussions on how to negotiate with KRC to ward off these imminent evictions. Enumerations were appreciated as one way of protecting PAPs’ rights. Consequently, an enumeration team was quickly set up and the Advisor was able to conduct the numbering of structures, mapping of all attributes and the enumeration of all the PAPs. A deep sense of ownership was evident as the PAPs carefully monitored every entry in order to maintain accuracy and transparency.

5.1.4 Social Mobilization in Kibera In Kibera, the mobilization was influenced by an existing community organization, Ngazi ya Chini, a forum formed to represent PAPs in the project area. Ngazi ya Chini draws its membership from all the zones along the railway line in Kibera. The representatives of Ngazi Ya Chini took up the responsibility of mobilizing the PAPs in Kibera and, together with the Advisor, recruited enumerators and mappers prior to training.

In the Mashimoni zone within Kibera, where a train derailed in 2009 and destroyed some structures, the owners of the destroyed structures demanded that the spaces they had occupied prior to the derailment be numbered, mapped and enumerated. They even mobilized youth who threatened to disrupt the mapping process should their demands not be met. The mapping team numbered the empty spaces.

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The eviction notice issued by KRC referred to earlier affected the Kibera process by shifting the attention of the PAPs from the RAP to dealing with the threat of imminent evictions. The Laini Saba Traders Association reacted to the threat of eviction by taking a keener interest in their involvement in the enumeration and mapping exercise.

The following are common challenges faced during the enumerations in Kibera and Mukuru:

• The displacement of tenants by structure owners, thus impeding the identification of tenant households;

• Absentee structure owners posing as the owners of their tenants’ businesses;

• A few structures had been crushed by a derailment in Mukuru and could not easily be identified. (The wagons were still on site during the enumeration period);

• PAP’s insisting on the numbering of empty spaces, claiming that their building materials were stolen between the years 2005 and 2010;

• Community members constructing new structures just before the numbering and mapping was conducted;

• New allocations by the Provincial Administration as the enumerations were still going on;

• Absentee structure owners emerging and demanding compensation for the many structures that they own.

Upon completion of the mapping and the data collection process in Mukuru, the PAPs began to discuss solutions for consideration in the RAP.

5.1.5 Dispute Resolution The disputes that arose as a result of the mapping and enumeration exercises were resolved on a daily basis during the daily consensus and evaluation meetings that were held between the Advisor, the enumerators and the local community leadership. The table below demonstrates some of the disputes/conflicts that arose and the manner in which it was resolved or responded to.

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ITEM ACTIVITY ISSUE / CONFLICT RESPONSE 1 Mobilization Questions as to what happened to the 2005 Information provided as and awareness RAP to reasons for delay in building. implementation 2 Numbering and Issues on what structure to be numbered. Issues resolved by the mapping Different interests with different individuals RAP team and and groups. community leadership daily and on a case by case basis. 3 Enumeration Resistance to a fresh enumeration, Response as indicated in suggestions to verify 2005 data, tenants v/s the above narrative. structure owners, post election violence displaced persons, double allocation of spaces, fate of mobile vendors, new people allocated by the administration as the enumerations were going on. 4 Institutions such Ownership of the spaces, the size and how to as churches, be compensated. Agreed that all schools and institutions apart from dispensaries. primary schools be relocated along the wall. Consensus with school owners however not reached as appropriate compensation measures not agreed upon. Advisor proposes stalls for compensation as schools run as businesses.

5 Consultative What will be the compensation for structure Information given that meetings on owners? Will the new stalls be rental? Will only one benefit will possible there be security of tenure? Who will be accrue to each PAP, that solutions involved in implementation? How to ensure long term leaseholds will nobody loses their entitlement. be provided as security of tenure, that KR will be the RAP implementor, that PAP databases will be shared with the various PAP CBOs as a check mechanism against displacement.

5.1.6 Consultation Meetings on the Possible Solution The Advisor held consultative meetings on the possible solution in both Mukuru and Kibera. Mukuru had six meetings and two workshops where it became clear that it is not possible to settle 39 Final report of the Relocation Action Plan Review 2010 people along the railway reserve. The Mukuru Saving Schemes therefore resolved to scout for land away from Mukuru but within the Nairobi Metropolitan area. The community set up teams that would scout for land and share the outcome. The result was that land of about one hundred acres within Ruai and Isinya had been identified, and searches had been done to confirm its availability and legal ownership.

For Kibera, a total of four consultative meetings on possible solutions took place. One group supported relocation within the railway reserve but within 15m. Another faction which comprised business people within Soweto East and Laini Saba proposed buying land for relocation away from Kibera.

The Advisor has facilitated segment meetings and exchanges to Huruma where community-led upgrading has been taking place.

5.2 Stakeholders Consultation The Advisor held various meetings with different government ministries and institutions. Key amongst them were the meetings held with the Planning Department of the City Council to explore possibilities for collaboration in the resettlement of traders within existing City Council markets. Discussions were also held with the Council on the possible use of advertising revenue for maintenance of footpaths and other public facilities developed within the reserve. The meetings held with the Council on the resettlement of traders within City Council markets were fruitful, although the challenge of political interference by councilors in the allocation of trading spaces once markets are developed was deemed to be too high.

Several meetings were held with KENSUP within the Ministry of Housing, on the need to set up a Housing Fund for the PAPs. These meetings also addressed the issue of identification of PAPS who stood to benefit from both the KENSUP upgrading and the RAP. It was eventually agreed that such a fund would be modeled along the lines of the Civil Servants Housing Fund. The Advisor also sought the participation of the Ministry of Lands and Settlements and the Ministry of Housing in the enumeration and mapping process as a means of validating the information gathered.

Meetings were held with the National Housing Coalition, a network of civil society organizations mobilizing around the issue of shelter, to brief its members and to seek its support in dealing with some of the challenges experienced.

KRC in turn convened meetings with City Councilors and the Provincial Administration in both Mukuru and Kibera. These meetings assisted in building awareness and reducing resistance to the RAP.

5.2.1 Solutions Pertaining to Schools One of the major challenges noted by the Mapping/Enumeration and Social teams is the large number of institutions on the railway reserve. These institutions include churches, clinics and

40 Final report of the Relocation Action Plan Review 2010 informal schools. The enumeration revealed that there were 48 schools on the reserve. 43 of these schools are within the railway reserve in Kibera, and 5 in Mukuru.

The table below sets out the schools located within the reserve and the number of pupils attending the schools

Schools in Kibera Total number of Total Total children in pupils in Secondary. students in Daycare / daycares/ Total Total Segments Primary primary schools# Secondary Nursery Nursery schools Children Mashimon i 3 546 1 79 3 212 7 837 Kianda 8 925 1 267 9 520 18 1712 Laini Saba 4 900 0 0 0 0 4 900 Soweto Kibera 1 204 0 0 3 71 4 275 Kisumu Ndogo 5 2141 1 89 11 373 17 2603 Gatwekera 7 393 1 100 11 1009 19 1502 Total 28 5109 4 535 37 2185 43 7829 # Most secondary schools operate within the same space as the primary schools in Kianda, Mashimoni, Kisumu Ndogo and Gatwekera segments.

In considering possible solutions to the challenge posed by where the children attending these schools can be accommodated to enable them continue with their education following the relocation, the Advisor visited several schools within the area. The purpose of these visits was to establish whether the schools had the capacity and the willingness, to accommodate the pupils from the informal schools.

Findings The team visited schools situated within the neighborhood of Kibera and Mukuru but outside the railway reserve. These schools were Kibera Olympic, Kibera, Joseph Kangethe, Shadrack Kimalel, Toi, Ngei, Ayany, and Langata West Primary Schools in Kibera and Kwa Njenga, Donholm, and Gatoto Primary School, St. Elizabeth Lunga Lunga, Kwa Reuben Centre, and Mukuru Community Centre, Makongeni Primary and Joseph Opudo Primary within Makongeni. The team explained the RAP to the head teachers of these schools and emphasized the importance of finding alternatives for the children attending informal schools within the railway reserve.

Significantly for the successful implementation of the RAP, all the head teachers expressed willingness to accommodate the children, provided the challenges they faced were addressed. These challenges pertained to the lack of facilities within the schools, but the availability of empty classes or land within the schools on which classrooms could be built offered a solution.

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During consultative meetings the Headmistress of Olympic Primary School indicated that the school has sufficient land to accommodate nine additional classrooms built on two levels. The school had a population of 2920 children, and there was a feeding program sponsored by Feed the Children Kenya- an important consideration for parents in the informal settlements. The available space shown to the team could indeed accommodate the 9 classes, and what would be required would be funds to support the development and to pay additional teachers. The Head Teacher of Kibera Primary School indicated that the school had immediately available space for additional pupils. The school has 2270 children pupils but could accommodate 2890. In addition, the school had space on which a block of 9 classes could be constructed. What would need to be addressed was the shortage of teachers. Another primary school near Kibera, Shadrack Kimalel Primary School, could also be developed to accommodate more students from informal schools currently on the reserve.

In Mukuru, Mukuru Kwa Njenga Primary School’s Head Teacher also expressed the view that the school had space to take extra pupils should it be required to. The school had sufficient space for expansion - what was needed were funds to construct additional classrooms and the employment of more teachers.

In Makongeni estate which is less than 1km from the proposed relocation site for Mukuru the Advisor visited two of four primary schools in the Estate. The two schools, Joseph Opudo and Makongeni Primary schools, each have two empty streams with a total of 32 classrooms. The head teachers in these schools explained that Makongeni estate had, initially been designed to house the employees of KRC. Four primary schools were developed to meet the education needs of the primary school going children of the residents. With the concessioning of KRC and the subsequent retrenchment of its employees, many of the schools fell vacant as the retrenched KRC employees relocated to different areas.

From the foregoing, there is a ready solution to the challenge posed by the informal schools with very high pupil populations situated on the railway reserve. Should the Client provide the necessary funds to expand the schools outside the reserve which had space available for expansion yet were close enough to the informal settlements not to lead to disruption of familiar social environments, the issue of relocation of these institutions would be easily and readily resolved. The table below illustrates how the pupils can be accommodated in existing schools in Kibera.

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Kibera : Relocation Options for Pupils Extra Class rooms New Class rooms to (Number of Extra Class rooms be constructed Pupils on the Extra Class (Number of Pupils (Number of Pupils new class Rooms per class @ 50) per class @ 50) rooms @ 50) Toi Primary School 20 1000 10 500 Ngei Primary School 20 1000 0 0 Langata West Primary 0 0 5 250 Shadrack Kimalel 10 500 15 750 Ayany Primary School 10 500 15 750 Total 60 3000 45 2250

5.2.2 Solutions Pertaining to Mukuru Residential PAPs

Three options were explored with regard to Mukuru.

Densification of Makongeni Estate: Consultation were held with Kenya Railways Staff Retirement Benefit Scheme (KRSRBS) to consider the development of additional residential units and market sheds in the empty spaces within the KRSRBS Makongeni estate which is located 5 kilometers from Mukuru to accommodate the Mukuru PAPs. It was proposed that the project buys 6.5 acres of land within the Makongeni estate which would be developed by Kenya Railways for the relocation of PAPs.

The Makongeni densification would provide a solution for the residential PAPs, with the construction of 10 No. residential blocks which can accommodate 1240 PAPs. The Advisor is of the view that this option would not only resolve the issue of Mukuru relocation but would also set a precedent for addressing the long term housing needs for KRC staff. If the 6.5 acres of land is purchased from KRSRBS at a cost of Kshs.20m per acre, the total cost of the land would be Kshs 140,000,000. The cost of relocation units for 1240 residential PAPs from Mukuru is Kshs 372,000,000. This option has obvious advantages, both for the residential and business PAPs from Mukuru, and for the long term housing needs of KRC staff.

Makongeni estate is close to the City Centre and infrastructure and services are all accessible. It is situated along the railway line about 5km from Mukuru. Mukuru is situated at the Lunga Lunga Bridge on Km 523 while Makongeni is near Likoni Bridge at Km 526.

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However, it was established that KRSRBS was not willing to sell any part of its land for the relocation, so this option has not been pursued further.

Purchase of Land for Resettlement A second option for Mukuru relocation is the purchase of land for relocation of PAPs. From discussions with community leaders in Mukuru who indicated their willingness to look for alternative land for schools and markets, it is clear that the land purchase is an attractive option for relocation of these critical institutions/PAPs schools and markets. This solution, however, is premised on the willingness and ability of the Client to source the necessary funds to purchase the land and provide the basic services and infrastructure required.

On 7th April 2010, a meeting was held with the leaders of saving schemes in Mukuru, to discuss the need to explore the possibility of looking for alternative land for relocation. The PAP representatives proposed that they should go out and look for land within the metropolitan area for their resettlement. By 8th April 2010 the PAPs had found 100 acres at Isinya Kajiado, and other land parcels of similar size in Kamulu and Ruai. Additional portions of land were later identified in Kitengela and Athi River.

The proposal is to acquire land for the relocation of the PAPs from the reserve. The project would then fund the purchase of the land and the provision of basic services (access roads, water supply and wastewater treatment solution) while the PAPs would put up individual relocation units. In order to maintain acceptable standards, the project would further provide planning, layout designs and house type designs within the technical cost component. To enable PAPs access funding for construction of the relocation units, it is proposed that a revolving fund similar to the Civil Service Housing Fund be set up.

This option however has the following challenges • The use by the PAPs of middlemen to identify land for purchase raised serious concerns about the viability of this option given the possibility of malpractices and lack of accountability. • There is a risk that the PAPs may not immediately occupy the land purchased, especially if there are no clear livelihood opportunities in the area where the land is situated; • Any infrastructure developed in the above circumstances may be unused or underutilized and therefore underutilization of resources.

After due consideration of the limitations posed by the two options above, the Advisor proposed the relocation of all the Mukuru PAPs to relocation units constructed on part of the KRC Right of Way (RoW) situated between Lunga Lunga bridge Km. 523.00 to Likoni bridge Km. 526.500. The relocation units would be constructed within 8m on one side of the RoW, leaving 52m of the right of way for railway development. The encroachment on the railway reserve in this area is minimal, and it is close to the city. This would leave 20m on one side and 30 metres on the other side of the track for railway operations, safety and expansion.

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5.2.3 Solutions for Maintenance Advice was sought from the City Council on the viability of using advertising revenue, from advertisements posted on the inner face of the walls to be constructed on the railway reserve. The proposal was that income from these advertisements could be used for providing maintenance of the footpaths and all public utilities developed. The advertising revenue could also be used for providing security to guard against future encroachment. The Council indicated that such a proposal was viable and suggested that discreet signage on the housing and market stalls could also be developed as a further source of income. The institutional arrangements that would support this proposal would however need to be agreed upon as the Council indicated that it is, under the Physical Planning Act, entitled to all advertising revenue within the City.

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6.0 ENTITLEMENT TO COMPENSATION AND COMPENSATORY MEASURES

6.1 Eligibility Criteria Any person affected by this project in any one of the following ways is eligible for compensation and other relocation assistance during the implementation of the RAP: The involuntary taking of land resulting in: • Relocation or loss of shelter; • Loss of trading locations; or • Loss of income sources or means of livelihood, whether or not the affected persons must move to another location.

The criteria for determining eligibility for compensation are: • Residence or business within project affected area at the cut-off date (End of Enumeration Process); • Relocation away from their current location; and • Verifiable registration during enumeration.

All affected structures along the rail belong to PAPs who either (i) “own” structures and some form of occupancy rights to land, with some of whom “absentee owners”; and (ii) tenants or those who are leasing or renting structures from “absentee owner”. In accordance with the World Bank’s OP 4.12, the absence of legal title to land or other assets is not, in itself, a bar to compensation for lost assets or to relocation assistance.

6.2 Compensatory Measures There is currently no law in Kenya that would provide a basis for the calculation of compensatory measures for loss due to involuntary resettlement. The Advisor therefore followed the WB OP 4.12. Accordingly, the compensatory measures must reflect the Kenyan standard of living and provide adequate compensation enabling the affected persons to maintain or have an improved standard of living after the relocation.

Compensation Matrix for Kibera and Mukuru Type of loss and compensatory measures for categorized PAPs in Kibera Affected category Type of loss Compensatory measure Mobile vendors Loss of trading Provision of financially "equivalent" (Kibera) location/space with unchallenged spots within the trading sheds subsequent loss of income developed along the footpath. from trading Traders operating Loss of trading location 1. Relocation to trading stalls built along the from their own with subsequent loss of footpath offering equivalent or higher income premises (owner income from trading opportunities within KR reserve and in direct operated) businesses) Loss of structure to house proximity to clientele (financially the business "equivalent" locations)

2. Assistance with relocation (transport etc.) for 46 Final report of the Relocation Action Plan Review 2010

Affected category Type of loss Compensatory measure vulnerable groups (such as single female headed households with small children, the sick and the disabled) Traders operating Loss of trading location 1. Relocation to trading stalls built along the from rented premises. with subsequent loss of footpath offering equivalent or higher income (tenant operated income from trading opportunities within KR reserve and in direct businesses) Loss of structure to house proximity to clientele (financially the business "equivalent" locations) 2. Relocation sites or trading stalls on the KR reserve and in direct proximity to clientele. 3. Assistance with relocation (transport etc.) for vulnerable groups (such as single female headed households with small children, the sick and the disabled) Employees in Possible loss of job (can Only for those who will not continue employment businesses only be established during in relocated businesses: relocation) 1. Information on optional employment opportunities (Implementer); and 2. Linking with credit providers to finance start- up business Structure owners who Loss of shelter 1. Replacement shelter within the relocation units occupy their own built against the wall on the reserve residential premises 2. Access to existing social infrastructure and services (schools, means of public transport etc.) of at least the same level as in their current locations 3. Transport assistance for vulnerable groups (such as single female headed households with small children, the sick and the disabled) Tenants in residential Loss of shelter 1. Replacement shelter within the relocation units structures built against the wall on the reserve 2. Access to social infrastructure and services (schools, means of public transport etc.) of at least the same level as in their current locations 3. Transport assistance for vulnerable groups (such as single female headed households with small children, the sick and the disabled) Residences cum Loss of trading location 1. Replacement shelter within the relocation businesses: Structure with subsequent loss of units built against the wall on the reserve owners (who live and income from trading. 2. Access to existing social infrastructure and trade in their own Loss of shelter services (schools, means of public transport structures) etc.) of at least the same level as in their current locations 3. Relocation to trading space within the shed built along the footpath offering equivalent

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Affected category Type of loss Compensatory measure or higher income opportunities within KR reserve and in direct proximity to clientele (financially "equivalent" locations) 4. Assistance with relocation (transport etc.) for vulnerable groups (such as single female headed households with small children, the sick and the disabled) Tenants of residences Loss of shelter, loss of 5. Replacement shelter within the relocation cum businesses trading location with units built against the wall on the reserve subsequent loss of income 6. Access to existing social infrastructure and from trading services (schools, means of public transport etc.) of at least the same level as in their current locations 7. Relocation to trading sheds built along the footpath offering equivalent or higher income opportunities within KR reserve and in direct proximity to clientele (financially "equivalent" locations) Assistance with relocation (transport etc.) for vulnerable groups (such as single female headed households with small children, the sick and the disabled) Institutions Loss of location and Provision of alternative structure within the units structure for the institution. developed against the perimeter wall within the Loss of service for the KR reserve. community Pupils in the affected 1. Infill in the existing schools outside the schools railway reserve 2. Construction of additional streams within the existing school outside the railway reserve and provision of teaching facilities and staff Infrastructure and Loss of service to the Replacement at the estimated cost other public assets community

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7. LEGAL ISSUES

7.1 Introduction The implementation of this RAP will bring into play the operation of several pieces of legislation that regulate various activities contemplated under the RAP. The proposed solution for the creation of a safety corridor requires the movement from the reserve of some people and their relocation to sites within and outside the reserve. It proposes the purchase of land for the PAPs in Mukuru, all of whom have to move away from the reserve. It also proposes the construction of considerable public works in the form of the perimeter wall, bridges, footpaths, stalls and relocation units utilizing 10m of the reserve. Consequently, compliance with the laws that regulate various aspects of the RAP is critical to successful implementation of the project.

There is no law in Kenya to regulate involuntary resettlement, and in this regard, the RAP is governed by the requirements of WB OP 4.12. Other aspects of the RAP will be governed by existing law and be subject to the rules set by the relevant regulatory bodies.

7.2 Applicable Laws Impacting on the RAP Several pieces of legislation that may have a bearing on the implementation of the RAP have been identified. These Acts of Parliament may either regulate the purchase of land, the formation of entities to hold the land for the PAPs, or the procurement of goods and services required for the implementation of the RAP. These Acts of Parliament are set out in the Table below, and the various ways in which they may impact on the RAP indicated.

Name of Act Application Remarks Government Lands Applies to allocation of and Will apply if the project Act Cap 280 dealings with Government elects to ask the land. Title to Government government to allocate land is vested in the public land for the President who has the relocation authority to “make grants or dispositions of any estates, interest or rights in over un- alienated land The Land Acquisition An act of Parliament to make The procedure of Act Cap 295 provision for the compulsory compulsorily acquiring acquisition of land for public private land for the purpose benefit. An inquiry held, of the project is not objections heard, recommended as it is too compensation payable lengthy. The Constitution of Anyone dissatisfied with the The procedure of Kenya, Section 75(2) award of compensation for compulsorily acquiring compulsory acquisition of private land for the purpose 49 Final report of the Relocation Action Plan Review 2010

private land by the of the project is not Commissioner has the right recommended as it is too of appeal to the Land lengthy. Acquisition Appeals In addition, constitutional Tribunal. A further appeal to references can delay the the High Court can be made. project inordinately. Further, multiple structure owners dissatisfied with the RAP implementation can bring a constitutional reference against deprivation of property without compensation. The Kenya Railways Describes land vested in May be relevant for the Corporation Act, Cap KRC, and KRC rights. The acquisition of land beyond 397 Laws of Kenya, Corporation can for example the KR Reserve. revised edition 1979 either purchase land from private persons, ask the government to allocate public land to it, or ask the government to compulsory acquire land for it. The Physical Planning Requires preparation of To be considered when Act, Cap 286 (Act No development plans for every planning residential sites 6 of 1996) intended development and and other relocation sites. invitation to the public to comment /object to the development Code 95, the City The City Council of As above Building code (came Nairobi’s Department of City into effect in 1995) Planning may require the observation of the code. The Land Control Act An Act of Parliament Will apply if agricultural Cap 302, revised controlling transaction in land is acquired for the edition 1989 agricultural land project. The Local Empowers the Nairobi City Government Act, Cap Council to buy, lease or sell 265 land: to ask the government to compulsorily acquire land for it, to appropriate any land not in use for its intended purpose to be used with the approval of the Minister for another purpose. The Registered Land A maximum of 5 persons can Will be applicable if land Act be registered as owners of identified for relocation of 50 Final report of the Relocation Action Plan Review 2010

Cap 300 one piece of land the Mukuru PAPs is registered under this Act. The Co-operative It regulates the formation and It may be necessary to Societies Act operation of co-operative form housing co-operatives societies, which are legal as the entities to hold land entities capable of holding purchased for the property. relocation of the PAPs from Mukuru instead of registering it in the names of 5 PAPs The Sectional The Act is intended to Individuals can own units Properties Act No 21 provide for ‘the division of in one building constructed of 1987 buildings into units to be on the same piece of land. owned by individual Use of this Act may be proprietors and common considered in respect of the property to be owned by units constructed against proprietors of the units as the protective wall in tenants in common and to Kibera. provide for the use and management of the units and common property.

The Public Applies to all procurements Will apply to the Procurement and by government and public acquisition of any land that Disposal Act No 3 of entities will be required for 2005 and the Public relocation if purchased by Procurement And KR since KR is a public Disposal (Public entity. Private Partnerships) It will also apply to Regulations, 2009 contracts for the construction work to be undertaken. The Environmental Requires that an It is important to bring on Management and Co- environmental impact the regulatory authority, ordination Act 1999 assessment be done before NEMA, to ensure that the any project is implemented. necessary approvals will be forthcoming

7.3 Critical Regulatory Bodies for the RAP During the RAP preparation process, a number of key ministries and regulatory bodies in Kenya critical to the successful implementation of the RAP were identified. Consultations were held with these bodies in order to outline their legal responsibilities and identify parallel programmes that could possibly impact the RAP process. These bodies include the Ministries of Lands and

51 Final report of the Relocation Action Plan Review 2010

Settlements, Housing, Local Government/Nairobi City Council, Finance, Transport, the Provincial Administration and the National Environment Management Authority. The approvals and permits required from the various regulatory authorities are issued on the basis of detailed plans. They would need to be applied for once final plans are approved, and prior to entering into contracts with regard to each construction phase. The roles to be played by each of these bodies is set out in Chapter 8 below which sets out in detail the Organisational Framework for the implementation of the RAP.

Worth mentioning at this juncture, however, is the regulatory role of the National Environmental Management Authority (NEMA). While it will not have a direct role in the implementation of the RAP, its licensing role should be borne in mind. NEMA is responsible for ensuring that all projects are carried out in accordance with rules intended to safeguard the environment. It issues approvals of projects after an Environmental Impact Assessment has been undertaken.

It is important also to bear in mind the impact that recourse to the judiciary can have on the implementation of the project. Currently, 83 structure owners from Kibera have filed a petition in the High Court in Nairobi being HCCC No. 498 of 2009 Joseph Mwaura and 82 others versus the Hon Attorney General, the Minister for Lands and the Commissioner for Lands, opposing the KENSUP programme on the grounds that the proposed relocation amounts to a contravention of their fundamental rights and freedoms under the Constitution. The matter is pending in court. Interim orders have been granted in favour of the structure owners restraining the respondents from interfering with their structures. If the final orders sought were to be granted, it is likely that a precedent would have been set that would adversely affect the RAP.

7.4 Form of Ownership/Tenure for PAPs This report proposes the development of business and residential units along the wall in Kibera, and relocation of all the PAPs in Mukuru to relocation units constructed within the KRC RoW situated between Lunga Lunga and Likoni Bridges. The Advisor proposes that each of the PAPs relocated to a residential or business unit along the wall in Kibera and in the Lunga Lunga-Likoni Bridge Row for Mukuru PAPs should be granted a lease to the unit. The term of the lease should be 45 years to ensure security of tenure for the PAPs.

7.5 Management and Service Provision within Relocation Sites For both Kibera and Mukuru, issues of management and service provision in the relocation site will arise. The division of duties and responsibilities between the various stakeholders would need to be spelt out clearly and adhered to.

The first issue relates to the entity that grants the leases and follows up on compliance with the conditions imposed in the leases. In this regard, safeguarding against transfers and subletting resulting in gentrification will be critical. Given that this is a KRC project and it is located on KRC land, it is proposed that the KRC Estates Department undertakes the leasing of the units. The leases of the units, whether residential or business, must contain strict conditions against 52 Final report of the Relocation Action Plan Review 2010 subletting and transfers which the Estate Department would need to strictly enforce. It would also be responsible for payment of rates (if imposed by the City Council).

It is the legal duty of the Council and other appropriate utility companies to provide water, sewerage and lighting services to residents, while responsibility for utilities such as electricity and water consumed in individual units, and the maintenance and repair of the units, would be the responsibility of the PAPs.

Housekeeping issues such as cleanliness of the common areas within the relocation site, garbage collection and security within the relocation sites would be the responsibility of the PAPs.

7.7 Source of Advertising Revenue for Kenya Railways In this RAP, the Advisor has proposed construction of a wall with business stalls at the ground level and two levels of residential units on both sides along the track in Kibera and a wall in Mukuru. The availability of this wall, which is 9 meters high and 4.2 km long in Mukuru and 7 km in Kibera, presents a very unique opportunity of providing additional revenue to KR in the form of naming rights. This wall will create 9 meters high x 22,000 meters long space, equivalent to 198,000m2 of advertising space. There will be an increased number of people using the railway line every year. It is expected that many companies will seize the opportunity to acquire naming rights on the wall. Companies wishing to advertise their products and or services in Kenya are currently paying approximately Kshs. 110,000.00 per month for large billboards measuring 22.8 x 10.5 (239.4 sq feet or 22.4 square Meters). The proposed wall with advertising space on both sides equivalent to 9,000 large bill boards will translate to a substantial amount of revenue for KR. The Advisor proposes that KR develops the infrastructure and provides all services for the units in its reserve (for Kibera PAPS), and uses the revenue generated through the advertisements proposed above to maintain the services and facilities developed on the railway reserve.

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8. ORGANIZATIONAL FRAMEWORK

The Kenya Railways Corporation is the owner of the RAP and has the overall responsibility for its implementation. The KRC will manage the process of RAP approval and seek funding for implementation. It will also be responsible for managing relocation activities which include compensation to eligible PAPs.

8.1 The Project Implementation Team (PIT) The MOT is the Client Ministry and will have the overall responsibility of coordinating and overseeing implementation of the project. It will carry out this oversight role through an inter- ministerial Project Implementation Team (PIT) coordinated by a team leader. The PIT has been established since the inception of the Project. The critical ministries and departments which form the PIT are:

Ministry of Finance The Treasury has the overall responsibility for funds allocated for this project.

Ministry of Lands Within this Ministry, the Department of Physical Planning will have direct influence on the RAP preparatory and implementing activities. This department is in charge of settlement planning. Before any government land can be considered for allocation, a physical development plan needs to be prepared by this department.

Ministry of Housing

Kenya Slums Upgrading Program (KENSUP) The Government, in collaboration with UN-Habitat, has initiated the Kenya Slum Upgrading program (KENSUP). The Ministry of Housing is responsible for coordinating the KENSUP programme country wide, with the pilot project being implemented in Soweto village, Kibera. KENSUP has developed a set of draft concepts for resettlement including the Land Tenure Options for the Kenya Slum Upgrading Program. Continuation of this dialogue and consultation between the two projects during the preparation and implementation of the RAP is crucial.

Ministry of Local Government/Nairobi City Council While the Director of Physical Planning, Ministry of Lands, prepares Development Plans for new development sites, the NCC’s Department of City Planning approves building plans and requires developers to adhere to the Building Code.

Provincial Administration Involvement and support of the Provincial Administration in Nairobi and its officers on the ground such as District Officers and Chiefs who are conversant with the social dynamics in Kibera and Mukuru is critical to successful implementation of the RAP

Appointment of an Independent Monitor 54 Final report of the Relocation Action Plan Review 2010

An Independent monitor will be appointed by the MOT to assist in conducting independent assessments of the Project. This position should be advertised and filled before the commencement of the implementation phase.

8.2 The Preparatory Team

Various tasks will need to be undertaken upon completion of the RAP report but before implementation commences. The anticipated tasks are the preparation of detailed designs and, the setting up of the various organs required for implementation, liaison and communication.

Detailed Design

The first step of the preparatory phase will include the preparation of detailed designs for the proposed solutions The Advisor proposes that the detailed designs be completed during the preparatory phase. This can be achieved through the inclusion of additional consultants, specifically a quantity surveyor, environmental impact assessment consultant, and a civil and geotechnical engineer to the current team. This expanded team will prepare: • An environmental impact assessment report for presentation to NEMA. • The detailed architectural and engineering designs for approval by the City Council. • The bills of quantities, tender documentation and tender evaluation report.

The Preparatory Team will also require the inclusion of social and communication consultants such as legal experts, communication, enumeration and validation experts.

The advisor considers the inclusion of additional consultants to the existing team as beneficial to expediting the project given the existing team’s knowledge and familiarity with the social- political environmental of the project.

Setting up of the Grievance Mechanism

It is important that the grievance mechanism be in place within the preparatory phase. All disputes arising from this process should be resolved expeditiously so as not to cause undue anxiety amongst the PAPs, hence the need to set up a grievance mechanism early on in the preparatory phase.

8.3 The Project Implementation Unit (PIU) The day to day management of the RAP will vest in a Project Implementation Unit (PIU) headed by a Project Manager. It will comprise teams with legal, communication, environmental and social expertise to handle the social aspects of the project and technical consultants to handle the infrastructural aspects of the project.

The PIU will ensure that the relocation of PAPs to make way for construction is conducted smoothly and with minimum conflict. It will also oversee construction of the proposed solutions 55 Final report of the Relocation Action Plan Review 2010 to ensure that the work is carried out efficiently and in accordance with the agreed schedules. The PIU will also be responsible for ensuring that there is a smooth flow of information between the PAPs, KRC, government and other stakeholders .

KRC will also need to identify civil society and grassroots organisations with sufficient capacity to assist in the implementation of a project of this magnitude with which it can work in the implementation of the project.

8.4 Proposed Organisational Framework Below is a proposed organisational framework for the RAP implementation phase.

PS – Ministry of Transport (PIT)

Grievances Appeal MD – Kenya Railways Committee

RAP Advisor

Project Manager - PIU

Technical Consultants Relocation Experts

Contractors

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8.5 Grievance Procedure

Should disputes arise with regard to the implementation of the RAP, recourse can be had to the national courts. A Constitutional Division has been recently established in the High Court, and more disputes relating to economic and social rights, among which are housing and the right to obtain a livelihood, are likely to be raised particularly in light of the New Constitution’s recognition of these rights. For the PAPs, accessing these institutions directly may be difficult and not practical due to their economic circumstances and the backlog of cases that leads to long delays in accessing justice.

Alternative dispute resolution mechanisms like arbitration and mediation are also available, but the cost factor may be a limitation for the predominantly poor PAPs. The Advisor therefore recommends a dispute resolution mechanism in which, as far as possible, all disputes are resolved at the community level.

It is proposed that there should be a three tier grievance procedure, with dispute resolution committees set up at three levels with the diverse interests represented as far as possible in the first two levels. Both Mukuru and Kibera shall constitute separate grievance committees at the segment and multi segment level. However, the final appeals committee shall adjudicate disputes that are not resolved at the first two levels in both settlements.

Segment Level

At the first instance, efforts will be made to resolve disputes at the segment level through existing PAP structures such as former enumerators, Muungano wa Wanavijiji, Ngazi Ya Chini and traders’ associations. The segment level committees will comprise representation of PAP interests such as business, residential, institutions, tenants, structure owners and any other special groups identified by the PAPs and the KRC.

Multi-segment Committee

Should resolution fail at the segment level, the grievance will be referred to a committee comprising representatives from each segment within each settlement. These committees shall comprise not more than 15 persons elected from the segments and therefore having the trust and confidence of the PAPs. The membership should include representation of diverse PAP interests as identified at the segment level. It is however, recommended that the committees should include representatives from independent and therefore impartial organizations such as local religious organizations.

It is proposed that a social consultant from the Project Implementation Unit is available to support the community level grievance committees when required to ensure that the process is fair and open.

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PIT Grievance Appeals Committee

Any dispute not resolved at the multi segment committee will be referred to a committee comprising three (3) representatives from the Project Implementation Team and 2 professionals appointed by the PIT, one of whom shall be an Advocate of the High Court of Kenya. The role of the Advocate shall be to advice on correct procedure for the hearing of the grievance, and to ensure that the rules of natural justice are adhered to in the resolution of the grievance. The Advocate shall also keep a record of the proceedings and of the decision reached.

While all efforts should be made to resolve all disputes within this three tier process, recourse to the formal national judicial system shall still be open to any PAP dissatisfied with the decision of the KRC committee.

It is recommended that during the preparatory phase prior to implementation, community meetings should be held at the segment level to:

• Define a grievance procedure for and elect a grievance committee and representatives to the multi segment committee; • Define the mandate of the grievance committee, its coordination and management of the complaints received; • Define channels of communication with the committee; and • Determine a physical location where people can present their grievances.

The main tasks of the grievance committee shall be:

• Validating claims of PAPs who have not been enumerated and claim they should have been; • Validating owner/tenant status of enumerated PAPs; • Dealing with compensation complaints; and • Referring disputes that cannot be resolved at segment level to the multi- segment committee

It is recommended that the establishment of the grievance committee should take place during the first month of the preparatory phase. Information on the composition, mandate and location where the complaints can be lodged will be made publicly available. Each member of the community should have easy access to this information. The grievance committees will prepare a weekly summary report on complains received, how they have been dealt with, and the outcome. This report will be submitted to KR by the elected committee secretary.

The services of the community grievance committees will be free of charge. Should any member of the committees receive any payments (in cash or in kind) from the PAPs, then the PAPs will be requested to replace the member.

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9.0 PROPOSED FLEXIBLE ENGINEERING SOLUTIONS

9.1 Description of Kibera Measures This section contains a description of measures proposed with regard to relocations and creation of a safety corridor along the line through Kibera. The description starts at the road bridge over the railway at km 534.600, which is the part closest to Nairobi city centre, and ends at km539.900 equal to km 5.3. The directions right and left (of the railway) refer to viewing the railway in this direction – right is generally north of the rail line, and left is south of the line.

From the road bridge over the railway at km 534.600 to km534.770 to the left, the railway runs into a cutting. The new 3.0m concrete paving blocks footpath, is situated 24 meters away from the centre of the rail. 20m away from the rail centre, traders’ stalls and 2storey relocation units and wall are to be done. This footpath starts at an existing road and is one of the main entrances into the area. To the right, the same solution applies. It is important to implement this design solution in order to prevent people from walking in the railway cutting running parallel to the track.

From km534.770 to km534.880, new 3.0m concrete paving blocks footpath +traders stall+2storey relocation units and the wall continues on both sides of the railway line.

At km534.900 to 535,000 to the left of the rail line, there is an existing road and footpath done by the Ministry of Roads and Public Works. At this point the road reserve and the rail reserve overlap. Since there is an existing footpath, only the traders’ stalls+2 storey relocation units and wall will be done, while to the right the new 3.0m concrete paving blocks footpath + traders stall+2storey relocation units and the wall continues.

From Km535.000 to km 535.250 to the left there is an existing road and footpath. The solution here is to provide the wall only. Here the traders' stalls +2 storey relocation units will not be done due to the road reserve merging with the rail reserve to a minimum of 15metre. On the right, the new 3.0m concrete paving concrete paving blocks footpath + traders stalls +2 storey relocation units and wall solution is maintained.

At Km 535,250 to the left, the new 3.0m concrete paving concrete paving blocks footpath +traders’ stalls +2 storey relocation units and wall commences up to km 535,760. Note that this solution contradicts the Ministry of Housing solution of redevelopment of Soweto Zone A which assumes a 15m road reserve within the 30m rail way reserve. To the right the design solution continues.

At km535.760 the linkage to the new 3.0m concrete paving blocks footpath + traders’ stalls+2storey housing and wall is a new bridge and the solution continues.

From Km 535,760 to 536,500 the typical solution continues to the left and right of the rail. There is a wall build by the Royal Golf Club which encroaches on the reserve at 536,300 to the right.

59 Final report of the Relocation Action Plan Review 2010

This area is viable for the solution to be implemented without major hindrance as there is space between the Golf Club wall and 30meters.This solution ends at 536,500.

At 536,500 to 536,600 the viable option is a new footpath left and right and a wall on either side. At this point it is impractical to implement the traders’ stall + 2 storey relocation units since there is a major embankment.

From 536,600 the solution continues on both sides but comes to an end at 536,850 to the left. The new 3.0m concrete paving blocks footpath traders’ stalls+2storey relocation units and wall is then joined to an existing footpath to be improved as it leads toward an existing bridge to the left at about 536,900.

From 537,000 to 537,490 to the left and right the solution continues. The existing bridge at 537,100 is to be improved. A new infill is to be done from 537,100 to 537,150 to the left during the implementation process. The new footpath is then linked with the existing footpath to be improved to the left leading to the existing foot bridge then the sequence continues.

From 537,490 to 537,660 the solution is not viable as there is a steep and eroded embankment.

From 537,660 up to 537,900 the new 3.0m concrete paving blocks footpath+ traders’ stalls + 2 storey relocation units and wall continue to the left and right. A new foot bridge is installed at 537,900 to link the new foot path as the solution progress. From 538,300 to the left and right the solutions continuous up to 538,850 and ends at 539,900.

It should be noted that in certain sections of the project it shall only be possible to construct the foot path and wall and not the stalls and relocation units because of the terrain of the land. The table containing the flexible engineering solution describes the design solutions along the railway line.

60 Final report of the Relocation Action Plan Review 2010

9.2 Summary of detailed engineering solution for Kibera

61 Description – Kibera Kilometric Kilometric- Remarks -from (km) to (km) NewFP+Traders’ 534,600 534,770 An open space of Final report of the Relocation Action Plan Review 2010 Stalls+2Storey Relocations 150x17m i.e. 2550sq.m +Wall, left and right available during construction period. Mbagathi SDA Church to the right reclaimed the quarry. NewFP+Traders Stall+2Storey 534,770 534,880 A natural drain is run at Relocations +Wall, left and 23m away from the line right at 534,770 to the left. New Culvert be done at Km534,770Right and Left NewFP+Traders Stall+2Storey 534,900 535,000 Road and footpath done Relocations +Wall, left by ministry of roads and housing is adjacent to the stalls NewFP+Traders Stall+2Storey 534,900 535,760 Relocations +Wall, right Pure Wall, Left 535,000 535,250 The road reserve overlap to a minimum of 15m along the rail line NewFP+Traders Stall+2Storey 535,250 535,760 New Culvert be done at Relocations +Wall, left and 535,300 to the Left right New Culvert be done at 535,450 to the Left New Foot Bridge 535,760 535,760

NewFP+Traders Stall+2Storey 535,760 536,300 From 535,760 to the right Relocations +Wall, left and Shadrack Kimalel has right been posed for expansion. At 536,100 there is an Halt To the Left is AMREF Grounds 150x50m beyond the reserve. New FP+Traders’ 536,300 536,500 The solution stops at Stall+2Storey Relocations Km536,500 +Wall, left and right New FP on an embankment to 536,500 536,600 Additional 58 Stalls are the left and Right Traders Stall constructed Culvert be done on both sides NewFP+Traders Stall+2Storey 536,600 536,750 The typical solution Relocations +Wall, left and continues right New Foot Bridge 536,750 536,750

NewFP+Traders Stall+2Storey 536,750 536,850 The typical solution stops 62 Relocations +Wall, left and to the left at 536,850and right joined to the existing footpath to be improved up to the bridge at 536,900.The solution Final report of the Relocation Action Plan Review 2010

9.3 Description of Options • The New 3m Foot path The new 3m concrete paving blocks footpath offers the following benefits to the user compared to the existing route: • safety, due to its location outside the railway safety zone; • dryness due to better drainage and choice of material; • evenness, from foundation and choice of material; • a continuous corridor (like the railway line) and the same connectivity to existing footpath infrastructure.

• Two Storey Relocation Units and Stalls The proposed relocation units and traders’ stall units as shown in Annex C4 will be developed 20m away from the centre of the railway line on both sides up to 5.3km. It should be noted that the space provided is larger and therefore more beneficial to the PAPs whose current stalls are approximately 10x8ft and a majority live in temporary housing measuring 10x10ft according to the enumeration and mapping data. The typical relocation units and business stall are as described below.

Kibera Option Relocation Units Each is 5.0x4 metres The solution has 18 units per 100m. Each relocation unit is self contained with a wc and shower and has a kitchen sink, a work top and ample storage. There are 3 public staircases for every 100m The total no. of units are 3192 on 1st and 2nd levels

Business stalls There are 54 no. business stalls per 100m The common toilets are on both ends of the 100m The total no. of stalls are 2904

This solution accommodates all the PAPS and it is the solution which has been opted for by the Client. There are 587 spaces equivalent to relocation units on ground floor that can be used for institutions, social halls and day care centres.

The relocation unit consists of a space measuring twenty square metres and a kitchenette for food preparation and storage. The relocation units are independently served with water stored in water tanks placed above each unit. The lighting and ventilation is provided by way of casement windows.

Detailed Description of Relocation Units The basic relocation unit comprises of single room spaces with a total area of 20m2. This space comprises a kitchenette and sleeping area enclosed with a curtain screen. The cooking space has a 63 Final report of the Relocation Action Plan Review 2010 worktop incorporated with single drain sink and MDF base cabinet and high level cabinet. The floor is screed and the wall is constructed from masonry infills. The unit is linked from the ground floor level with a common staircase. An individual WC and shower are provided.

Traders’ Stalls. For purposes of creating business opportunities, business stalls have been designed as part of the structure at the ground floor level. The design of the traders’ stall spaces is based on the same formal typology as the residential units in order to allow easy adaptation of the spaces into either the residential units or the institutional function. The 20m2 space has been subdivided into 3No. traders' stalls of which each space has an area of 6.0 m2 .The floor is screed and the stalls share a common steel door with a vent.

The Wall This wall is 20m away from the centre of the railway line and it is 9 meters high. It acts as the back of the traders’ stalls and the 2storey relocation units. The wall is a reinforced concrete frame with masonry infill. This wall will run all the way from Km. 534.600 to Km. 539.900 on both sides of the railway line.

Foot Bridges The foot bridge links the two footpaths on each side across the wall at strategic points within the railway line. These bridges will be 3No. and the height of each footbridge is 5.2metres as per the Kenya Railways bridge standards.

Annexed are the selection of a schematic plan, relocation facilities preliminary architectural plans, typical sections and typical footbridge marked ENG.

9.4 Water and Sewer Connections To make these relocation units and stalls habitable, it will be necessary to provide them with proper sanitation in the form of a clean water supply for their domestic consumption and a proper sewerage disposal system. To this end, the Advisor held consultations with the Nairobi Water and Sewerage Company (NWSC) which is the government institution dealing with water and sanitation in Nairobi.

NWSC confirmed that piped water is available along the proposed project corridor and the several ideal tap-off points were noted as: a) From the 4-inch pipe crossing the line at the Olympic Estate site b) From the 4-inch pipe beside the railway reserve at the Kisumu Ndogo site. These are actually two independent lines

The Nairobi Water and Sewerage Co. confirmed that both sites would have adequate flow to meet the demand of all the relocation units and stalls being put up and would further be supplemented by new water pipelines that are currently under construction to serve the greater Kibera area. 64 Final report of the Relocation Action Plan Review 2010

In terms of administration of the water meters, which ideally should be under a single user, the issue of shared facilities brought with it uncertainties. The Company has however decentralized further into Water Service Providers who are provided with a bulk water meter and thus pay the Nairobi Water & Sewerage Co. directly for units consumed. These Water Service Providers further distribute water to local water bodies for whom they have installed check meters to determine individual units consumed. The next level of decentralization is at the community level, where the local leaders i.e. chiefs and elders mobilize their people into functional groups (community water bodies) which can take collective responsibility for units consumed by the group and thus take ownership of a check meter for the group. This decentralization enables accountability to be maintained and eases water and service delivery to the community. The water company has outreach programs and extension services for the local communities so as to train them on how the model works as well as to help them organize into these community groups.

This is actually the model Nairobi Water and Sewerage Company is using to provide water to unplanned developments all over Nairobi.

Sewerage Treatment NWSC also confirmed that sewer lines exist along the proposed project corridor and several ideal connection points were noted:- a) 9-inch trunk sewer extending from Line Saba, past Shadrack Kimalel Primary School, High view Estate and extending past Soweto b) 9-inch trunk sewer extending from Raila Education Centre to Mashimoni c) Reticulated sewer line at the Olympic Estate d) A myriad trunk sewers under construction in the slum up-grading programs on-going all over Kibera.

These would provide adequate sewer connection points along the project corridor with minimal piping cost due to considerable proximity of the sewer lines.

9.5 Description of Mukuru Measures.

In this paragraph follows a description of the measures proposed and corresponding considerations along the line through Mukuru. The description starts at the road bridge near the railway at km519.100 (Mombasa Road Bridge) and ends at the road bridge near the railway at km527.750 (past Likoni Road Bridge) which is closer to Nairobi city centre. The directions right and left refer to viewing the railway in this direction. A selection of typical cross section is given in Annex C.5 and a schematic plan in Annex C.6 of the solution has been shown.

From km519.100 to km520.000 to the right clear all encroachments under the high tension cable. The viable solution at this point is new 3m concrete paving blocks footpath and wall. To the left the same solution applies.

At Km520.000 the Advisor proposes that the existing railway bridge be maintained and improved. From Km520.000-522.625 to the left the new 3.0m concrete paving blocks footpath 65 Final report of the Relocation Action Plan Review 2010 and 3m high wall continues. To the right it continues up to the existing Cereals silo wall at Km 521.850 which is to be maintained and improved.

At Km521.680 to the left, new foot bridge shall be constructed over the river to link the left footpath to the Sinai segment. From Km521.850 to Km522.850 to the left the new 3.0m concrete paving blocks footpath and wall continues. The existing factory walls to the left be maintained and improved, while the settlements at the reserve be cleared. At Km521.850to Km522.800 on the right, the existing permanent wall be maintained and improved as the new 3.0m concrete paving blocks footpath and the traders stalls ground +2 levels are constructed. At Km 522.700 a new bridge is to be introduced From Km522.700 on the right, the new 3.0m concrete paving blocks footpath and wall continues up to Km 522.850 where it stops. At Km522.850 to Km 523.000 left and right, existing permanent walls be improved and maintained. From Km 523.000 right, a concrete wall be constructed up to Km. 526.500 at the Likoni Road Bridge.

Relocation Facilities for Mukuru A total of 1490 residential and 1539 business relocation units will be constructed in the RoW between the Lunga Lunga and Likoni Bridges for resettlement of the Mukuru PAPs. The proposed relocation area is within the RoW past Makadara Station Km. 525.00 through Likoni Bridge (Km. 526.500) to behind Makongeni estate Km 527.750 representing a stretch of 2.75 Km on one side for resettlement, leaving 50 meters of the right of way for railway development. To maintain the integrity of the existing KRC Master-Plan, construction of relocation units will be undertaken only on one side of the track (immediately behind Mbotela and Makongeni estates). This will ensure that the opposite side is fully available for KRC’s marshalling yard expansion. A solution similar to what is proposed for Kibera is recommended. The solution provides a 9 metre concrete wall with relocation facilities on three levels. This solution is designed within 10 metres at the outer edge of the reserve leaving 20 metres on one side of the track for railway operations, safety and expansion. The concrete wall with relocation facilities on one side of the track will prevent further encroachment as the PAPs relocated to the facilities along the wall will form a buffer for the wall against vandalism and misuse. The residential and business facilities constructed against the wall shall be permanent and shall be of a quality that ensures an acceptable standard of living. They shall be provided with adequate infrastructure and services such as water, sanitation, drainage and electric wiring.

To control future encroachment and divert human traffic away from the railway line, construction of a paved footpath on both sides of the track stretching from Km 519/1 to Km 522/9 and three (3) footbridges are recommended. A 3 metres high free standing wall (without reloction units) running through from Km 519/1 (Mombasa road Bridge) to Lunga Lunga bridge on both sides of the track with only enough room for a 3m footpath at the edge will also be constructed. The proposed wall will be at the extreme edge of the Kenya Pipeline (KPC) reserve hence protecting both the KRC and KPC safety zone. 66 Final report of the Relocation Action Plan Review 2010

Detailed engineering summary description – Mukuru

Description- Mukuru Kilometric- Kilometric – Current RAP 2010 Remarks from (Km) to (Km) New FP and Wall to the 519,100 520,000 To the right there is a road to be Left and Right improved. It should be confirmed whether the road is planned by CCN and Ministry of Roads and Public Works. High tension cable to the right is 30m away from the centre line of the railway line. To the left there are Medium Tension Cables. Existing Culver at Km519.800 to the right Existing Foot bridge 520,000 520,000 Existing Foot bridge be improved New FP and Wall to the 520,000 521.850 Solution stops to the right at 521.850 at Right Cereals Silo and continues from 522.700 to 522.850 New Bridge 521.680 521.680 New Bridge be constructed at the Ngong River New FP and Wall to the 521.850 522,800 Existing factory walls be improved as Left the solution continues. To the right the 3mconcrete paving footpath,ground+2level traders stalls starts from 521.850 and stops at 522.800 New Bridge 522,700 522,700 Spans over the two rail lines. New FP and Existing 522.800 523.000 The foot path stops at 522.850 both Wall to the Left and sides of the rail. The existing walls past Right 522.850 be improved. New Concrete Wall to 523.000 525.500 The concrete wall be done up to the the Right Makadara station at Km 525.000 where it stops NewFP+3levels 525.000 527.750 The New footpath,3levels Relocations Relocations Units Units be done upto 527.750to the right +Wall, to the right side of the line

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9.6 COST ESTIMATES FOR KIBERA AND MUKURU

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MUKURU

69 Final report of the Relocation Action Plan Review COST 2010 MUKURU SAFETY OF THE CORRIDOR Concrete Dimension Costs (KES) Total Cost (KES)for the paving blocks ( Sq.m ) of Concrete FP+Channel Drains on Left and concrete paving blocks Right of Rail paving blocks concrete Foot paving blocks path+Channel footpath+ drains channel drains per Sq.m

13,000x3= 4,000 39,000x4,000=156,000,000.00 156,000,000.00 39,000 Concrete Wall Length of Cost(KES) of Total Cost (KES)for the Concrete 3m high Concrete Wall to the left and right of the Concrete Wall+Masonr rail Wall on one y infill per sides(Meters Meter ) 10,000 15,000 15,000x100,00=150,000,000.00 150,000,000.00

Steel Foot Total No. of Cost(KES) of Total Cost Of all Steel Foot Bridge Bridges each bridge Bridge

3 12,000,000.00 36,000,000.00 36,000,000.00

SUB-TOTAL 342,000,000.00

Mukuru Lunga Bridge-Likoni Bridge (KIBERA type solution applied) Total No. Relocation Costs (KES)Per Relocation Total Cost Relocation of Units in Units(Assuming that a (KES)of all Units Relocation Sq.m per Unit House cost 18,000Kshs/Sq.m) Relocation Units Units

1490 5x4=20 18,000x20=360,000 536,400,000.00

Total No. Traders Stall Costs (KES)Per Trader’s Total Cost Traders Stalls Of Traders in Stall(Assuming that a (KES) of all Stall Units Sq.m per Unit Stall cost 12,000Kshs/Sq.m) Traders Stall 1539 4x1.5=6.0 12,000x6.0=72,000.00 110,808,000.00

Total No. Of Staircase Costs (KES)Per Total Cost Staircase Staircases. in CM Staircase (Assuming that (KES)of all Vibrated RC Cost Staircases 10,000Kshs/CM)

180 3.665 3.665x10000=36,650.00 6,597,000.00 70 15,000,000.00 Services 668,805,000.00 SUB TOTAL TOTAL COST (Inclusive Of footpath, bridges) 860,805,000.00 Final report of the Relocation Action Plan Review 2010

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KIBERA PREFERRED OPTION AT ROWFinal -60Mreport of the Relocation Action Plan Review 2010 SAFETY OF THE CORRIDOR BUDGET ESTIMATE Dimension Costs (KES) Total Cost (KES)for the Concrete paving ( Sq.M ) of Concrete FP+Channel Drains on Left and blocks paving blocks Right of Rail Foot footpath+ path+Channel channel drains Drains per Sq.m

5300x2x3= 4,000 31,800x4,000=127,200,000.00 127,200,000 31,000 Length of Cost(KES) of Total Cost (KES)for the Concrete Wall 9m high Concrete Wall Concrete Wall to the left and Cost Concrete per Meter right of the rail Wall on one side(Meters) 10,600 30,975.00 328,335,000.00 328,335,000 Total No. of Cost(KES) of each bridge Total Cost Of Steel Foot Bridge Bridges all Steel Foot Bridge 3 12,000,000.00 36,000,000

SUB-TOTAL 491,535,000

RELOCATION UNITS AND SAFETY OF THE CORRIDOR BUDGET ESTIMATE Total No. Of Staircase Costs (KES)Per Total Cost Stair Cases Staircases. in CM Staircase (Assuming that (KES)of all Vibrated RC Cost Staircases 10,000Kshs/CM)

651 3.665 3.665x10000=36,650.00 23,866,480

Total No. Traders Stall Costs (KES)Per Trader’s Total Cost Traders Stalls of Traders in Stall(Assuming that a (KES) of all Stall Units Sq.M per Unit Stall cost 12,000Kshs/sq.m) Traders Stall 2904 4x1.5=6.0 12,000x6.0=72,000 209,088,000

Total No. Toilet s block Costs (KES)Per Toilet s block Toilets Of Traders per Sq.m (Assuming that a Stall Toilets Toilet s blocks for gents & 15,000Kshs/sq.m) ladies 45 20 15,000x20=300,000.00 13,500,000 Total No. Relocation Costs (KES)Per Relocation Total Cost Relocation Units Of Units in Units(Assuming that a (KES)of all Relocation Sq.M per Unit House cost 18,000Kshs/sq.m) Relocation 72 Units Units

3192 5x4=20 18,000x20=360,000 1,149,120,000

280 10x4=40 12,000x40=480,000 134,400,000 Final report of the Relocation Action Plan Review 2010

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74 KIBERASAFETY OFALTERNATIVE THE CORRIDOR OPTION BUDGET AT ESTIMATEROW -42M COST Dimension Costs (KES) Total Cost (KES)for the ConcreteSAFETY OF THE( Sq.m CORRIDOR ) ofBUDGET ConcreteFinal ESTIMATE reportFP+Channel of the Relocation Drains on Action Left andPlan Review 2010 paving blocks Dimension pavingCosts blocks(KES) RightTotal of RailCost (KES)for the Concrete Foot ( Sq.m ) footpath+of Concrete FP+Channel Drains on Left and paving blocks path+Channe channelpaving blocksdrains Right of Rail Foot l perfootpath+ path+Channe Drains Sq.mchannel drains l per Drains Sq.m 5300x2x3= 4,000 31,800x4,000=127,200,000.00 127,200,000 31,000 Length5300x2x3= of Cost(KES)4,000 of Total31,800x4,000=127,200,000.00 Cost (KES)for the 127,200,000 Concrete 6m31,000 & 3m Concrete Wall Concrete Wall to the left and Wall Cost highLength of perCost(KES) Meter of rightTotal of the Cost rail (KES)for the Concrete Concrete9m & 6m Concrete Wall Concrete Wall to the left and Wall Cost Wallhigh (for per Meter right of the rail 3.4kmConcrete & 1.9 KmWall (for 2.7 respectively)km & on2.6Km one side(Meters)respectively) 6,800on one 20,650.00 140,420,000 140,420,000 side(Meters) 5,4003,800 30,975.0010,325.00 167,265,000.0039,235,000 39,235,000167,265,000

5,200Total No. of 20,650.00 Cost(KES)161,090,000.00 of each bridge Total 136,290,000 Cost Of Steel Foot Bridges all Steel Foot Bridge Total No. of Cost(KES) of each bridge BridgeTotal Cost Of Steel Foot 3Bridges 12,000,000.00 all36,000,000 Steel Foot Bridge Bridge 3 12,000,000.00 342,855,00036,000,000 SUB-TOTAL 466,755,000 SUB-TOTALRELOCATION UNITS AND SAFETY OF THE CORRIDOR BUDGET ESTIMATE Total No. Of Staircase Costs (KES)Per Total Cost StairRELOCATION Cases UNITSStaircases. AND SAFETYin CM OF THE StaircaseCORRIDOR BUDGET(Assuming ESTIMATE that (KES)of all Total No. Of Staircase VibratedCosts (KES)Per RC Cost StaircasesTotal Cost Stair Cases Staircases. in CM 10,000Kshs/CM)Staircase (Assuming that (KES)of all Vibrated RC Cost Staircases 252 3.665 10,000Kshs/CM) 3.665x10000=36,650.00 9,235,800

505Total No. Traders 3.665 Stall Costs 3.665x10000=36,650.00 (KES)Per Trader’s Total 18,508,250 Cost Traders of Traders in Stall(Assuming that a (KES) of all Stalls StallTotal Units No. Sq.mTraders per UnitStall StallCosts cost 15,000Kshs/sq.m)(KES)Per Trader’s TradersTotal Cost Stall Traders 1728of Traders in4x1.5=6.0 Stall(Assuming15,000x4.5=67500 that a (KES) 116,640,000 of all Stalls Stall Units Sq.m per Unit Stall cost 15,000Kshs/sq.m) Traders Stall 2160Total No. Toilet4x1.5=6.0 s block Costs15,000x4.5=67500 (KES)Per Toilet s block 145,800,000 Toilets Of Traders per Sq.m (Assuming that a StallTotal No.Toilets Toilet s block ToiletCosts (KES)Pers blocks Toilet s block Toilets forof gentsTraders and per Sq.m 15,000Kshs/sq.m)(Assuming that a ladiesStall Toilets Toilet s blocks 45for gents & 20 15,000Kshs/sq.m)15,000x20=300,000.00 13,500,000 ladies 75 45Total No. 20Relocation Costs15,000x20=300,000.00 (KES)Per Relocation Total13,500,000 Cost Relocation of Units in Units(Assuming that a (KES)of all Units RelocationTotal No. RelocationSq.m per Unit CostsHouse (KES)Per cost 18,000Kshs/sq.m) Relocation RelocationTotal Cost Relocation Unitsof Units in Units(Assuming that a Units(KES)of all Units Relocation Sq.m per Unit House cost 18,000Kshs/sq.m) Relocation Final report of the Relocation Action Plan Review 2010

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Comparison of Different Right of Way Options

NUMBER OF BENEFICIARIES Cost of Cost of safety Cost of relocation Disadvantag measure relocation per PAP Corridor Features es R B I (Kshs.) (Kshs.) Total (Kshs.) (Kshs.) 6M high wall for No adequate 5.3Km space for 1 30M (G+1) expansion 1520 853 156 352,855,000 719,560,800 1,072,415,800 303,228 9m high wall, drain and (3) No adequate footbridges space for 1,065,013,25 2 42M (G+1) expansion. 2400 1600 232 466,755,000 0 1,531,768,250 266,253 9m high wall, drain and (3) footbridges 1,394,543,80 3 60M (G+2) 3399 3420 271 491,535 0 1,395,035,515 196,760

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10. IMPLEMENTATION SCHEDULE 10.1 Kibera Phase Implementation Phase 1 The area along the Kenya Medical Research institute (KEMRI) boundary wall, kilometre reading 534/600-535/250 on the right was identified as the area to start phase one of the construction. This is illustrated in Annex C3. The Kenya Medical Research Institute (KEMRI) wall is inside the 30 metre railway reserve on the right thus allowing the construction of the foot path, drain and relocation units to take place on the inside without affecting/relocating/disturbing the PAPs located between 534/600-535/250. Construction will be done along kilometre reading 534,600-535,250 to the right inside the Kenya Medical Research Institute (KEMRI). After completion the PAPs on the right along the kilometre reading 535,250- 535,800 will be moved to occupy the completed structures.

Phase 2 Having relocated PAPs between kilometre reading 535,250-535,800 to complete Phase 1, there are clear space between kilometre reading 535,250-535,800 to the right where construction of phase 2 will begin along kilometre 535,250-535,800 to the right Phase 3 Construction will be done between kilometres reading 535,250-535,800 to the left. The area will be clear as the PAPs in that area will have been relocated to the temporary structures on the reserve between kilometres reading 535,250-535,800. Phase 4 Construction will be done between kilometres reading 534,600-535,250 to the left. PAPs along that area will be relocated to temporary relocation sites identified nearby to pave way for construction between kilometre readings 534,600-535,250. At km534.900 to 535,000 to the left of the rail line, there is an existing road and footpath done by the Ministry of Roads and Public Works. At this point the road reserve and the rail reserve overlap. Since there is an existing footpath, only the traders’ stall+2storey relocation and wall will be done. To the right the new 3.0m concrete paving concrete paving blocks footpath traders’ stalls+2storey relocation and wall continues. Phase 5 Construction of the foot path, drain, stalls and relocation units will be done between kilometres reading 535,800-536,700 to the right. PAPs along this stretch will have been relocated to the completed units between kilometres reading 535,250-535,800 to the right. Phase 6 Construction will take place between kilometres reading 535,800-536,700 to the left. PAPs along this stretch will be relocated to the completed units between kilometres reading 535,250-535,800 to the left. Phase 7 This will take place between kilometres reading 536,300-536,500 to the right along the Golf Club. The Golf Club wall is in the railway reserve thus allowing adoption of the same implementation strategy that is being used for Phase 1. PAPs along this area will be relocated to the completed structures along 535,800-536/700 to the right.

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Phase Implementation Phase 8 Construction will take place between kilometres reading 536,300-536,500 to the left. PAPs along this area will be relocated to the completed units along kilometre 535,800-536,700 to the left. Phase 9 Construction will take place between kilometres reading 536,500-537,000 to the right. PAPs along this area will be relocated to the completed units along kilometre reading 536/300-536/500 to the right. Phase 10 Construction will take place between kilometres reading 536,500-537,000 to the left. PAPs along this area will be relocated to the completed units along kilometre 536,300-536,500 to the left. Phase 11 Construction will take place between kilometres reading 537,000-537,500 to the right. PAPs along that area will be relocated to the completed units along kilometre reading 536,500-537,000 to the right. Phase 12 Construction will take place between kilometres reading 537,000-537,500 to the left. PAPs along this area will be relocated to the completed units along kilometre reading 536,500-537,000 to the left. Phase 13 Construction will take place between kilometres reading 537,500-538,000 to the right. PAPs along this area will be relocated to the completed units along kilometre reading 537,000-537,500 to the right. Phase 14 Construction will take place between kilometres reading 537,500-538,000 to the left. PAPs along this area will be relocated to the completed units along kilometre reading 537,000-537,500 to the left. Phase 15 Construction will take place between kilometres reading 538,000-538,850 to the right. PAPs along this area will be relocated to the completed units along kilometre reading 537,500-538,000 to the right. Phase 16 Construction will take place between kilometres reading 538,000-538,850 to the left. PAPs along this area will be relocated to the completed units along kilometre reading 537,500-538,000 to the left. Phase 17 Construction will take place between kilometres reading 538,850-539,900 to the right. PAPs along this area will be relocated to the completed units along kilometre reading 538,000-538,850 to the right.

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10.2 Mukuru The Mukuru area covers a distance of 8.4kilometres between kilometre readings Km.519.100 – Km. 527.750

In Mukuru relocation of PAPs will be permanent. This is due to the presence of the Kenya Power and Lighting Company high tension cables, the Kenya Pipeline way leave and the railway line running parallel to each other, all three of them requiring a reserve of 30 meters on each side.

These reserves overlap each other thus making it impossible to construct relocation units and stalls there. However, a perimeter wall on both sides of the reserve, a foot path and drains will be constructed.

The Advisor has recommended the relocation of PAPs in Mukuru to relocation units along the RoW between the Lunga Lunga and Likoni Bridges, and construction of the relocation units must precede the relocation from the reserve.

Phase Implementation Phase Construction of the foot path, drain and wall will be done at a distance of about 1.4 1 kilometres between kilometre reading 519.100-520.500 to the right and left. There are no obstructions along this area.

Phase Construction of the New footpath, drain, 3levels Relocations Units continues from 525.000 2 upto 526.500 continues without any hindrance. The PAPs between kilometres reading 520.500- 521.500 are relocated to the constructed units as construction of 3m high wall between kilometre reading 520.500-521.500 is done. Phase Construction of the New footpath, drain, 3levels Relocations Units continues from 526.500 3 upto 527.500 continues to the right .Has the PAPs between kilometre reading 521.500 -522.850 are relocated to the constructed units. Phase From kilometre reading 520.000-521.850, the foot path, drain and wall will be 4 constructed on the left and right side of the railway without any obstruction since the PAPs have been relocated to Km 525.000- 527.750 to the right. Phase Construction of the foot path, drain and 3levels traders stall continues from 521.850 upto 5 522.800 to the right has the 3m High wall continues to the left. Phase Construction of the footpath, drain and wall, continues on both sides from 522.800to Km 6 523.000 at the Lunga Lunga road bridge. Phase From 522.300 to 525.500 to the right the construction of the 3m high wall is done 7 without hindrance up to the Makadara railway Station.

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10.3 Implementation Timelines The following are the tentative timelines for the implementation of the RAP. Given the urgency with which KRC wishes to carry out the relocation so as to embark on its projects on the cleared reserve, it is proposed that, in order to gain time, KRC should engage more than one Contractor encourage the Contractor to sub-contract different sites.

General Items

Item Description Duration Commencement Completion date date Disclosure of eligibility lists 1 2 weeks Complete in Mukuru. Disclosure of eligibility lists 2 3 Weeks Complete in Kibera. Submission and Approval of 3 3Weeks 27th Sept. 2010 15thOct. 2010 the RAP Submission and Approval of 4 3 Weeks 27thSept. 2010 15thOct. 2010 Detailed design quotation Setting up the Project Implementation Unit and 5 2.5 Months 16th Oct. 2010 30thDec. 2010 appointment of support agencies Appointment of grievance 6 1.5Months 16th Oct. 2010 30thNov. 2010 redress of committees Issue of identity cards in Complete 7 2 months both Kibera and Mukuru. 8 Disclosure of RAP 0.5 Month 30th Nov. 2010 15th Dec 2010 Appointment of 9 2 Months 1st Nov. 2010 30thDec. 2010 Independent Monitor

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Construction Timelines for Mukuru and Kibera

Item Description Duration Commencement Completion date date Procurement of 1 3 Weeks 27th Sep. 2010 15th Oct. 2010 Design Consultant Detailed design and 2 preparation of bid 6 Weeks 16thOct. 2010 30th Nov. 2010 documents Procurement of 3 contractor & award of 2 Months 1st Dec. 2010 30th Jan. 2011 contract Construction phase/ 5 24 Months 1st March 2011 1st March 2013 relocation Continuous Signing of lease as phased 6 1st June. 2011 30th Aug. 2013 agreement constructio n goes on. Relocation & Defect 7 6 Months 1st March 2013 30thAug. 2013 Liability period

10.4 Implementation Challenges Some of the major challenges of implementing the RAP project are: • The schools that are on the reserve that are going to be removed; • Political interests

10.5 Potential Risks to Implementation The Advisor has identified several potential risks to the successful implementation of the project. x Powerful asset owners on the reserve. Those with multiple structures on the reserve may reject compensation in kind as proposed by the Advisor in which each PAP receives only one structure. Some may insist on compensation on the basis of the number of units they own. x Verification being used to alter names of tenants to structure owners’ children as a result of interpretation of the proposed designs. The danger here is that once the community understands the proposed design and the proposal that one person is entitled to one structure, structure owners may seek to displace tenants and replace them with their children. x Joint partners of a single business premises were enumerated as one PAP. The Advisor did not seek to enter into the internal arrangements between such PAPs. Such PAPs may want to demand that they are treated as individual PAPs.

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x Tenants holding themselves out as structure owners, this may pose a problem at the implementation stage. It is possible that some tenants held themselves out as structure owners and refused to disclose the details of the structure owners. x Government failure to follow through on the process at all or in good time. This may have very negative consequences not only on the implementation of this particular project but in the long term as communities are likely to doubt the usefulness of engaging in processes that never result in real change. x The filing of constitutional references by structure owners against the taking of their structures without adequate compensation. In the KENSUP Programme in Kibera, 83 structure owners have filed a petition in the High Court in Nairobi HCCC No. 498 of 2009 Joseph Mwaura and 82 others versus the Hon Attorney General, the Minister for Lands and the Commissioner for Lands, opposing the KENSUP programme on the grounds that the proposed relocation amounts to a contravention of their fundamental rights and freedoms under the Constitution. Such a suit, if successful, can impede the implementation of the entire RAP. x Political/ethnic divisions especially as the General Elections of 2012 approach may radically change the situation on the ground and bring in hostilities that would impact negatively on the project

Potential Risk Mitigation Potential Risks Mitigation Measures Powerful asset owners on Consistency on the agreed eligibility criteria at the implementation the reserve stage and at both community and high level grievances procedures will help in managing expectations. Verification being used Facts as at the cut-off date will prevail, but the grievance to alter names of tenants committees can address a genuine misrepresentation based on the to structure owners’ facts on the ground at the time. children as a result of interpretation of the proposed designs. Joint partners of a single The joint partners will be required to continue operating as they business premises were have always operated before the cut-off date enumerated as one PAP Tenants holding Facts as at the cut-off date will prevail, but the grievance themselves out as committees can address a genuine misrepresentation based on the structure owners facts on the ground at the time. Government failure to It is proposed that upon approval of the RAP, the Client to follow through on the immediately appoint a consultant for the detailed design work. process at all or in good time Filing of constitutional It is proposed that the government moves with speed to formulate references a policy framework on the eligibility criteria for relocation of multiple structure owners occupying public land. Political/ethnic divisions The Ministry to directly engage the top political leadership within Kibera and Mukuru to get a formal buy-in of the process.

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11. MONITORING AND EVALUATION

11.1 Monitoring In section 21, the OP 4.12 calls for arrangements by the implementing agency (in the case of this project the KR) to monitor the relocation activities. This monitoring by the KR should be supplemented by an independent monitor as considered appropriate by the Bank to ensure complete and objective information. The monitor should not be in conflict of interest and can therefore not be hired from the organisation that supports RAP’s implementation. The position should be advertised along with the job description and minimum requirements. The purpose of this monitoring is to provide the Client with feedback on RAP implementation and to identify problems and successes as early as possible to allow timely adjustment of implementation arrangements.

The major monitoring tasks are: • Formulating performance monitoring indicators to measure inputs, outputs and outcomes of relocation activities; • Involvement of the affected PAPs in the monitoring process (participatory monitoring); • Evaluation of the impact and relocation for a reasonable period after the completion of all activities; and • Using the results to guide other relocations and resettlements.

11.2 Elements of a Monitoring Plan The three elements of the proposed monitoring plan are: • Performance monitoring; • Impact monitoring; and • Evaluation.

The performance and impact monitoring will, amongst other things, look into the following basic areas of the project:

• The completeness and comprehensiveness of the RAP; • The physical implementation of construction works in terms of quantity, timeliness and the quality of work done; • The effectiveness of the communication strategies implemented, and the levels of knowledge, acceptance and buy-in by the PAPs, relevant government ministries and civil society organizations working in the urban sector; • The timeliness and effectiveness of PAP consultations, consensus building on key issues and the smooth and timely implementation of relocation decisions reached with the PAPs and other key stakeholders; • The expeditious resolution of grievances raised in accordance with the basic principles of natural justice.

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Performance Monitoring This is an internal management function allowing the Client, the KR and the Implementing Unit to measure physical progress against planned results and related activities against targets.

11.2.1 Impact Monitoring

Impact monitoring gauges the effectiveness of the RAP and its implementation in meeting the needs of the affected PAPs. The purpose is to provide the KR and other stakeholders responsible for the RAP with an assessment of the effects of resettlement, to verify internal performance monitoring, and to identify adjustments in the implementation of the RAP as required. Affected PAPs should be included as much as possible in all phases of impact monitoring.

Impact monitoring will use both qualitative and quantitative indicators. • Verification of internal RAP implementation reports (have PAPs been allocated economically equivalent spots, support provided to vulnerable groups, infrastructure repair, relocation and replacement, preparation and adequacy of business stalls and relocation units etc.); • Interviews with a random sample of PAPs in open-ended discussions to assess their knowledge and concerns regarding the relocation process, their entitlements and rehabilitation measures; • Observe public consultation with the affected PAPs at the segment level; • Observe the function of the relocation operation at all levels to assess its effectiveness and compliance with the RAP; • Check the type of grievance issues and the functioning of grievance redress mechanisms by reviewing the processing of appeals at all levels and interviewing aggrieved PAPs; • Survey the standard of living of the affected PAPs before and after relocation; establish whether the standards of living have been maintained or improved; and • Advise the KR Project Manager regarding necessary improvements in the implementation of RAP, if any.

11.2.2 Evaluation Evaluation will provide an assessment whether the outcome of the RAP complies with the OP 4.12. The main objective is to determine whether the Client’s objective to create a safe operating corridor for the railway while maintaining or improving the living standards of the affected PAPs have been properly conceived and executed.

The evaluation shall verify that all the physical inputs committed to the RAP have been delivered, and all services provided. In addition, the evaluation should establish whether the mitigation actions prescribed in the RAP had the desired effect.

In relation to the relocation of the PAPS the evaluation in reaching its conclusion, shall, among other things, take into account: • Quality of housing in relation to size, water supply, sanitation facilities, access to electricity.

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• Improved or decreased access to social services such as churches, social halls, public toilets, infrastructure and municipal services such as garbage collection and street lighting; • Improved or decreased pre relocation and post relocation incomes and standards of living of the PAPs; • Higher or lower access to education; • Higher or lower access to health care; • Improvement or deterioration in the quality of education; • Improvement or deterioration in the quality of psycho social support services in education; • Improvement or deterioration in levels of health care; • improvement or deterioration of the physical environment of the project area; • the weakening or strengthening of community and family ties; • The general security or insecurity in the area.

The evaluation will be undertaken after all RAP inputs - including flexible engineering solutions - have been completed, but well before financial commitments have been met to allow for corrective action.

11.2.3 RAP Monitoring Plan This plan has been adapted from the IFC Handbook for Preparing a Resettlement Action Plan.

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Table 15.1 RAP Monitoring! PI, Component Type of Information/data Source of Responsibil Frequency/Au Activity collected information/data ity for Data dience of collection collection, Reporting measures Analysis and Reporting Performance Measurement of input Quarterly KR Semi Annual monitoring indicators against narrative Relocation proposed implementation Manager schedule and budget including procurement and physical delivery of goods, structures and services Impact Tracking effectiveness of Quarterly KR Semi annual monitoring inputs against baseline quantitative and Relocation indicators qualitative Manager Assessment of PAP surveys satisfaction with inputs Regular public meetings and other consultation with people affected by the project, review of grievance mechanism outputs Evaluation Measurement of output Assessment report Contracted On completion indicators such as income based on external of RAP levels livelihood performance and evaluation implementation restoration, availability of impact agency schedule shelter replacement of monitoring infrastructure affected by reports, the project independent surveys and consultations with affected PAPs

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12. RECOMMENDATIONS

12.1 Kibera In this report, the Advisor has set out in detail the social and technical solutions for securing 20 meters of the railway reserve on each side of the track for railway operations, safety and future expansion of the line. The RAP has further proposed the use of the remaining 10 meters on each side of the reserve for the resettlement of PAPs currently occupying the reserve. The RAP also describes the re-direction of human traffic from the railway track to a footpath within the 10 meter relocation corridor. The main recommendations are as follows:

• The Perimeter Wall –The RAP proposes and provides designs for the construction of a reinforced masonry wall on either side of the line running parallel to the track. The wall will secure the railway reserve from encroachment following the relocation of the PAP population currently in occupation of the reserve. The 9-metre high wall will be located 20 to 25 meters away from the centerline of the railway track depending on local conditions. A series of overpasses are proposed to provide access in and out of the settlement. • The Footpath - A paved 3-meter wide, well-drained pedestrian pathway, running on one or both sides of the track (depending on local needs and conditions) to accommodate current pedestrian traffic. This paved footpath is designed to provide an uninhibited and direct routing intended to induce pedestrians to use it under all weather and density conditions. The footpath will also serve as an emergency rescue route particularly in case of fire. • Footbridges: In order to ease traverse across the railway reserve three 3 overhead footbridges have been proposed at strategic locations. The will ensure the entire settlement has access to services on both sides. • Relocation Facilities - The RAP proposes the development of three (3) levels of building facilities against the wall. These units will be built against the perimeter wall, which will form the back side of the facilities. The facilities will be used for relocation of the PAPs who will in-return form a good buffer to the wall against vandalism and misuse. The units and the footpath will occupy no more than 10 meters of the railway reserve. • The RAP further proposes the establishment of covered trading sheds on the opposite side of the footpath as alternative trading spaces for all current/mobile vendors’ tables and stalls, within their own present villages. If however required to move, then in so far as possible within 500 meters of their present locations, and with at least the same access to the proposed footpath (whether directly abutting the walkway or a row or two behind those directly on the (“front”). The constructed residential and business facilities shall be permanent and shall be of a quality that ensures an acceptable standard of living. They shall be provided with adequate infrastructure and services such as water, sanitation, drainage and electricity wiring. • The terms and conditions of access to the facilities shall be negotiated and agreed between KRC and the affected persons who will occupy them, but it is recommended that the lease terms for the residential and business relocation units should be for terms of 45 years at nominal rents.

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The RAP also recommends other environmentally friendly measures like green development (trees, flowers and grass planting) and passive measures (like signage) or active construction to secure the reserve and ensure a corridor for the trains to pass with substantially reduced human traffic and increased compliance with speed, warning and signaling regulations. This would be undertaken by the railway operator (Rift Valley Railway).

12.2 Mukuru

The mapping process in Mukuru established that part of the railway reserve within the Mukuru area is shared with Kenya Pipeline Company (KPC) on one side and Kenya Power & Lighting Company (KPLC) on the other side. This makes it impossible to accommodate the provision of habitable relocation facilities within the same railway reserve as proposed in Kibera.

12.2.1 Lunga Lunga-Likoni Bridge Option

While three options were considered for relocation of the Mukuru PAPs, the one found most viable and therefore recommended was relocation of all the Mukuru PAPs to part of KRC’s RoW situated between Lunga Lunga Bridge and Likoni Bridge. This option would entail the construction of a 9 metre concrete wall with relocation facilities on three levels on one side of the railway track. The PAPs relocated to the facilities along the 9m wall will form a buffer for the wall against vandalism and misuse.

To control future encroachment and divert human traffic away from the railway line, construction of a paved footpath on both sides of the track stretching from Km 519/2 to Km 522/9 and three (3) footbridges are recommended. A 3 metres high free standing wall (without reloction units) running through from Km 519/2 (Mombasa road Bridge) to Lunga Lunga bridge on both sides of the track with only enough room for a 3m footpath at the edge will also be constructed. The proposed wall will be at the extreme edge of the Kenya Pipeline (KPC) reserve hence protecting both the KRC and KPC safety zone.

12.3 Solutions for Institutions

Schools To address the problem of the informal school going children, the Advisor makes the following recommendations:

• Infill: Some of the public schools may be able to accommodate additional pupils within some of the classes. It is thus recommended that pupils be accommodated within these existing facilities. However, this will stretch the capacity of the existing schools in areas of furniture and teaching materials. Some of the schools such as Mukuru Kwa Njenga Primary school and Kibera Primary School will need an improvement of their water supply and paving if they are to take on this additional load. While the project can spare some funds for the furniture and other improvements, it is important that the Ministry of Education is approached for additional teaching staff from the Teachers Service Commission. The cost of furniture and basic improvement is estimated at 25 million Kenya Shillings. 89 Final report of the Relocation Action Plan Review 2010

• Support from Ministry of Education: Within the public schools in the immediate vicinity of the railway reserve, there are empty classes yet the children and their parents prefer the informal schools. There is a need for a detailed analysis by the Ministry of Education and probable civic education to parents to help in attitude change towards public schools. • Daycare: It is of great concern to parent that small children should not be very far from their home for security reason. It is recommended that daycare and nursery schools identified be provided with a slightly bigger space along the wall, covering 3-4 normal business stalls.

Due to the need for additional requirements of teaching staff the proposal may take some time to actualize. Consequently, the project may be forced to make provision for initial funding for engagement of teaching staff for a period of time. It is recommended that the Client (MOT) works with the Ministry of Education for the best solution on the challenges of schools.

Other Institutions

All the other institutions identified that included Churches, clinics, public utilities etc will be accommodated as part of other facilities along the wall.

12.4 Project Administration and Professional Services Following the preliminary design it is recommended that the detailed design be undertaken urgently to enable the full implementation. Due to the dynamic nature of slums in Kenya and the high demand for housing and business facilities, a delay beyond twelve (12) months may result in a radically altered situation. It is also recommended that an Independent Monitor be engaged to undertake a RAP completion Audit. For the smooth implementation of the project an effective institutional arrangement should be in place. Over and above the existing Client structure, there is need for a Resettlement Committee comprising KRC, the Relocation Advisor and PAPs Representative for an effective grievance mechanism process as described in clause 8.5. For the best co-ordination at implementation stage a resettlement committee comprising technical and social and communication experts as described in Chapter 8 is recommended.

12.5 Eviction Policy In view of the current court matter between the Government (KENSUP) and multiple structure owners in Kibera, it is prudent that the government formulates a policy framework on the eligibility criteria for relocation of multiple structure owners occupying public land. This will guide the courts and facilitate faster judgment and avoid unnecessary delay in implementation of RAP projects and other slum upgrading related projects.

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12.6 Advertisement Revenue In both Kibera and Mukuru, there will be over 10 kilometers of flat wall with great potential for advertisements by outdoor advertising companies. This can be used to generate additional revenue for Kenya Railways particularly when the commuter services are improved. Advice was sought and given, by the City Council, on the viability of using advertising revenue from advertisements posted on the inner walls of the railway reserve. The income from these advertisements could be used for providing maintenance of the footpaths and all public utilities developed. These revenues could also be used for providing security to guard against future encroachments. The Council indicated that such a proposal was viable and suggested that discreet signage on the stalls could also be developed as a further source of income. The institutional arrangements that would support this proposal would however need to be agreed upon as the Council indicated that it is, under the Physical Planning Act, entitled to all advertisement revenues within the City.

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The table below summarizes the cost estimates for the entire RAP

Item Location Description Estimated Amount (RoE =79) (KES) (USD) 1 Kibera Engineering Solution covering: 1. Boundary wall 2. Proposed business stall and residential units along the wall 3. Paved footpath on both sides 1,708,174,480 21,622,462 4. Water supply and wastewater disposal system 5. Footbridges 6. Drainage works along the wall 2 Mukuru Engineering Solution covering: 1. Boundary wall 2. Proposed business stall and residential units along the wall 10,896,266 3. Paved footpath on both sides 860,805,000.00 4. Water supply and wastewater disposal system 5. Footbridges 6. Drainage works along the wall 3 Schools Provision of schools improvement 506,329 support to accommodate the affected 40,000,000 students Administr Consultant’s fee and Clients project ative & management costs covering: Profession a) Detailed design fee and al construction supervision costs Services b) Engagement of Independent 200,000,000 2,531,646 Monitor c) Cost associated with grievance redress mechanism process d) Communication expert Sub- 2,808,979,480 35,556,702 Total Contingencies – 10% 280,897,948 3,555,670

TOTAL 3,089,877,428 39,112,373

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CONCLUSION It is the Advisor’s view that the RAP as proposed is a viable project that can be successfully implemented. However, there is a need for expediency so that the confidence of the PAPs is maintained and the consensus already reached between the stakeholders is not eroded. The procurement of technical services especially for the preparation of detailed designs, the approval and securing of further financing and the eventual procurement of construction services should thus be undertaken with alacrity.

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ANNEXURES 1. Enumerations

Institutional PAPs • Kianda Ist 1001

• Soweto Ist 1002

• Gatwekera Ist 1003

• Mashimono Ist 1004

• Kisumu ndogo Ist 1005

• Laini saba Ist 1006

Business PAPS • Gatwekera B1001

• Soweto East B1002

• Kianda B1003

• Kisumu ndogo B1004

• Mashimoni B1005

• Mukuru kwa Ruben B1006

• Mukuru sinai B1007

• Laini saba B1008

Residential PAPs • Kisumu ndogo R1001

• Laini saba R1002

• Mashimoni R1003

• Soweto East R1004

• Gatwekera R1005

• Kwa Ruben R1006

• Mukuru sinai R1007 94 Final report of the Relocation Action Plan Review 2010

List of grievances Soft Copies • Kibera photo card I

• Kibera photo card II

• Mukuru photo card I

• RAP Enumerations

• List of grievances

2. RAP GIS Maps

Mukuru • Map No. RAP M 001

• Map No. RAP M 002

• Map No. RAP M 003

• Map No. RAP M 004

• Map No. RAP M 005

• Map No. RAP M 006

• Map No. RAP M 007

• Map No. RAP M 008

• Map No. RAP M 009

• Map No. RAP M 010

• Map No. RAP M 011

• Map No. RAP M 012

• Map No. RAP M 013

• Map No. RAP M 014

• Map No. RAP M 015

• Map No. RAP M 016 95 Final report of the Relocation Action Plan Review 2010

• Map No. RAP M 017

Kibera Kianda • Map No. KK 001

• Map No. KK 002

• Map No. KK 003

• Map No. KK 004

• Map No. KK 005

• Map No. KK 006

• Map No. KK 007

• Map No. KK 008

Kisumu ndogo

• Map No. KKN 001

• Map No. KKN 002

• Map No. KKN 003

Gatwekera • Map No. KG 001

• Map No. KG 002

• Map No. KG 003

Mashimoni • Map No. KM 001

• Map No. KM 002

96 Final report of the Relocation Action Plan Review 2010

• Map No. KM 003

• Map No. KM 004

Laini saba • Map No. KLS 001

• Map No. KLS 002

• Map No. KSL 003

• Map No. KLS 004 Soweto East • Map No. KSE 001

• Map No. KSE 002

• Map No. KSE 003

• Map No. KSE 004

• Map No. KSE 005

• Map No. KSE 006

• Map No. KSE 007

• Map No. KSE 008 Soft copy • RAP final map 2010

3. Drawings • Kibera existing structures and solutions

• Mukuru existing structures and solutions

Soft Copy

• CD RAP Drawings 2010

Minutes of meetings

Minute’s log

97