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 _ 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 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 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 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 3 5.2.1 Solutions Pertaining to Schools 5.2.2 Solutions Pertaining to Mukuru Residential PAPs 5.2.3 Solutions for Maintenance 11.2.1 Impact Monitoring 11.2.2 Evaluation 11.2.3 RAP Monitoring Plan 12.2.1 Lunga Lunga-Likoni Bridge Option 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.