ANNEX 2 RESETTLEMENT ACTION PLAN SUMMARY Project Title: Multinational Uganda-Kenya (Kapchorwa-Suam-Endebess-Kitale – Eldoret) : Eldoret Bypass Section Project Number: P-Z1-DBOO-107 Country: Kenya Department: OITC Division: OITC.2 Project Category: 1 1 Project Description The project is situated in the County of Uasin Gishu and to the west of the boundaries of Municipal Council of Eldoret. The road project is proposed to start at Cheplaskei; approximately 13km from the centre of Eldoret Town and follow a north-westerly direction traversing the Eldoret-Kapsabet- Kisumu Road at Kapsaret. The proposed alignment crosses D288 and continues on the general alignment, linking again with the Eldoret-Malaba Road (A104) at Maili Tisa near the junction to Kitale. Uasin Gishu County occupies an area of 3,345.2km2 and its main administrative centre is Eldoret Town. The County has three constituencies which include Eldoret East (Hospital Kapsoya and Kimumu/Sergoit), Eldoret North (Huruma, Kamukunji, Kapyemit, Kidiwa, Kapsoya, Stadium, Industrial market) and Eldoret South (Kipkenyo, Langas, Pioneer, Elgon View, and Race Course) constituencies. Eldoret Municipality that is the expanded area of Eldoret Town, is approximately 147 Km2 located in Uasin Gishu County in the western highlands of the Rift Valley region. 2 Potential Impacts The proposed road alignment is a new road and traverses farmlands. It is estimated that 326 land parcels will be affected by acquisition for new the road reserve of 80 m. The land to be acquired for the whole project that includes the ROW and land for road side amenities amounts to 250.54ha. Out of the 326 land parcels affected, 43 (spread along the corridor) are fully affected by the proposed corridor and the owners will require to find alternative land. The remaining 283 land parcels are partially affected and owners can reestablish within their remaining piece of land. Out of the 326 parcels of land to be affected by compulsory acquisition, 576 assets claimants (PAPs) have been identified in the assets inventory exercise that was carried out concurrently with the household survey. These assets range from vacant land, residential houses, domestic out-buildings including stores, cattle sheds and pit latrines and trees. Categories of structures affected Residential Houses 322 Business premises 12 Churches (2 completely affected and 9 are 11 partially affected) Public institutions (New Administration 2 offices at Kapseret fully affects) /Schools Total 347 Categories of building materials for affected structures Type of building material No. of the affected structures Iron sheets roofing and mud walls 332 Grass thatched and mud walls 14 Other roofing materials 2 Types of asset affected Type of Asset Total number affected Toilets 179 Wells 166 Fruit trees 4,666 Indigenous trees 106,383 Commercial trees (grevillea, wattle, 1,245,656 eucalyptus, etc.) Greenhouses 13 Total 1,357,063 Source: Assets Inventory and Household Survey (2014) Loss of Social Facilities: There are some social facilities that will be affected along the proposed road corridor. These include among others two (2) church buildings, one (1) school (one class room and a temporary office block) and a proposed office block for administration offices. Any public facility that will be displaced will be restituted before removal or compensation will be paid to the developers as determined by the National Land Commission and the rules governing such compensation. Cultural Resources: The proposed road corridor affects some (37) private graves in various homesteads and also passes through one (1) site where the rite of passage (circumcision) ceremonies are held at River Sosian. There are no public burial sites along the corridor but in some homesteads, there are multiple graves. There are no common grazing areas as each farmer manages his/her livestock within his farm. However, cattle dips along the road are partially affected both in space and accessibility. The design has provided for safe access by providing cattle crossings at convenient locations relative to the facility. Consultation were held with the Kalenjin Counsel of Elders to seek their opinion on relocation of cultural sites (graves and circumcision sites). The community counsel of elders accepted to relocate these sites and indicated that they will need to undertake traditional ceremonies prior to relocation. 3 Organization Responsibility A number of public institutions, in addition to KeNHA, will be involved in the RAP implementation at different levels. Kenya National Highways Authority (KeNHA) - The Project Executing Agency: • Will be responsible for Land Acquisition and releasing the road corridor to Contractor • Ensuring that resettlement is done in accordance with the RAP. • Coordination of resettlement issues with other agencies • Facilitate the grievance redress process as secretariat • Monitoring and Evaluation of the social mitigation activities and implementation progress. Project Implementation Team: A project implementation team comprising of senior managers within KeNHA will be established to steer and co-ordinate the project and headed by a Director. The Project Engineer will be overall responsible for the project implementation of the RAP and will provide necessary assistance for successful implementation of the social safeguards. The various staff in the PIT will:- • Provide training on social safeguard issues • Conduct public awareness and consultations • Training of the various stakeholders • Coordinate matters with other agencies on matters pertaining to social safeguards • Monitoring and Evaluation of social safeguard matters of the project and • Supervise implementation of the grievance redress committee decisions. Office of the County Commissioner: Officers of the office of the county commissioner at the locational and sub-county level will facilitate the convening of public consultative forum and provision of security for such forums, they will be the contact point for compensation and any assistance to project affected persons, and they will provide grass-root mobilisation of the community. The County Government: It will be responsible for safeguarding the objectives of the road improvement by ensuring adherence to development control measures along the road corridor. They will harmonize the location of social amenities with the road corridor to mitigate negative impacts. Local RAP Implementation Committee: Responsibilities of the RAP Implementation Committee (RIC) will be handled at the grass-root by a PAPs committee based at the Resident Engineers office for speedy handling of emerging issues that may stall the project. Compensation and resettlement will be coordinated by the implementing agency, i.e. KeNHA. There will be collaboration with other stakeholders among them the Uasin Gishu County, National Land Commission, Representatives of the National Government at the project location and the civil society. PAPs Committee: During the sensitization and public consultation forum it was agreed to constitute a project PAPs committee comprising of among others representatives of the potential PAPs, women and youth and members of the provincial administration and other opinion leaders. The communities were encouraged to identify any groups of CBOs/NGOs operating within the area to assist them in appreciating and internalizing the project components and their impacts on the community. Independent NGOs/CBOs: It is anticipated that members of the civil society working in the project areas will assist the communities to internalize the project implications and create a sense of public ownership of the project process. The process will be continuous until the project is completed with the consultations diminishing in frequency as the emerging issues are resolved. 4 Public Consultations Consultations with a wide range of project affected persons and stakeholders in the general area of the project were conducted. These included individuals or groups who will be positively or negatively affected by the project including potential host communities. Comprehensive consultations have been held with various stakeholders and the project affected persons from the reconnaissance stage through the public consultations, the project affected persons census along the road; a socio-economic survey and an assets inventory. The consultations held along the road corridor were aimed at seeking views of the local communities along the project road on various aspects of the design. Secondly, the public forums served to create awareness to the local community and particularly the potential project affected persons on how the project would impact on their daily lives during and after the improvement. The communities were encouraged to form Interim Committees (Ad-Hoc) inclusive of the potential project affected persons, the youth and women in consultation with the Chiefs of their areas to engage in internalizing the proposed project. Public consultations were held at various locations as determined by administrative boundaries for ease of administration and management of the stakeholder composition and record keeping for future reference and analysis. The list of public officers and civil society to be involved in the process was exhaustively compiled. A special forum was arranged for the Civil Society groups and the vulnerable groups including youth, women and people with disabilities. Additional consultation was also undertaken with the Kalenjin Counsel of Elders to seek their opinion on relocation