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RP883 v16 THE KENYA POWER _ LIGHTING COMPANY LTD

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RP883 v16 THE KENYA POWER _ LIGHTING COMPANY LTD Powered By Docstoc
					                                RP883 v16




THE KENYA POWER & LIGHTING COMPANY LTD.
 RESETTLEMENT ACTION PLAN FOR THE PROPOSED 66 KV
TRANSMISSION LINE FROM NAIROBI NORTH SUBSTATION TO
     WESTLANDS AND ILRI (KABETE) SUBSTATIONS




                 January 2011
CERTIFICATION:

Client:     The Kenya Power & Lighting Company Limited

Assignment: TO CARRY OUT AN RESETTLEMENT ACTION PLAN OF THE
           PROPOSED 66 KV     TRANSMISSION LINE FROM NAIROBI NORTH
           SUBSTATION TO WESTLANDS AND ILRI SUBSTATION


Report Prepared by:
Samuel Abaya- Socio – Economist, Lead Expert, NEMA Reg.1245
Roseline Njeru – Socio - Economist
Pius Ngari – Associate Expert Reg. No. 1862
Jediel Muriuki – Property officer
Jackson Pengat – Wayleave officer




Signed :     ......................... Date: ………………………………………….
Samuel Abaya            (Team Leader)
Lead EIA/Audit Expert,
NEMA Reg. No. 1245

For:
The Kenya Power & Lighting Company (KPLC),
P. O. Box 30099 – 00100,
NAIROBI,
KENYA

Signed :   …....................... Date : ………………………………………
John Guda-Deputy Manager; Safety, Health & Environment




                                                                 i
Resettlement Action Plan for the Proposed 66 kV Transmission Line




Contents
CERTIFICATION:
.........................................................................
....................................................... 1

Contents
.........................................................................
.................................................................... 2

LIST OF ABBREVIATIONS
.........................................................................
....................................... 6

EXECUTIVE SUMMARY
.........................................................................
............................................ 7

CHAPTER ONE: INTRODUCTION
.........................................................................
.......................... 14


1.1 PROJECT BACKGROUND ..................................................
.........................................................................
.14

                  .

1.2 Objectives .........................................................
.........................................................................
...............15


1.3 Scope of Work .......................................................
.........................................................................
...........15


1.4 Guiding Principles ..................................................
.........................................................................
..........16


1.5 Methodology .........................................................
.........................................................................
...........18
Chapter Two: LEGAL FRAMEWORK
.........................................................................
..................... 19


2.1        Introduction .................................................
.........................................................................
..............19


2.2        The Power of Eminent Domain ..................................
.........................................................................
19


2.3        Environmental, Management and Co‐ordination Act, (EMCA), 1999.
 ...............................................20


2.4        The Forest Act Cap 385 .......................................
.........................................................................
.......20


2.5         Way leave Act Cap 292 .......................................
.........................................................................
.......21


2.6         Energy Act (2006) ...........................................
.........................................................................
...........22


2.7         Electric Power Act of 1971 ..................................
.........................................................................
......22


2.8         The Agriculture Act, Cap 318 (Revised 1986) .................
....................................................................22


2.9         Wildlife Conservation and Management Act Cap 376 ............
...........................................................22


2.10        Government Land Act Cap 280 .................................
.........................................................................
23


2.11        Land Titles Act Cap 282 .....................................
.........................................................................
........23


2.12        Registration of Titles Act Cap 281 ..........................
.........................................................................
...23


2.13        Land (Group Representatives) Act Cap 287 ....................
...................................................................24


2.14        Trust Land Act Cap 291 ......................................
.........................................................................
.......24



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Resettlement Action Plan for the Proposed 66 kV Transmission Line



2.15         Registered Land Act Cap 300 ................................
.........................................................................
....24


2.16          Land Control Act Cap 302 ..................................
.........................................................................
.......25


2.17         World Bank Group Safeguard Policies ........................
.......................................................................25



2.18         Land Related Legal Issues ..................................
.........................................................................
........26


2.19           Valuation and Related Legal Issues .......................
.........................................................................
.27


2.2.1 Summary of Valuation Process Relevant to ESRP RAP .................
.........................................................28


2.3 Dispute Resolution and Arbitration of Disputes ......................
.................................................................29

    2.4 Grievance Redress
Mechanisms ..............................................................
......................................................29

Chapter 3 Project Area
.........................................................................
........................................... 31


3.0 EARMARKED PROJECT AREAS .............................................
......................................................................31


3.1 Nairobi Area ........................................................
.........................................................................
.............31
       3.1.1 Nairobi North
substation: .............................................................
..................................................31

       3.1.2 Nairobi North - Limuru Road - Ndenderu
Junction ................................................................
....32

       3.1.3 Ndenderu Junction to Lower Karura
Market ..................................................................
............32

       3.1.4 Lower Karura Market to Wangige
Market ..................................................................
.................34

       3.1.5 Wangige Market through Lower Kabete road junction towards
Westlands ..........................35

Chapter 4
.........................................................................
................................................................. 36

Socio Economic Status of the Affected Persons
.........................................................................
. 36


4.1 Introduction ........................................................
.........................................................................
.............36


4.2 Methodology .........................................................
.........................................................................
...........36


4.3 Education level .....................................................
.........................................................................
............36


4.4 Housing .............................................................
.........................................................................
...............37


4.5 Income ..............................................................
.........................................................................
...............37


4.6 Occupation ..........................................................
.........................................................................
.............38


4.7 Infrastructure ......................................................
.........................................................................
.............39


4.8 Sources of water ....................................................
.........................................................................
..........39


4.9 Land ................................................................
.........................................................................
..................39


3
Resettlement Action Plan for the Proposed 66 kV Transmission Line



4.10 Transport ..........................................................
.........................................................................
..............39

                          .

4.11 Sources of energy .................................................
.........................................................................
.........39


4.12 Impacts of the project .............................................
.........................................................................
.......40


4.13 Vulnerable groups ..................................................
.........................................................................
........41

Chapter 5
.........................................................................
................................................................. 42

IMPLEMENTATION AND ACCOUNTABILITY
.........................................................................
........ 42


5.1 Implementation ......................................................
.........................................................................
.........42


5.1.1 Organizational Structure ..........................................
.........................................................................
.....42


5.1.2 KPLC Resettlement Unit (KRU) ......................................
.........................................................................
42


5.1.3 PAP RAP Committee (PRC) ...........................................
.........................................................................
.43
5.2 Community Consultation ..............................................
.........................................................................
...44

       5.2.1 PAPs
Consultation ............................................................
.............................................................45

       5.2.2 Compensation of
PAPs ....................................................................
.............................................45

                                                                 .
        5.2.3 Handing Over the site for Stringing and Civil
Works   ................................................................45


       5.2.4 Monitoring and Supervision of RAP
Implementation ..........................................................
......45


5.3 Implementation Schedules ............................................
.........................................................................
..45


5.4 Costs and Budget ....................................................
.........................................................................
.........46

Chapter 6
.........................................................................
................................................................. 47

COMPENSATION AND ENTITLEMENTS
.........................................................................
............... 47


6.1 Introduction ........................................................
.........................................................................
.............47


6.3 Eligibility .........................................................
.........................................................................
..................49


6.4 Loss of Assets ......................................................
.........................................................................
.............49
6.5 Loss of Livelihood ..................................................
.........................................................................
...........49


6.6 Categorization of the PAPS ..........................................
.........................................................................
....50

       6.6.1 Loss of Structures (Kiosks, stalls, residential and other
buildings) ........................................50


6.7 Restorative Courses of Action .......................................
.........................................................................
...50


6.8 Entitlement Matrix ..................................................
.........................................................................
.........50


4
Resettlement Action Plan for the Proposed 66 kV Transmission Line


Chapter 7
.........................................................................
................................................................. 52

MONITORING AND EVALUATION
.........................................................................
......................... 52


7.1 GENERAL CONSIDERATIONS ..............................................
.......................................................................52



7.2 Internal Monitoring .................................................
.........................................................................
.........52


7.3 External Monitoring .................................................
.........................................................................
........52

Chapter 8
.........................................................................
................................................................. 55

GRIEVANCE AND APPEALS
.........................................................................
.................................. 55


8.1 Subject matter of grievance .........................................
.........................................................................
....55


8.2 Method of lodging complaints ........................................
.........................................................................
.55


8.3 Proposed procedure ..................................................
.........................................................................
......55

Chapter 9
.........................................................................
................................................................. 57
CONCLUSIONS AND RECOMMENDATIONS
.........................................................................
........ 57


9.1 SUMMARY OUTCOME OF PUBLIC CONSULTATIONS AND DISCUSSIONS..............
....................................57


9.2 GENERAL CONCLUSIONS .................................................
.........................................................................
.59


9.3 GENERAL RECOMMENDATIONS..............................................
..................................................................59

Minutes of the meetings held
.........................................................................
................................ 62

Evaluation report
.........................................................................
.................................................... 68

Sample questionnaire
.........................................................................
............................................. 91




5
Resettlement Action Plan for the Proposed 66 kV Transmission Line




LIST OF ABBREVIATIONS


BP      Bank Policies
DRC     Dispute Resolution Committee
EMCA    Environmental Management Coordination Authority
ESRP    Energy Sector Recovery Program
HIV     Human Immune Virus
AIDs    Acquired Immune Deficiency Syndrome
RAP     Resettlement Action Plan
KPLC    The Kenya Power & Lighting Company
KMs     Kilometres
MOPHS   Ministry of Public health and sanitation
GRC     Grievance Redress Committee
GOK     Government of Kenya
OP/BP   Operation Policy/Bank Policy
PAPs    Project affected persons
RLA     Registered Land Act
PIT     Project implementation team
PRC     PAPs Resettlement Committee
TL      Transmission line
KRU     KPLC Resettlement Unit
WB      World Bank
6
Resettlement Action Plan for the Proposed 66 kV Transmission Line


                                    EXECUTIVE SUMMARY
1. Purpose
Given the magnitude of the predicted resettlement impact, on particular
project sites, a Resettlement
Action Plan (RAP) for the various project sites to be implemented by
KPLC. This RAP has complied
with World Bank safeguard policies. This RAP has been commissioned by
Energy Sector Recovery
Project and complies with the World Bank Standards.


2. Project Background
The Energy Sector Recovery Project has identified priority areas for
reinforcement and upgrade of
the distribution systems and these are spread countrywide. These
activities are expected to have a
widespread positive impact on overall socio-economic status and
livelihoods of the electrified users
and project- affected people (PAPs). The project may have some negative
effects especially to
those who may be displaced from the right of way either through land
acquisition or removal of those
who have developed on the road reserve. A Resettlement Action Plan is
therefore required to guide
the process as is in line with the World Bank OP 4.12.


3. Project Objectives
The proposed project is part of the Proponent’s energy access scale-up
program, which has the
following objectives:
    •   Extending the sub transmission line of 66 kV as well as
reinforcing the distribution lines with
        the aim of reducing technical losses and improving voltage
conditions, thereby coping with
        additional demand.
    •   Increasing access to electricity to 20% by 2015 by accelerating
connection rates;
    •   Voltage upgrading to increase supply capacity and reduce system
losses;
    •   Providing alternative electricity supply paths to increase
reliability and improve power quality
        in the regions.

4. Project Justification
Currently electricity is accessible to less than 20% of the total
population and approximately 5% of
rural population. The KPLC customer base is expected to grow by 200,000
connections every year
creating an annual demand growth of about 150 MW. The proposed sub
transmission line reinforce
the distribution lines with the aim of reducing technical losses and
improving voltage conditions,
thereby coping with additional demand within Westlands and Kabete areas.



5. Site Ownership
The proposed sub transmission   line will be traversing along the road
reserve which comprises
various business premises and   formal and informal human settlement that
are within the road
reserve. The most significant   social/socio-economic impact will be the
need for compensation and
relocation of people affected   by the project siting.



7
Resettlement Action Plan for the Proposed 66 kV Transmission Line




6. Project Activities
Erecting of the poles and stringing of conductors: Erection of the poles
will involve delivery of
complete poles, excavating of the holes and erecting of the poles
manually. The poles will be
transported to site where they will be erected. The average height of the
line will be between 20 m.
The foundations of the poles will be dug manually of a minimum of 2m. The
depth will be determined
after geotechnical study that could be undertaken. Vegetation clearing
will be done manually by use
of pangas and slashers. Where there are big trees, portable power saw
mills (petrol powered) will be
used.


Modes and quantity of transport vehicles employed in the project will be
approximately 5 no. Lorries
and 4 no. 4x4 vehicles. Maintenance of these vehicles will be done
through licensed garages found
in the project area. There will be no on-site maintenance of vehicles.
Powered equipment expected
to be used in the construction include power saw mills, and compressor to
break had ground (if
required). Once the poles are erected and stability integrity
established, minimal maintenance is
required. During the operation phase of the project the Wayleave will be
maintained through manual
vegetation clearing. Routine aerial inspection and ground inspection will
however be done annually.
Approximately 10 unskilled labour, five artisans, 2 technicians and three
engineers will be employed
in the project construction phase.


7. Objectives of the RAP
Any project which includes the acquisition of land either of a temporary
or permanent nature
requires the development of a RAP in order to meet the following
objectives:
    •   Provide a clear definition of the PAP by socio-economic and
gender category; household or
        family; the cut-off dates for eligibility for compensation; the
assets to be compensated at
        replacement cost.
    •   Provide a detailed socio-economic survey in order to identify
entitlement, key issues faced in
        terms of land acquisition and compensation, as well as options
and strategies for minimizing
        impacts on current land use activities or cultural heritage.
    •   Provide specific rates for compensation of loss of assets at fair
market and equitable value
        and the methodology of how these values are derived.
    •   Establish the land acquisition and compensation processes,
options available, eligibility and
        entitlement and consultation and grievance referral and redress
mechanisms.
    •   Take into account the requirements of the applicable laws of
Kenya as well as requirements
        of the International Finance Corporation (IFC), World Bank, JICA,
African Development Bank
        (AFDB) and the policies and procedures of KPLC.


Therefore the main purpose of this Resettlement Action Plan (RAP) is to
provide guidelines to
stakeholders participating in the mitigation of adverse social impacts of
the project, including




8
Resettlement Action Plan for the Proposed 66 kV Transmission Line


rehabilitation/ resettlement operations in order to ensure that project
affected persons (PAPs) are
not impoverished by the adverse social impacts of the project.


8. Scope of Work
In an overview, the project area covered approximately 65 Kms of power
line construction from
Nairobi North Substation within Nairobi Area. This will involve the
following routes:
    •     Nairobi North - Limuru Road - Ndenderu Junction
    •     Ndenderu Junction to Lower Karura Market
    •     Lower Karura Market to Wangige Market
    •     Wangige Market through Lower Kabete road junction towards
Westlands


The project will include the removal and demolitions of the property
along the proposed power line
way leaves since it is dangerous for people to live and/or operate
businesses near the 66 kV power
line. This is because will cause losses both at family and commercial
establishments resulting into
compensation and entitlements of PAPs. Given the magnitude of the
predicted resettlement impact,
on particular project sites, this Resettlement Action Plan (RAP) has been
designed to include a
participatory approach between PAPs and KPLC. The RAP will provide
guidelines to stakeholders
participating in the mitigation of adverse social impacts of the project,
including rehabilitation/
resettlement operations in order to ensure that Project Affected Persons
(PAPS) will not be
impoverished by the adverse social impacts of the project. This shall
follow the legal framework in
Kenya and in accordance with the World Bank Practices. In order to enable
generation of the
desired output, issues such as cut-off dates, grievance redress
mechanisms, compensation and
entitlements must be adhered to at the implementation stage. Case to case
valuation by KPLC
qualified valuers and transparency in negotiation of costs by KRU will
lead to fewer grievances. This
will also ease and expedite monitoring and evaluation of performance of
RAP by KRU. In the event
that KRU has limited personnel, other KPLC and/ or government departments
may be called upon to
assist.
9. Legal Framework
There are several statutes that handle the issue of land, development of
electric infrastructure and
valuation of assets for the purpose of compensation. Those that deal
directly with land are:
Government Lands Act Cap 280, Land Titles Act Cap 282, Registration of
Titles Act Cap 281, Land
(Group Representatives) Act Cap 287, Trust Land Act Cap 291, Registered
Land Act Cap 300, Land
control Act 302, Agriculture Act 318, the valuation practice in Kenya is
governed by the Valuers Act
cap 532. Other statutes that govern valuation are the government lands
act cap 280 that regulates
the valuation for land rent while valuation for rating is governed by the
Rating Act Cap 657. Land
Acquisition Act Cap 295 governs valuations for compulsory acquisition
purposes. Development of
electric infrastructure is governed by Energy Act, 2006. Environmental
Management Co-ordination
Act, 1999 also addresses environmental issues related to land. The World
Bank safeguard policies
will be applicable to this project.



9
Resettlement Action Plan for the Proposed 66 kV Transmission Line




Note; If there will be any gaps during the project implementation phase
between the Kenyan legal
and policy framework and the World Bank's OP 4.12 regarding
compensation/resettlement issues,
the World Bank OP 4.12 will be followed to the latter.


10. Public Consultation Process
The consultations surveys were conducted between June – July 2010. The
consultation process
involved visiting the areas along the 65 kilometre stretch along the
existing road reserve which the
Wayleave for the transmission line will be sought. In total, 136 no
household interviews for the RAP
were conducted. In addition,

3 no consultative Public Participation meetings were held at along Limuru
road at Ndenderu
junction, Karura chief’s camp and Wangige market.

The specific objectives of the consultation process were:
    •   To create awareness on the proposed project
    •   To ask the local residents especially the Interested and Affected
Parties about the problems
        they anticipate with the project and how these can be overcome
    •   To consult and gather recommendations from the local
administration e.g. DOs, Chiefs,
        Assistant Chiefs, Councilors, Village Elders and communities that
have a stake in the project
    •   To provide an opportunity to all the communities in the areas
where the proposed
        transmission line is expected to pass to raise issues and
concerns pertaining to the project,
        and allow the identification of alternatives and recommendations.


11. Methodology
Both qualitative and quantitative techniques were used to collect data
and information on the social
and economic status of the community in the project areas. These
included:
    •   A detailed desk study.
    •   Key Informant Interviews and Semi-Structured Interviews were
conducted with the DOs,
        Chiefs, Assistant Chiefs, Councilors and Village Elders.
    •   Open-ended questionnaires were administered to obtain views about
the proposed project
        and its perceived impacts from households along the proposed
transmission line.
    •   Public Barazas which were organized and chaired by the Chiefs and
Assistant Chiefs.
    •   Transect walks, where possible were conducted to confirm the
information from the
        discussion and observation were made on physical and
environmental conditions.
    •   A check list of the information to collect from each category of
the persons to be interviewed
        guided the collection of data throughout the field exercise.




10
Resettlement Action Plan for the Proposed 66 kV Transmission Line


12. Cut-Off Dates
The cut-off date for determining the beneficiaries of the resettlement
plan is set as 1st august 2010
which is the first date of field study for the RAP.


13. Grievance Redress Mechanisms
Grievance redress mechanisms are essential tools for allowing affected
people to voice concerns
about the resettlement and compensation process as they arise and, if
necessary, for corrective
action to be taken promptly. During the consultative meetings, the main
areas that were identified to
raise disagreements included: values for land, building and plants. In
the event there is
dissatisfaction to a PAP, the following step-by-step process for
registering and addressing
grievances is suggested. Disputes will be referred to GRC thorough the
provincial administration.
The grievance will be investigated by the Resettlement Committee and if
not settled referred to the
Kenyan courts or the Commissioner of Lands/agriculture as may be
appropriate.

14. Demolition of Properties
Some private property will be demolished mainly along the power lines
from Nairobi North
substation to Westlands and ILRI in Kabete that will involve construction
of approximately 65 Kms of
line. The properties to be demolished include business premises and some
houses along the
wayleave where the 66 KV distribution line will be passing.


15. Compensation
Compensation and entitlements will be triggered by particular and
specific impacts resulting from the
project. Using a holistic approach, these general impacts emanating from
the project would include
losses both at family and commercial establishments. All project affected
people will be
compensated.



Table 1: Summary of the number of Project Affected Persons and Property
found along the
proposed project route
No.   Category         Number of              Total Number of       Total
number of
                       Structures to be   Project Affected
households to be
                       affected           Persons
physically relocated

1.    Household        168                553                132

2.    Commercial       41                 -                   32

3.    Institution        2                      10            2

      Total            211                563                166




11
Resettlement Action Plan for the Proposed 66 kV Transmission Line


16. Entitlement Matrix
The right to benefits will only be granted to PAPs whose assets will be
demolished and those who
will have to move their assets to a different location. For instance PAPs
who operate businesses in
moveable containers will be compensated the cost of transport for
relocation.


17. Implementation
The implementation of the Resettlement Action Plan anticipated in this
document is of primary
concern to KPLC. Two bodies will be responsible for this namely:
    • PAP RAP Committee which will act as a voice of those affected by
the resettlement and,
    • KPLC resettlement unit (KRU) that will provide financial,
managerial and technical expertise
        into the resettlement process.
The structure of the KRU shall include the following: Environmental and
social specialist, socio –
economist, land Valuer, way leave officer, surveyor, legal officer and
Accountant.


18. Costs and Budget
These costs exclude transportation and payments to experts or
facilitators. The approximate
Resettlement Cost will be Kshs.30,456,220.00 and the capacity building
for the project
implementation team Kshs. 250,000. The total cost will be Kshs.
30,706,220.00



19. Monitoring and Evaluation
Progress and performance of the RAP will be evaluated before, during, and
after implementation. In
a summary, monitoring and evaluation indicators will include:
           •   Income statistics
           •   Entitlement Listing.
           •   Monitoring and Evaluation of Reports
20. RAP Study Team
The study team comprised of the following professionals:
    •   Socio-Economist.
    •   Environmentalist
    •   Surveyor
    •   Wayleave officer
    •   Land Valuer
    •   Enumerators
    •   Electrical Engineer
21. Recommendations
KPLC should be keen in ensuring adequate and commensurate compensation to
the project
affected people in accordance with the spirit of improving or at least
restoring the economic base of



12
Resettlement Action Plan for the Proposed 66 kV Transmission Line


those relocated. This is in line with the World Bank Group resettlement
policy which recognizes that
continued possession of public lands without government action for
eviction is a valid basis to
compensation for loss of assets and requires resettlement assistance.


There are a series of avenues set up to deal with dispute resolution
which include negotiations,
rnediation and arbitration. Litigation should be avoided as much as
possible since it is lengthy and
time wasting. Kenya's Dispute Resolution Centre (DRC) is an independent,
dot-for-profit
organization that promotes the prompt, effective and economic resolution
of disputes through
arbitration, predominantly mediation, expert determination and early
neutral evaluation. This is a
resource that could be called upon by the stakeholders to arbitrate. They
would be of particular use
should disputes around the compensation and resettlement process arise.


Kenya Power and Lighting Company has standard compensation rates that
have been harmonized
using compensation rates from various government ministries such as
Ministry of Environment &
Natural Resources, Ministry of Public Works and Ministry of Agriculture.
The consultant
recommends that these rates be adopted for purposes of compensating
trees, crops and vegetation
in general, since the compensation rates are uniform and higher than
those of various Government
Ministries. However other assets that are not vegetative will require an
independent validation
before resettlement.


Compensation to PAPS should be made before demolition commences. This
will be done at either
the KPLC offices or at the local chiefs’ office, whichever will be
appropriate after approval. After
compensation, a minimum of one month notice should be given to the
affected people before the
demolition exercise commences, so as to allow relocation and salvage of
necessary asset by PAPs.


The RAP will be implemented by the Kenya Power & Lighting Co. Limited. To
encourage
transparency and in order to get a monitor with the necessary expertise,
it is recommended that the
monitoring programme be put out to tender. Suitable and qualified experts
could be asked to tender
for the position of resettlement monitors.


To minimize the negative economic impact of improvement activities on
establishments, it is
recommended that the PAPs be allowed to set up stalls/kiosks a few metres
away from the project
site such as at Nairobi North that involves power line construction of
approximately 65 Kms or they
should be encouraged to resettle in the same place after the project
exercise. This would yield a
more satisfying outcome for operators of these establishments hence
constituting a socially and
economically optimal outcome.




13
Resettlement Action Plan for the Proposed 66 kV Transmission Line




                              CHAPTER ONE: INTRODUCTION

1.1 PROJECT BACKGROUND
Kenya Power and Lighting Company Limited (KPLC), also referred to as the
Proponent, is a limited
liability company responsible for the transmission, distribution and
retail of electricity throughout
Kenya. The Proponent owns and operates the national transmission and
distribution grid, and as at
June 2009 was retailing electricity to approximately 1,652,309 customers
throughout the nation. The
Proponent proposes to construct and operate approximately 65 Km of double
circuit 66 kV
transmission line between Ndenderu substation       – ILRI and Ndenderu
substation – Westlands,
comprising the following:
• 66 kV line Ndenderu substation – ILRI
• 66 kV line Ndenderu substation – Westlands


The Energy Sector Recovery Project is financed by the Government of
Kenya, the International
Development Association (IDA), the Agence Francaise de Development (ABD),
European
Investment Bank (EIB) and the Nordic Development Fund (NDF). The Project
Objectives is to
increase access to electricity in Urban, Pen-Urban and Rural Areas,
Improve system efficiency,
reliability and quality of service to existing consumers. This will
improve the social welfare and
enhance living standards of the Kenyan people.


The Project will improve the distribution reinforcement and upgrade. The
Project has identified
priority areas for reinforcement and upgrade of the distribution systems
and these are spread
countrywide. These activities are expected to have a widespread positive
impact on overall socio-
economic status and livelihoods of the electrified users and project-
affected people (PAPs). The
project may have some negative effects especially to those who may be
displaced from the right of
way either through land acquisition or removal of those who have
developed on the road reserve.
A resettlement Action Plan is therefore required to guide the process.
The Unmitigated involuntary
resettlement in development projects often gives some severe economic,
social and environmental
risks which include; displaced and dismantled production systems, loss of
income sources,
weakened community institutions and social networks, dispersed kin groups
and diminished or lost
cultural identity and traditional authority.



The RAP sets out the framework for policies, principles, institutional
arrangements schedules, and
other indicative budgets to facilitate the project resettlement process.
The RAP had been developed
in accordance with the World Bank policy safe guards and the Government
of Kenya’s Resettlement



14
Resettlement Action Plan for the Proposed 66 kV Transmission Line


policy as stated in various legal and constitutional documents and the
policy of the World Bank (as
provided in OP 4.12)


1.2 Objectives
The main objective of this Resettlement Action Plan (RAP) is to provide
guidelines to stakeholders
participating in the mitigation of adverse social impacts of the project,
including rehabilitation/
resettlement operations in order to ensure that project affected persons
(PAPs) will not be
impoverished by the adverse social impacts of the proposed project. The
Resettlement Action Plan
(RAP) will be applied to project sites where people will be displaced
from land or productive
resources which result in relocation, loss of shelter or assets important
to production, income
sources or means of livelihood among others.


The following are the specific objectives to this RAP they include;
    •   Provide a clear definition of the PAP by socio-economic and
gender category; household or
        family; the cut-off dates for eligibility for compensation; the
assets to be compensated at
        replacement cost.
    •   Provide a detailed socio-economic survey in order to identify
entitlement, key issues faced in
        terms of land acquisition and compensation, as well as options
and strategies for minimizing
        impacts on current land use activities or cultural heritage.
    •   Provide specific rates for compensation of loss of assets at fair
market and equitable value
        and the methodology of how these values are derived.
    •   Establish the land acquisition and compensation processes,
options available, eligibility and
        entitlement and consultation and grievance referral and redress
mechanisms.
    •   Take into account the requirements of the applicable laws of
Kenya as well as requirements
        of the International Finance Corporation (IFC), World Bank, JICA,
African Development Bank
        (AFDB) and the policies and procedures of KPLC.


1.3 Scope of Work
In an overview, the project area covered includes approximately 65 Km of
power line construction
from Nairobi North Substation within Nairobi Area. This will involve the
following line routes:
    •   Nairobi North - Limuru Road - Ndenderu Junction
    •   Ndenderu Junction to Lower Karura Market
    •   Lower Karura Market to Wangige Market
    •   Wangige Market through Lower Kabete road junction towards
Westlands


Also affected by the project are the business premises that are operating
along the road reserves
that falls within the way leave of 66 kV transmission power lines. This
will cause losses both at
family and commercial establishments resulting into compensation and
entitlements of PAPS. Given
the magnitude of the predicted resettlement impact, on particular project
sites, this Resettlement
Action Plan (RAP) has been designed to include a participatory approach
between PAPS and other


15
Resettlement Action Plan for the Proposed 66 kV Transmission Line


relevant stakeholders. The RAP will provide clear guidelines to
stakeholders participating in the
mitigation of adverse social impacts of the project, including
rehabilitation/ resettlement operations in
order to ensure that project affected persons (PAPS) will not be
impoverished by the adverse social
impacts of the project.


This shall follow the legal framework in Kenya in accordance with The
World Bank Practices. In
order to enable generation of the desired output, issues such as cut-off
dates, grievance redress
mechanisms, compensation and entitlements must be adhered to at the
implementation stage. Case
to case valuation by qualified Valuer and transparency in negotiation of
costs by KRU will lead to
fewer grievances. This will also ease and expedite monitoring and
evaluation of performance of RAP
by KRU. In the event that KRU has limited personnel, other KPLC and/ or
government departments
may be called upon to assist.


1.4 Guiding Principles
In order to ensure that the RAP complies with international best practice
as regards resettlement,
the principle implementing agent, Kenya Power & Lighting Co. Limited
shall bind itself to the
following guiding principles:


Principle 1: Resettlement must be avoided or minimized
Action: To comply with the principle, KPLC has demonstrated that the
proposed resettlement is both
necessary and viable, and that its scope and extent cannot be lessened.
KPLC has shown that they
have designed the line routes so as to cause the least possible
disruption.


Principle 2: Genuine consultation must take place
Action: Given its focus on resettlement, the primary concern is to take
seriously the rights and
interests of the project affected People. For this to take place, their
voice needs to be made clear,
via the formation of local level consultative forum. These structures
have been co-ordinated at the
community level by the ISPLC personnel.
Principal 3: Establishment of a pre-resettlement baseline data
Action: To support the successful reestablishment of affected property,
the following activities will be
undertaken prior to displacement.
    •   An inventory of landholdings and immovable/non-retrievable
improvements (buildings and
        structures) to determine fair and reasonable levels of
compensation or mitigation.
    •   A census detailing household composition and demography, and
other relevant
        socioeconomic characteristics.


The asset inventories will be used to determine and negotiate
entitlements, while the census
information is required to monitor homestead reestablishment. The
information obtained from the




16
Resettlement Action Plan for the Proposed 66 kV Transmission Line


inventories and census will be entered into a database to facilitate
resettlement planning,
implementation and monitoring.


Principle 4: Assistance in relocation must be made available
Action: KPLC will guarantee the provision of any necessary compensation
for people whose fields
will be disturbed to make way for the transmission lines, or any other
disturbance of productive land
associated with the project in proportion to their loss.


Principle 5: A fair and equitable set of compensation options must be
negotiated
Action: Compensation will be paid for structures, land and trees that are
disturbed according to set
rates.


Principle 6: Resettlement must take place as a development that ensures
that project affected
            persons’ benefits
Action: Where practical the employment and sub-contracting opportunities
that arise from the project
will be made available to the affected population.


Principle 7: Vulnerable social groups must be specifically catered for
Action: Members of vulnerable groups are often not able to make their
voice effectively, and account
will be taken of this in the consultation and planning processes, as in
establishing grievance
procedures. They are often physically weaker, and may need relocation or
disturbance phase. In
particular, female-headed households may lose out to more powerful
households when asset will be
demolished to make way for the transmission line. This will entail KPLC
ensuring that the pre-
resettlement database specifically identifies groups and makes provision
for them to be included in
consultative forum. KPLC must further ensure that they are given the
necessary protection to ensure
that they receive equitable access to replacement resources. In addition,
KPLC will make specific
reference to vulnerable social groups being paid particular attention in
the monitoring process.
Vulnerable groups will include those with minimal assets, the illiterate,
and the aged (those PAPS of
more than 65 years).
Principle 8: Resettlement must be seen as an upfront project cost


Action: Experience across the world shows that unless resettlement is
built in as an upfront project
cost, it tends to be under budgeted, that money gets whittled away from
the resettlement budget to
'more pressing' project needs, and that it tends to be seen as peripheral
to the overall project. KPLC
will ensure that compensation costs, as well as those resettlement costs
that fall within their scope
of commitment, are built into the overall project budget as up-front
costs.




17
Resettlement Action Plan for the Proposed 66 kV Transmission Line


Principle 9: An independent monitoring and grievance procedure must be in
place
Action: In addition to internal monitoring that will be provided by KPLC
an independent Team will
undertake monitoring of the resettlement aspect of the project. Grievance
procedures will be
organized in such a way that they are accessible to all affected parties,
with particular concern for
the situation of vulnerable groupings. Monitoring will specifically take
place via measurement against
the pre-resettlement database.


Principle 10:   World Bank’s Operational Procedure on forced Resettlement
Action: the World Bank’s operational policy 4.12 on involuntary
resettlement will be adhered to. It
requires that involuntary resettlement be avoided where feasible, or
minimized, exploring all viable
alternative project designs. Where it is not feasible to avoid
resettlement, resettlement activities
should be conceived and executed as sustainable development programs,
providing sufficient
investment resources to enable the persons displaced by the project to
share in project benefits.
Displaced persons should be meaningfully consulted and should have
opportunities to participate in
planning and implementing resettlement programs. They should also be
assisted in their efforts to
improve their livelihoods and standards of living or at least to restore
them, in real terms, to pre-
displacement levels or to levels prevailing prior to the beginning of the
project implementation,
whichever is higher.


1.5 Methodology
Consultant's methodology involved participatory approach. In which case,
community meetings,
public hearings and key informants (Chiefs, District Officer, Local
Authorities, KPLC Wayleave
Officers among others were part of the respondents the consultant
interacted with. We consulted
widely with the KPLC ESRP team as well as all stakeholders during the
preparation of the RAP.




18
Resettlement Action Plan for the Proposed 66 kV Transmission Line




                               Chapter Two: LEGAL FRAMEWORK
2.1        Introduction
The legal framework of a RAP describes all laws, decrees, policies and
regulations relevant to the
resettlement activities associated with a project. Many countries have
legislation and policies
governing land expropriation and compensation for affected assets.
However, policy governing
resettlement is often not clearly defined, if not altogether lacking. The
RAP requires that laws and
relevant legislations are adhered to.


2.2        The Power of Eminent Domain
This refers to the fact that all land in the Republic of Kenya belongs to
the state and the citizens hold
tenure and usage in trust as lessees of the state either as Freehold
interests or leasehold interests,
the tenure being private, and public or trust lands. Power of Eminent
domain recognizes the ability of
the State to compulsory acquire land for use to benefit the public. The
scope of the power of
eminent domain and the nature of compensation associated with it, the
procedures for assessing
compensation values and the schedule for making compensation payments is
applicable to all land
within the Republic. Procedures are enumerated in the Land Acquisition
Act Cap 295 of the Laws of
Kenya. Land titling and registration procedures by setting apart of Trust
Lands under the Trust
Lands Act Cap 291 also recognize the Power of Eminent Domain.


RELEVANCE - The Land acquisition Act is applicable to PAPs resisting
granting of Way leave
consents on their land. The power line is to uplift the country’s economy
therefore its importance
supersedes an individual’s resistance of the nation’s economic growth.
The procedures of
acquisition and compensating such land and assets are outlined therein.
This is also applicable for
Trust land and un-alienated land parcels where the process of setting
apart the land and its excision
is enumerated to enable actualization of the project.
The various statutes that are considered on land tenure and acquisition
are as follows:-
      i.   Land Acquisition Act Cap 295
     ii.   Environmental, Management and Co-ordination Act, (EMCA), 1999
    iii.   The Forest Act Cap 385
    iv.    Way leave Act Cap 292
     v.    Energy Act (2006)
    vi.    Electric Power Act of 1971
    vii.   The Agriculture Act, Cap 318 (Revised 1986)
viii.      Wildlife conservation and Management Act Cap 376
    ix.    Government Land Act Cap 280
     x.    Land Titles Act Cap 282


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Resettlement Action Plan for the Proposed 66 kV Transmission Line


     xi.    Registration of Titles Act Cap 281
     xii.   Land (Group Representatives) Act Cap 287
xiii.       Trust Land Act Cap 291
xiv.        Registered Land Act Cap 300
     xv.    Land Control Act Cap 302


2.3         Environmental, Management and Co-ordination Act, (EMCA),
1999.
The environmental Management and Coordination Act (EMCA) 1999 is an Act
of Parliament to
provide for the establishment of an appropriate legal and institutional
framework for the
management of the environment and for matters connected therewith and
incidental thereto.

The main objective of the Act is to.

        •   Provide guidelines for the establishment of an appropriate
legal and institutional framework
            for the management of the environment in Kenya.

        •   Provide frame work legislation for 77 statutes in Kenya that
contain environmental
            provisions.

        •   Provide guidelines for environmental impact assessment,
environmental audit and
            monitoring, environmental quality standards and environmental
protection orders.

       •    The Act empowers the national environment Management
Authority (NEMA) to exercise
            general supervision and co-ordination over all matters
relating to the environment and to be
            the principal instrument of government in the implementation
of all policies related to the
            environment

RELEVANCE – EMCA was enacted to ensure sustainability of the environment
in its natural state
after completion of the project. This is to avoid adverse effects on the
environment as if there are
any then ensure necessary mitigation measures are undertaken.

2.4         The Forest Act Cap 385
The forest Act Cap 385 of 1992 (revised 1982, 1992 and 2005) addresses
the reservation,
protection, management, enforcement and utilization of forest resource on
Government land. The
Forest Act is applicable to gazetted forest area (Forest Reserves) and
specifically covers:

        •   Gazettement, alteration of boundaries and de-gazettement of
forest Reserves (Section 4)

        •   Declaration of Nature Reserves within Forest Reserves and
regulation of activities within
            Nature Reserves (Section 5);

        •    Issuance of licenses for activities within Forest Reserves
(Section 7);




20
Resettlement Action Plan for the Proposed 66 kV Transmission Line


    •   Prohibition of activities in Forest Reserves (removal of forest
produce, grazing, cultivation,
        hunting, etc.) and on un-alienated Government land (removal of
trees, collection of honey,
        lighting of fires) except under license from the Director of
Forest Services (section 8);

    •   Enforcement of the provisions of the Act, penalties and powers
afforded to enforcing officers
        (section 9-14);

    •   Power of the minister to make rules with respect to sale and
disposal of the forest products,
        use and occupation of land, licensing and entry into forests
(section 15). This prerogative has
        been taken with the forests (General) Rules, which sets forth
rules for sale of forest produce
        and specifies royalty rates for these products

Section 4 of the Forest act relates to excision and addition to the
Government forest estate. Section
4(2) states that declaration or alteration of forest boundaries, or
cessation of a forest area may not
take place unless twenty-eight days notice of the intention to make the
declaration published by the
Minister in the Kenya Gazette. Implementation of changes in forest areas
can be effected by legal
Notices (published in the Kenya Gazette Supplement) once the formalities
of 8 days notice are
complete of relevance to the proposed transmission line project is that
application for removal of
trees must therefore be made to the Director of Forest Services.

RELEVANCE – This ensure that forest cover is maintained for climatic
balance. Natural reserves
and forest resources should be reserved therefore licenses to traverse
these sections should be
obtained from relevant authorities before commencement of the project.

2.5            Way leave Act Cap 292
This is an Act of parliament that allows for easements and RoW for
carrying sewer, drain or pipeline
into, through, over or under any lands but may not in so doing interfere
with any existing buildings.
However in Kenya, Way leaves for transmission of energy are availed under
the Energy Act of 2006.


RELEVANCE - The Way leaves Act is important in compensation of crop
damage. During
construction of transmission lines crops are damaged therefore Clauses
6(1 and 2) provides
modalities of crop damage compensation. The Act is relevant for Way leave
consent to be granted
by Government bodies where land is owned by the public and land owners
under private land
ownership. Way leave is simply permission to pass over, under or through
land owned by another
party other that the entity that is seeking the ROW. It is mandatory for
KPLC to seek Way leave from
the owners of all land parcels where the power line is traversing over.
e.g way leave authorization
for forests Under the Kenya Forest Service’s Charter Way leave
authorization requires the client to
present a map of KFS showing the route of the way leave, and accompanied
by an application letter.
Compensation on each tree removed is based on the Forest Service General
Order (FSGO) which
presents a list of prices of services provided by KFS within the current
year. Waiting time for way
leave authorization is that upon application.




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Resettlement Action Plan for the Proposed 66 kV Transmission Line




2.6              Energy Act (2006)
This is an Act of parliament passed to amend and consolidate the law
relating to energy, to provide
for the establishment, powers and functions of the Energy Regulatory
Commission and the Rural
Electrification Authority and for connected purposes. The Act stipulates
on the development on the
energy systems in Kenya, and procedures to be followed for licensing of
any electricity generation or
distribution in Kenya.

RELEVANCE - The proposed project will be required to follow the LICENSING
guidelines set on this
Act. Liability to compensate for damages to property or personal
interests is also stated in Clause 8
It also highlights need to adhere to other regulatory institutions like
EMCA Act of 1999 (clause 30
(b)) and requirement to get prior approval for survey and laying of
supply lines (clause 46) from the
land owners.



2.7        Electric Power Act of 1971
This act gives guidelines of the amendments and consolidation of the laws
relating to generation,
transmission, transformation, distribution, supply and use of electrical
energy for lighting, connecting
and other purposes.

RELEVANCE - It is important to observe the conditions herein when
implementing this high voltage
transmission line.

2.8              The Agriculture Act, Cap 318 (Revised 1986)
This Act has the stated objectives to promote and sustain agricultural
production, provide for the
conservation of the soil and its fertility, and stimulate the development
of agricultural land in
accordance with the accepted practices of good land management and good
husbandry. Authorized
officers are empowered to prohibit the clearing of vegetation and the
grazing of livestock and to
require the planting of trees to protect the soil from erosion, as well
as impose penalties under the
Act.
    RELEVANCE -KPLC be required to liaise with the ministry of
Agriculture in areas where trees will
be required for way leave purposes, as well as compensation values of
crops.

2.9              Wildlife Conservation and Management Act Cap 376
The Act protects conserves and manages wildlife by regulating and
prohibiting activities that
interfere with wild life like burning, damage of scenery or scarification
of land.




22
Resettlement Action Plan for the Proposed 66 kV Transmission Line


RELEVANCE - It is important in this project because prior authorization
has to be sought to reside
and work in the park.




2.10            Government Land Act Cap 280
This Act provides for regulation of leasing and other disposal of
Government lands and for other
purposes. More specifically, it provides for the allocation of un-
alienated land to any person the
President so wishes. Upon allocation, such land is held as a grant from
the Government on payment
of such rents as prescribed by the Commissioner of Lands.

RELEVANCE - The transmission line will be traversing upon un-alienated
parcels of land that will
require be granting Way leaves by the Government and setting aside when
alienation will take
place.

2.11            Land Titles Act Cap 282
This Act makes provisions for the removal of doubts that have arisen in
regard to titles to land and to
establish a Land Registration Court. Specific provisions include
guidelines on adjudication of claims,
and registration of documents after certificate of ownership is granted.

The above act is also accompanied by subsidiary legislation, that is;

            •   The Land Titles Rules;

            •   The Land Titles (Fees; Custody of Documents) Rules

            •   The Land Titles (Fees; Land Registration Court) Rules

            •   The Land Titles (Survey Fees)Rules; and

            •   The Land Titles (Registration Fees) Rules; 1994

RELEVANCE - This law will ensure that the bonafide land owner recognized
by law is duly
compensated where such parcels are affected by the power line.

2.12            Registration of Titles Act Cap 281
This Act provides for the transfer of land by registration of titles.
Parts within the Act elaborate on
mechanisms of bringing lands under the Act, grants, transfers and
transmissions of land, registration
of titles, and mode and effect of registration, transfers, leases,
charges, powers of Attorney and
rectification of titles, among others.

RELEVANCE - It duly recognized the registered ownership which is
important when KPLC will need
to compensate for loss of land use along the Way leave4 corridor




23
Resettlement Action Plan for the Proposed 66 kV Transmission Line


2.13           Land (Group Representatives) Act Cap 287
This Act provides for the incorporation of representatives of groups who
have been recorded as
owners of land under the land Adjudication Act, and for related purposes.
The Act, also elaborates
on the incorporation of group representatives and administration of
groups.

RELEVANCE -The line is passing over land parcels under group registration
e. g kedong ranch
among others. It is important to recognize interests of all parties when
getting Way leaves from
authorized representatives and the land compensation.

2.14           Trust Land Act Cap 291
This Act establishes guidelines for the setting apart of trust land. The
Commissioner of Lands or
Councils under which Trust land is vested can set apart land for public
use as well as guidelines on
how land is allocated or lease out.

Subsidiary legislation under this Act includes;

       •   Trust Land (way leaves for Electric Lines) Rules;

       •   The Trust land (removal of Forest Produce) Rules;

       •   The Trust land (removal of Common Minerals) Rules and;

       •   The Trust land (conveyance Fees) Rules, 1994 among others

RELEVANCE - The power line will traverse over trust land held by councils
that will require Way
leaves. These Rules apply to all Trust and, and states that a way leave
license is granted under
section 38, for the purposes of erecting or laying an electric line over
or under land. The way leave
license grants the licensee the right to enter the acquired land as
reasonably necessary for the
purpose of placing and maintaining an electric line across or under the
said land, and of replacing
the same or any part thereof, and of keeping clear a track parallel with
tree, crop or shrub which may
obstruct or interfere with the working of electric line. However, the
licensee is required to give the
owner of such trees, crops or shrubs three days notice in writing to do
the same.

2.15             Registered Land Act Cap 300
The above act makes further and better provides for the registration of
title to land, and provides for
regulation of dealings in land so registered, and for purposes connected
therewith.

RELEVANCE - The Act further elaborates on the organization and
administration of the act, the
effect of registration, title deeds, certificates of lease and searches,
instruments and agents,
transmissions and trusts, restraints on disposition, rectification and
indemnity, and decisions of
registrars and appeals.




24
Resettlement Action Plan for the Proposed 66 kV Transmission Line


2.16               Land Control Act Cap 302
This Act provides for controlling of transactions in agricultural land.
The Act further elaborates on the
establishment of land control areas and boards, the control of dealings
in agricultural lands, and
rules governing appeals Boards. This Act controls sub-division of
agricultural land. Since this land
restricts transfer of land therefore has some bearing on flexibility of
affected farmers who may
require getting alternative land for residential purposes, the important
section (9) states economic
size for agricultural land sub-division that is allowable.

RELEVANCE - This law controls subdivision of agricultural land. The power
line is traversing over
agricultural land.


2.17              World Bank Group Safeguard Policies
OP 4.12:           Involuntary Resettlement
The World Bank Group OP 4.12 on Involuntary Resettlement is applied as a
safeguard by
international banks signatory to the “Equator Principles”. Its main
provisions are the following:     All
viable alternative project designs should be explored to avoid or
minimize the need for resettlement
and when it cannot be avoided, to minimize the scale and impacts of
resettlement;
       i.  Resettlement measures are to be conceived and executed as
development activities
           providing sufficient resources to give the persons displaced
the opportunity to share in
           project benefits. Assistance should be given to the community
in their efforts to improve
           former production levels, income earning capacity and living
standards or at least restore
           them to the levels they would have without the project;
      ii.  Displaced persons should be:
              a. Compensated at full replacement cost prior to the actual
move;
              b. Assisted with relocation;
              c. Assisted and supported during the transition period.
     iii.  Particular attention should be given to vulnerable groups;
     iv.   Communities should be given opportunities to participate in
planning, implementing and
           monitoring their resettlement;
      v.   Resettlers should be helped with integration into their host
community;
     vi.   Resettlement should be linked to the main project
implementation schedule, so that Project
           Affected People should be resettled and/or compensated before
being affected by the
           construction or other activities;
    vii.   There should be adequate monitoring and evaluation;
viii.      The project sponsor should be encouraged to offer replacement
land. Cash compensation
           may be appropriate when residual land holdings are
economically viable. For households
           who lose assets / income are large enough to make the
remainder unviable, compensation
           should be provided as if entire holdings had been taken;
    ix.    For losses that cannot easily be valued or compensated in
monetary terms e.g. access to
           public services, customers or suppliers, fishing, grazing land
or forests, attempts must be


25
Resettlement Action Plan for the Proposed 66 kV Transmission Line


        made to establish access to equivalent and culturally acceptable
resources and earning
        opportunities.




OP 4.10:            Indigenous People
Indigenous peoples are defined as social groups with a social and
cultural identity distinct from the
dominant society that makes them vulnerable to being disadvantaged in the
development process.
Indigenous peoples can be identified by the presence in varying degrees
of the following
characteristics:
    •    A close attachment to ancestral territories and to the natural
resources in these areas,
    •    Self-identification and identification by others as members of a
distinct cultural group,
    •    An indigenous language, often different from the national
language,
    •    Presence of customary social and political institutions,
    •    Primarily subsistence-oriented production.
The Directive sets out policy objectives, guidelines for the design and
implementation of project
provisions and processing and documentation requirements if indigenous
people are affected by a
project.


In conclusion the proposed 66 kV sub transmission line project will be
implemented in compliance
with Kenyan legislation ad policy framework and The World Bank safeguard
policies. If there will be
any gaps during the project implementation phase between the Kenyan legal
and policy framework
and the World Bank's OP 4.12 regarding compensation/resettlement issues,
the World Bank OP
4.12 will be followed to the latter.

2.18            Land Related Legal Issues
Interests in land broadly fall into two groups. Rights that are held
through traditional African systems
and rights that derive from the English system introduced and maintained
through laws enacted first
by colonialists and later by the Independent Kenya governments. The
former is loosely known as
customary tenure bound through traditional rules (customary law). The
latter body of law is referred
to as statutory tenure, secured and expressed through national law, in
various Acts of Parliament.
a. Customary Land Tenure: This refers to unwritten land ownership
practices by certain
communities under customary law. Such tenure still exists in large parts
of the country where land
has not been adjudicated and registered. Its management falls within
Trust Land Act, Cap 291.


RELEVANCE - KPLC will have to establish individual interests in matters
of way leave consents and
future land compensation needs


b. Statutory Tenures: Categorized in two forms:




26
Resettlement Action Plan for the Proposed 66 kV Transmission Line


    i.       Freehold tenure: This tenure confers the greatest interest
in land called absolute right of
             ownership or possession of land for an indefinite period of
time, or in perpetuity. The
             Registered Land Act (RLA) Cap 300 of the Laws of Kenya
governs freehold land.
    ii.      Leasehold Tenure: Leasehold is an interest in land for a
definite term of years and may be
             granted by a freeholder, usually subject to the payment of a
fee or rent and is subject to
             certain conditions, which must be observed. e.g. relating to
developments and usage.


RELEVANCE – KPLC to Establish Grants of Way leaves/Easements By
Registered Land Owners.
c. Public Tenure: This is land owned by the Government for own purpose
and which includes
unutilized or delineated government land reserved for future use by the
Government itself or may be
available to the general public for various uses. The land is
administered under the Government
Lands Act Cap 280.


d. Other Interests include:
         •   Reservations of government or trust land to government
ministries, departments or
             Parastatals for their use.
         •   Non-formalized defacto tenure by which people, individually
or in groups invade and occupy
             other peoples/or government land particularly in the major
urban centers.
         •   Minor interest such as easements, way-leaves and temporary
occupation licenses.
RELEVANCE – KPLC to establish relevant authorities for compensation and
issuance of easement
over Trust Land as set out in the Act.


2.19         Valuation and Related Legal Issues
Valuation is the art or science of establishing the worth of a particular
interest in property for a
specific purpose and at a particular moment in time. It considers all the
features of the property,
demographics, topography as well as the underlying market drivers. The
valuation practice in Kenya
is governed by the Valuers Act Cap 532, which provides for a Valuers
Registration Board that
regulates the activities and conduct of registered valuers. Valuers in
Kenya are registered upon
application to the Board and are required to be full members of the
Institution of Surveyors of Kenya
(ISK). The Act governs the formation and guidelines of valuation
practices including the annual
licensing and gazettement of Valuers for practicing the profession. The
Board also deals with ethics
of the profession as well as registering complaints, disciplining and
deregistering unethical
members. Statutes that govern valuation in relation to this project are
the Government Lands Act
Cap 280 that regulates the valuation for land rent while valuation for
rating is governed by the Rating
Act Cap 656. Land Acquisition Act Cap 295 governs valuations for
compulsory acquisition purposes.

RELEVANCE – Valuation for compensation of land and replacement of assets
that are under the
RoW will be done by Registered and licensed valuers. The valuation
procedures and values arrived
upon under specified regulations and guidelines governed by the
profession and Laws.




27
Resettlement Action Plan for the Proposed 66 kV Transmission Line




2.2.1 Summary of Valuation Process Relevant to ESRP RAP


The table below gives a summary of valuation process that complies with
the Laws of Kenya and
hence the World Bank safeguards policies. The following will be the
process for the valuation of
assets and ultimately compensation.


Table 2: showing the process for the valuation of assets and ultimately
compensation.


Asset                  Process
Land            with Steps:
structures                a. A detailed inventory of all persons,
possessions, assets and stock
                              requiring resettlement was made by the RAP
consultant.
                          b. Accurate and real valuation of business
structures was undertaken.
                          c. Determining a compensation package according
to valuations was carried
                              out.
                          d. Allow a reasonable time period prior to
moving, for salvage of building
                              materials. PAP’s may salvage any material
without this being deducted
                              from compensation entitlements.
                       Recommendations:
                          a) KPLC will pay compensation for the affected
housing structures at market
                              rates of construction materials.
                          b) The owner will be entitled to remove any
materials he or she wishes to
                              salvage within one month of vacating the
old dwelling.
Land         without      a) Inventory: As part of the RAP phase the KPLC
will acquire names and
structures                    contact details of all persons affected by
the project.
                          b) Compensation: The RAP data sheet spells out
how each person is
                              affected and indicates how much
compensation will be paid. Crops and
                              trees will be compensated as they are
damaged during construction in
                              accordance with KPLC crop and tree damage
schedules.
                          c) Payment: The line passes along 474.4ha of
privately settled land. Out of
                              this 75 ha is land without structures. KPLC
is therefore compelled by law
                              to compensate the PAPs on Land.
Lost business          Where business will be affected compensation will
be paid according to Valuation
profits and            & Audited results of the enterprises monthly
income.
employee
earnings
Crops/Trees on            a) Tree/seasonal crops: Harvesting of the crops
will be given a first priority
the fields                    but where harvesting is not possible,
counting of the affected crops will be



28
Resettlement Action Plan for the Proposed 66 kV Transmission Line


cultivated by                done by a registered valuer and KPLC agent
in the presence of the
those affected.              owner. Computation of the costs will be done
according to market
                                     1
                                rates and payments thereafter made either at
KPLC offices, or through
                              the local chief’s office.
                           b) Annual crops: Crops will be harvested by the
owner and therefore no
                                compensation will be paid for crops. In
instances where crops are not
                                harvested, KPLC will pay compensation at the
market rates in accordance
                                with their crop and tree damage schedules.


2.3 Dispute Resolution and Arbitration of Disputes
The practice of domestic and international arbitration in Kenya is
conducted within the framework of
the 1995 Arbitration Act and is interpreted as: "any arbitration whether
or not administered by a
permanent arbitral institution". The Act follows the UNCITRAL model
almost word for word but with a
number of glaring omissions: notably no provision for costs and interest,
nor any provision for appeal
in international arbitrations. These omissions are dealt with by the
Rules of an active local branch of
the London-based Chartered Institute of Arbitrators, being an amalgam of
Rules established by
leading international arbitral institutions and providers such as the
London Court of Arbitration and
the ICCA.


In addition to ratifying the UNCITRAL Model Law, Kenya has also ratified
the New York Convention,
the WTO and WIPO Treaties relating to arbitration. The Kenyan branch of
the Chartered Institute of
Arbitrators, founded in 1984, is recognized as the professional body for
the annual training and
examination of those seeking to qualify as arbitrators; it also acts as
the appointing body where
stipulated in contract.


Kenya's Dispute Resolution Centre (DRC) is an independent, not-for-profit
organization that
promotes the prompt, effective and economic resolution of disputes
through arbitration,
predominantly mediation, expert determination and early neutral
evaluation. This is a resource that
could be called upon by the stakeholders to arbitrate. They would be of
particular use should
disputes around the compensation and resettlement process arise.


In addition, there are a series of customary avenues that have been set
up to deal with dispute
resolution and they will be employed as the "court of first appeal",
where relevant.


2.4 Grievance Redress Mechanisms
Grievance redress mechanisms are essential tools for allowing affected
people to voice concerns
about the resettlement and compensation process as they arise and, if
necessary, for corrective
action to be taken expeditiously. Such mechanisms are fundamental to
achieving transparency in
the resettlement process. The suggested dispute or grievance mechanisms
are as follows:



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Resettlement Action Plan for the Proposed 66 kV Transmission Line




Disputes will be referred to KPLC and then if necessary, the PAP RAP
committee will be asked to
provide a recommendation as to how it is to be addressed. If deemed
necessary by the PAP
committee the case will be re-investigated and, depending on the nature
of the issue, referred to the
National Environmental Tribunal or Public Complaints Cornmittee.
Information about all dispute and
grievance procedures is to be disseminated, through consultative forum.
The PAPs committee
secretary or nominated agent (in the absence of the secretary) will keep
a written record of all
disputes/grievances raised and dealt with during the resettlement and
compensation process. These
records will be monitored regularly by the PAPS Committee and by the
independent Monitoring
Team. This will be undertaken as part of the on-going monitoring and
evaluation process.




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Resettlement Action Plan for the Proposed 66 kV Transmission Line



                                  Chapter 3 Project Area

3.0 EARMARKED PROJECT AREAS
This chapter briefly discusses the earmarked project areas for ESRP
project. Some of the
project sites will have to experience demolition as discussed in the
subsequent sections. The
main reason being advanced in justification by KPLC for the demolitions
and evictions on the
transmission power line way leaves is that it is dangerous for people to
live and/or operate
businesses near the 66 kV transmission power lines. That position is
indisputable and is in line
with government Lands Act and the Energy Act, 2006. However, The Current
Situation in the
settlements along the way leaves trace and road reserves is extremely
complex since according
to historical context, some PAPs occupied the sites as early as before
1995. This is a fact that
any solution to the current PAPs problem must consider.


3.1 Nairobi Area
This project area will involve approximately 65 km of power line
construction from Nairobi North
Substation. Nairobi North substation is within KPLC Nairobi Region which
covers all the KPLC
facilities within Nairobi and extends to the outskirts of Nairobi,
including Athi river area. The
main features of the climate within this area are the existence of
definite wet and dry seasons,
and the absence of any large seasonal change in temperature.


3.1.1 Nairobi North substation:
It is actually located in Kiambu District about 65 km from Karura
Township. It was commissioned
in 2003. It lies on the Northern side of Nairobi city at an altitude of
about 1800 m above the sea
level. The site is characterized by red volcanic soil suitable for growth
of coffee, maize and other
horticultural crops. Two lines of 220 kV from Juja and Olkaria via steel
pylons/towers supply the
substation. The area is a high potential zone and receives an annual
average rainfall of about
1600 mm. Temperatures are relatively low for most parts of the year and
averages about 15°C.
The topography consists of ridges and valley landscape with steep slopes.
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Resettlement Action Plan for the Proposed 66 kV Transmission Line

The figure 3.1 shows a section of existing Nairobi North substation.




The construction of a total of 65 km of 66 kV lines from Nairobi North
substation will be:
    •   Construction of 66 kV lines circuit for about 32 km from the
Nairobi North substation to
        Westlands substation along the existing road reserves
    •   Construction of 66 kV lines circuit for about 33 km from the
Nairobi North substation to
        Kabete substation along the existing road reserves


The proposed 66 kV power line shall criss-cross the road reserve which is
being used as an
agricultural farmland. This land has trees such as eucalyptus, Grevilla,
Cyprus, Wattle trees,
various field crops including coffee, maize, forage as well as buildings
on it. This is a densely
populated area and has high commercial and social interaction with the
city of Nairobi.


3.1.2 Nairobi North - Limuru Road - Ndenderu Junction
The power line construction will traverses road reserve from Nairobi
North substation to Limuru
road. It will then run along Limuru road to Kikuyu-Ndenderu and Limuru
road junction, where
there are a few kiosks located on the proposed power line path. Several
businesses are
undertaken at the junction and along the road reserve in structures
mostly constructed of wood
and/or iron sheets, galvanized iron sheet roofing and cemented floors.



3.1.3 Ndenderu Junction to Lower Karura Market
Along this trace the proposed power line construction will run on the
right hand side of the road
leading to Karura market from the Ndenderu junction, the trace is clear
of structures up until the
market where there are some kiosks built on the road reserve. The kiosks
are of wooden walls
with galvanized iron sheet roofing and cemented floor.
The photos showing a section of kiosks in Karura market.

32
Resettlement Action Plan for the Proposed 66 kV Transmission Line




There are also some temporary stalls in the market which are also
affected by the project trace.
The consultant proposes that the stall owners should be relocated just
within the market so that
they do not loose on business and customer. There was a permanent
structure within Karura
market next to road reserve which will have to be demolished. As the line
approaches Wangige,
there is stone mining at a nearby quarry. Most of the miners live in
temporary structures around
the area. These structures are located on the road reserve opposite the
side of the road along
the proposed line route.




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Resettlement Action Plan for the Proposed 66 kV Transmission Line

The photos showing various structures in the road reserve to be
demolished




The existence of quarry site at the right hand side was seen as possible
impediment to the
proposed line route since the earth surface where the route will pass has
been dangerously
excavated. The quarry poises a potential danger in case the stone miners
are not advised to
take care of the power poles above the quarry. Since this quarry is a
source of income it may be
advisable to relocate this part of the power line to the other side of
the road opposite the quarry.
In this instance where the power line is moved to the other side of the
road then the structures
where the miners live in will have to be demolished and be compensated.



3.1.4 Lower Karura Market to Wangige Market
Along this section of the trace there are no structures affected up to
Wangige market. At the
busy Wangige market centre several structures are affected. Most of the
affected structures are
rental where businesses are being undertaken and generally wooden with
iron sheet roofing.




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Resettlement Action Plan for the Proposed 66 kV Transmission Line



3.1.5 Wangige Market through Lower Kabete road junction towards Westlands
At the Kabete road junction, the Line separates as one heads towards
Kabete substation and
the other towards Westlands substation. The part that runs up to proposed
Kabete substation
will have no demolitions as there are no structures along the proposed
line route. However, the
line that proceeds to Westlands had several structures along the line
route especially around
King’eero /Kamuthini area. Most of the structures are of wooden
structure, iron sheet roofing
and cemented floor. There is also one semi-permanent house on the road
reserve. These
structures are dangerously built under the existing power line and will
have to be demolished
since the proposed 66 kV will pass along the same area.
.




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Resettlement Action Plan for the Proposed 66 kV Transmission Line



                                          Chapter 4


                   Socio Economic Status of the Affected Persons

4.1 Introduction
This section describes the socio economic status of the affected persons.
The statistics given
largely describe status of the persons to be affected directly by the
line. As noted earlier, the
design of the line has been such that it passes along the road reserve as
much as possible so
as to avoid land acquisition. The project site is occupied by the kikuyu
community and there is
no any group of people who will require special attention accept the
people who are living within
the informal settlement.

4.2 Methodology
Data collection was done through a combination of methods to ensure
adequate and reliable
data is collected. The methods included interviews and consultations with
the affected
communities. A standard questionnaire was used for the socio economic
survey and another
questionnaire was used for the census survey. Observations and
measurement were done for
the purposes of valuation of the assets. Data entry and analysis was done
using statistical
package for social sciences.

4.3 Education level
Of the surveyed population, 40% had attained secondary education while
37.5% had attained
primary education. The rest of the population 10% had no formal education
while 12.5% had
attained college education




     . .


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Resettlement Action Plan for the Proposed 66 kV Transmission Line




4.4 Housing
In terms of housing most people live in semi-permanent and temporary
houses as indicated by
the statistics 45% and 40% respectively. Most of the houses are owned by
the respondents with
a few being rented. The permanent houses are made of stone and irons
sheets as roofs that
accounts 15% while the semi-permanent are made of iron sheet walls




4.5 Income
Regarding average income earnings per month, less than half of the
respondents (37%) earned
above Kshs 10,000 while 15% earned less than 1,000 Kenyan shillings.




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Resettlement Action Plan for the Proposed 66 kV Transmission Line




4.6 Occupation
Majority of the people (77.5%) to be affected earned their livelihoods
from business, while 10%
were in formal employment. 5 % were casual labourers and 2.5% were not in
any occupation.
along the route the line will pass are farmers doing subsistence farming.
Main crops grown are
maize, beans, bananas, vegetables such as kales, potatoes and nappier
grass for cattle.


     occupation

     Not employed

     2.5%

     Casual labourer
     5.0%

     Formal employment

     10.0%
                                                               Farming
                                                                 5.0%




                                                              Business

                                                                77.5%




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Resettlement Action Plan for the Proposed 66 kV Transmission Line

4.7 Infrastructure
The line passes along the Nairobi-Limuru road then turns at Ndenderu
shopping centre within
Karura location to Karura shopping centre to Wangige market then Kingeero
shopping center.
At Kingeero it turns to follow Lower Kabete road then branches to go to
Kabete (ILRI) and to
Westlands. Road network along the proposed sub transmission line is
tarmacked apart from the
section where the line turns to Kabete (ILRI). Wangige market is big
forming a meeting point
where farmers within the mentioned areas come to sell their produce.

Public facilities along the line include schools, churches and health
centres. The schools include
Wangunyu primary, Karura primary Ndenderu primary, Muia primary, Ndararua
primary and
Kingeroo primary among others. The line will also pass through Lower and
Upper Kabete
campuses of University of Nairobi. Health facilities include Karuri
health centre, Kihara and
Wangige dispensary. Main churches include Anglican Church of Kenya,
catholic, full gospel
among others.

4.8 Sources of water
The main source of water for the respondents was river and borehole. The
rest of the population
fetched water from tapped water (12.5%) and shallow wells 20%.




    Main source of water
                             Frequency         Percent
    Tapped water             5                 12.5
    Shallow well             8                 20.0
    Borehole                 12                30.0
    River                    15                37.5
    Total                    40                100.0

4.9 Land
Land tenure in the area is private\free hold, public and under trust.
Most of the land where the
line will pass is private land but no land will be acquired as the line
largely is on the road
reserve. Some sections of the road reserve is mainly used for subsistence
farming with some
having residential structures that will be affected completely.

4.10 Transport
Transport means in the area is by road using public means and private
vehicles.
Communication is mainly by mobile telephony and land lines.


4.11 Sources of energy
The sources of energy for lighting are paraffin as indicated by 45% and
electricity as shown by
52.5% of the respondents. Cooking is mainly by wood energy, charcoal and
gas

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Resettlement Action Plan for the Proposed 66 kV Transmission Line


    Source of         energy   for
    lighting                         Frequency    Percent
    Paraffin                         19           47.5
    Electricity                      21           52.5
    Total                            40           100.0


4.12 Impacts of the project
Respondents noted that the project will have varied positive impacts. The
main impact
mentioned by 42.5% was that people will enjoy a better source of power.
Further, 42.5%
observed that there will be enhancement in business opportunities with 10
% noting that the
project will lead to improvement in security. a small percentage 5% did
not comprehend any
positive impacts from the project.


                               Positive impacts

       Security improvement
       10.0%

       None

       5.0%


                                                      Business enhancement

                                                                    42.5%




       better source of pow
       42.5%




Despite the project being seen to bring positive impacts, respondents
were quick to note that
there may be some negative impacts from the project. One of the main
negative impacts of the
project mentioned was relocation of the people by over 55% of the
respondents. 27% felt that
there will be business loss due to relocation and 17.5% felt that the
project may lead to
accidents. However, they were optimistic that the project positive
impacts outweigh negative
impacts.




40
Resettlement Action Plan for the Proposed 66 kV Transmission Line


     Negative impacts

     Business loss due to
     27.5%




                                                   Relocation

                                                      55.0%




     Accidents
     17.5%




4.13 Vulnerable groups
Individuals from vulnerable groups are often physically weaker, and may
need special help in
the relocation/disturbance phase. In particular, female and child headed
households may lose
out to more powerful households when assets will be demolished to make
way for the proposed
project. Vulnerable groups identified include the aged and orphaned and
the physically disabled.
KPLC should pay close attention to these groups to afford them maximum
protection during
compensation. An estimated ten households had orphaned children who are
in the custodian of
their grandparents. Regarding physical disability, four households had
member that were
physically disabled. The study found that nineteen households had either
the wife or the
husband being aged 60 years and above.




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Resettlement Action Plan for the Proposed 66 kV Transmission Line



                                            Chapter 5


                       IMPLEMENTATION AND ACCOUNTABILITY
5.1 Implementation
The implementation of the resettlement action plan anticipated in this
document is of primary
concern to KPLC. This calls for an orderly structure for administering
the RAP.


5.1.1 Organizational Structure
The organizational structure elaborates on the role of various
stakeholders in administering the
RAP. It further clarifies the role of PAPs and their responsibility in
the exercise in relation to the
stakeholders.


5.1.2 KPLC Resettlement Unit (KRU)
KPLC will provide both the financial input into the resettlement process
as well as significant
additional managerial and technical expertise. To this end, KPLC is to
constitute a resettlement
unit as soon as possible after the completion of the RAP final report.
The structure of the unit
shall be as follows:
    •   Environmental Manager-Associate Environmental Expert registered
by NEMA
    •   Compensation Manager
    •   Compensation and Resettlement Officer
    •   Community Liaison Officer
    •   Database Officer
    •   Field Survey Staff
    •   KPLC registered Valuer


The following is anticipated to be the role played by KPLC Resettlement
Unit (KRU). It will:
    •   Oversee the implementation of the RAP.
    •   Oversee the formation of PAP RAP Committee (PRC)
    •   Ensure maximum participation of the affected people in the
planning of their own
        resettlement and post resettlement circumstances.
    •   Accept financial responsibility for payment or compensation and
other designated
        resettlement related costs.
    •   Ensure detailed valuation of the structures in order to determine
the case to case value
        of each component of the project and agree upon a value for
compensation.
    •   Pay the affected people compensation to the amounts agreed.


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Resettlement Action Plan for the Proposed 66 kV Transmission Line

    •   Ensure monitoring and evaluation of the PAPs and the undertaking
of appropriate
        remedial action to deal with grievances and to ensure that income
restoration are
        satisfactorily implemented.


The KRU will undergo various training in regard to resettlement and
compensation related
courses so as to sharpen their skills in regard to this project
implementation.


5.1.3 PAP RAP Committee (PRC)
Under the guidance and coordination of KPLC Resettlement Unit, the PRC
will be formed one
week after the formation of the KRU which will act as a voice of those
affected by the
resettlement and will be a recognized body by the KPLC. The committee
shall comprise of the
following:


             1. Lawyer, Kenya Power &Lighting Co. Ltd.
             2. Valuer, Kenya Power &Lighting Co. Ltd.
             3. Four Project affected people Representatives - to be
appointed by PAPs
             4. Local council representative
             5. District Valuer or any Independent Valuer
             6. Surveyor
             7. The local area chiefs
             8. District Land Adjudication and Settlement Officer
             9. Women representative
             10. Youth representatives


The committee should have a Chair and a secretary appointed or elected by
PAPs, from among
the above proposed committee members. The committee will act as the
primary executive body
in all matters relating to resettlement. It will be constituted in such a
manner as to be regarded
as the primary representative voice of those affected by resettlement and
recognized by KPLC
as such. Under the overall authority of its reporting officer, the
Committee should be constituted
so as to be made up of directly affected stakeholders as well as district
line government
departments that can assist with the implementation of the resettlement
process.
The Committee will look into areas such as:
    •   Public Awareness, it includes extensive consultation with the
affected people so that
        they can air their concerns, interests and grievances.
    •   Compensation: this involves ratifying compensation rates and also
serves as dispute
        resolution body to negotiate and solve any problem that may arise
relating to



43
Resettlement Action Plan for the Proposed 66 kV Transmission Line

        resettlement process. If it is unable to resolve any such
problems, will channel them
        through the appropriate grievance procedures laid out in this
RAP.
     •  Monitoring and Evaluation this involves developing the monitoring
and evaluation
        criteria
     •  Logistics: this involves exploring all mechanisms by which RAP
can be implemented
     •  Employment and Training, this involves employment protocol in the
project (if any) for
        those who can not find alternative employment.


5.2 Community Consultation
Resettlement or compensating PAPs needs communication or dialogue with
the stakeholders,
as such it is a never ending exercise, until implementation of RAP is
over. This has been
enshrined in Principle 2 of RAP guiding principles. Extensive
consultation with the potentially
affected persons had already taken off. This has been happening through
ongoing meetings
with project affected people. Property owners have been consulted since
the project came into
being and this process of consultation was formalised during the process
of conducting this
RAP. As such, consultative mechanisms have been structured. Project
Affected Peoples
(PAPS) have been consulted individually and property owners identified.
Major issues
discussed have been:


       •   Mechanisms through which asset valuation will take place.
       •   Mode of compensation
       •   Extent of compensation i.e. who are entitled for compensation and
why.
       •   Where the PAPs will collect their compensation
       •   The proposed date when the project will begin
       •   Cut - off date


In addition to these formal and community meetings, dialogue between KPLC
way leaves
Officers and individual members of the PAPs takes place on a regular
basis and this is
encouraged to continue. During field study, the consultant emphasized the
following to the
PAPs and KPLC personnel.
    •   PAPs were encouraged to make known their issues, claims and
concerns.
    •   PAPs will have right of access to the formally established
grievance process and will be
        entitled to make their complaints known.
    •   The Monitoring Team will have the right to visit and interview
PAPs.
    •   PAPs through the grievance procedure process will be able to
contact the monitoring
        and evaluation team to ensure that their concerns are heard.


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Resettlement Action Plan for the Proposed 66 kV Transmission Line



5.2.1 PAPs Consultation
KPLC personnel will continue to conduct a series of meetings and hearings
with the Project
affected people, informing them of the results of any survey conducted
and the plans for the
area. In these meetings there will also be negotiations to determine when
the actual demolition
will take place. PAP RAP Committee and KPLC Resettlement Unit members
should attend all
PAPs consultation meetings and inform them of the procedures and schedule
for compensation
payment, reorganization and demolition arrangements among others.


5.2.2 Compensation of PAPs
Compensation to PAPs shall be made before demolition commences. This will
be done at either
the KPLC offices or at the local chiefs office, whichever will be
appropriate after approval. After
compensation, a minimum of one month notice shall be given to the
affected people before the
demolition exercise commences, so as to allow relocation and salvage of
necessary asset by
PAPs. Renters shall likewise be given at least one month notice before
actual demolition to give
them ample time to relocate.


Since most of the PAPS in the project sites have occupied road reserves
or way leaves trace,
they are not entitled to any form of land compensation. KPLC has the
right to compensate for
the assets without necessarily relocating. It is upon the affected
persons to identify suitable
points and obtain Temporary Occupation Licence or permission from the
respective local
authorities so as to proceed with their businesses.


5.2.3 Handing Over the site for Stringing and Civil Works
The sites shall be handed over for Stringing and civil works when they
have been cleared of all
the PAPs.


5.2.4 Monitoring and Supervision of RAP Implementation
The RAP will be implemented by the Kenya Power & Lighting Co. Limited. In
view of the
magnitude of the exercise to be carried out, the KPLC Resettlement Unit
is viewed adequate
and competent enough to carry out the monitoring and evaluation. It is
therefore suggested that
KRU carry out this process before, during and after demolitions.


5.3 Implementation Schedules
The critical process of events is as follows:
    •   KRU is constituted


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Resettlement Action Plan for the Proposed 66 kV Transmission Line

    •    PAP RAP Committee is constituted
    •    PAP RAP Committee signs off on the RAP. This constitutes KPLC
acceptance of the
         terms of the RAP.
    •    KPLC draws up offer documents for affected people and advertises
the fact that offers
         will be made.
    •    The affected people review the offers made and enter into
agreements with KPLC.
    •    The affected people will have to identify alternative sites
surrender the land and move off
         the project site. These affected people shall do this on the
basis of "willing buyer-willing
         seller principle".

Below find a detailled implementation schedule for this proposed project.

Activity                       2010
2011
                               J      J   A    S     O     N        D    J
F    M   A   M   J   J
Survey of route selection
Public participation
Property evaluation
Formation of KRU
PAP negotiations and
agreement
Payment of compensation to     Before construction of the line starts
PAPs
Relocation of the PAPs
Wayleave acquisition
Clearing of the wayleave
Construction of the line
Internal monitoring            It should be done throughout the entire
project period
External monitoring            It should be done throughout the entire
project period


5.4 Costs and Budget
The total project cost will be Kshs. 30,706,220.00 which includes Kshs
250,000.00 for the
capacity building for the project implementation team.




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Resettlement Action Plan for the Proposed 66 kV Transmission Line




                                          Chapter 6

                             COMPENSATION AND ENTITLEMENTS

6.1 Introduction
Compensation and entitlements will be triggered by particular and
specific impacts arising from
the project. Using a holistic approach, these impacts emanating from the
project will include
losses both at family and commercial establishments.

6.2 Valuation Methodology
Valuation was conducted in line with Principle 8 of the International
Resettlement Standards
which states that “Resettlement must be seen as an upfront project cost”.
Valuation can simply
be defined as the art or science of establishing the value (worth) of a
particular interest in
property for a specific purpose and at a particular moment in time;
taking into considerations all
the features of the property and also considering all the underlying
factors of the market. All
valuation techniques rely on the collection and analysis of data such as
social, Economic,
Government and Environmental attributes. Specific data include local
market conditions and
details of property transactions such as location, physical and
functional form and legal
characteristics. The value of the property is affected by the rights of
enjoyment or compensation
when such benefit may be alienated.


In Kenya, compensation value requires that the value paid to include all
the other miscellaneous
expenses as well as the injurious affection due to the disturbance to
them. Thus in such
circumstances, the value paid is higher than normal market. Thus the
factors that affect the
value are those that affect the rights on land, thus location, legal
rights and permitted use.
Basically there are five methods of valuation namely:


    •   Comparison Method: while it is true that no two properties can be
the same, this
        method compares like properties. It is the most reliable and
requires an active market
        while adjustments are made to fit specific properties. The
limitation faced by this method
        is lack of data and sometimes misleading data. Comparables may be
biased where the
        seller may sell more or less depending on the needs at the time.
Elsewhere the data
        given may not be correct because of personal secrecy. Thus in
long learn, valuers have
        been able to come up with values per square foot/meter that can
be used in various
        regions and give a reasonable value. Adjustments are made
depending on various
        factors.

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Resettlement Action Plan for the Proposed 66 kV Transmission Line


    •   Investment   Method: on the other hand is based on the expected
future returns and   its
        applicable   where active investment market is available. Just like
comparison method,
        investment   method is limited due to lack of varied data.


    •   Cost approach method: this is where the property value is
assessed based on the cost
        of   buying   the   site   and   constructing   the   building.
It   is   based   on   the
        reproduction/replacement value.


    •   Profit method: this method is used in absence of sufficient
rental or sales evidence and
        where the hypothetical purchaser would base his/her offer of
profit from the business
        conducted from the property.


    •   Residual method: this is applied to property with development
potential either
        undeveloped or partially developed.

6.2.1 Basis for Valuation
The corridor that will be required for the construction of the wayleave
will be acquired from the
road reserve and the amount of award for compensation depends on the
number of structures
to be affected, the length and width of the wayleave. The valuation is
based on the principal of
fair market value which is normally determined by the various valuation
methods used
internationally.

6.2.1.1 Valuation of Structures
If structures are primarily for investments purposes, then the ‘income
approach’ is sometimes
used. However, the preferred method of valuation is the ‘replacement
cost’ method. It is based
on the theory that the market value of an improved parcel can be
estimated as the sum of the
land value and the depreciated value of improvements. In other words -
subtracting the land
value from the overall value of the land and built structures will give
you the value of the
structures. Replacement value requires the estimate of land value,
accrued depreciation and the
current cost of constructing of improvements. Depreciation is deducted
from the current cost of
construction to get an estimate of improvement value.

In carrying out replacement cost value three steps are required:
    •   Data collection: descriptive data on the improvement being valued
    •   Determining an accurate cost of estimate: expenditure involved in
completing a house
        based on replacement cost or reproduction cost. Reproduction cost
is the cost of
        constructing an identical structure by using the same design and
materials. Replacement



48
Resettlement Action Plan for the Proposed 66 kV Transmission Line

        cost is the cost of constructing a substitute structure of equal
utility using current
        materials, design and standards.
    •   Estimation of accrued depreciation – which is the loss in value
from replacement cost
        new.


6.2.1.2 Valuation of Crops
Compensation of crops is decided according to the gross market value of
the lost crops. Gross
market value makes full provision for owners’ crops or users input
already expended (labour,
seeds, fertilizer etc) in the event that there is a crop in – ground at
the time of acquisition. There
are two determinant of gross or full market value which are market value
for crops and the
average annual yield of the crop. The price used to calculate
compensation is the highest
market price of the crop during the year. The average annual yield of the
crop involves some
degree of data collection and analysis.


6.3 Eligibility
Eligibility for compensation will be for those who will be directly
affected by the project. The
project affected persons will experience the losses described below

6.4 Loss of Assets
Although the line has been designed to follow the road reserve as much as
possible there are
some individual assets that will be affected as they lie on the way leave
trace. Much of the
assets to be affected include residential buildings and business
structures as noted during the
census survey. Categories of residential houses to be affected include
permanent houses,
semi-permanent and temporary. Majority of the houses to be affected are
temporary. Some of
the residential houses to be affected include those occupied by
administration police at the
Karura chief’s camp. It is encouraged that PAPs who will lose residential
buildings be
compensated to build their houses within their land where possible based
on replacement costs.

6.5 Loss of Livelihood
Majority of the PAPs work at nearby centers and a nearby stone quarry.
There are those who
live within their business establishment. Further some business owners
have employed people
to run their businesses. In such a case employers and the employees in
the affected businesses
may lose income. There are a few cases of those who own kiosks and rent
out to others and
benefit from rent incomes. PAPs also have some food crops along the way
leaves trace/road
reserves and these will be cleared during line construction. Since these
are seasonal crops, the
project construction should take place when crops are harvested.

There are also exotic trees along the trace that will be cut to pave way
for the project. These will
be cut during construction and will be compensated on the ground using
KPLC rates for tree
compensation as the trees are not of the same size and age.



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Resettlement Action Plan for the Proposed 66 kV Transmission Line

6.6 Categorization of the PAPS
The PAPS categories are as follows:


6.6.1 Loss of Structures (Kiosks, stalls, residential and other
buildings)
    • PAPs who will lose structures such as residential and are on their
own land
    • PAPs who will lose residential structures but are on the road
reserve
    • Those who will lose business structures
    • Those who will lose opportunity for business because they have
rented
    • Those who will lose both business and the structures
    • Those who will lose business opportunity but can move their
containers’ which are used
       as shop/kiosk
    • Those who will lose food crops and trees.


6.7 Restorative Courses of Action
To minimize negative economic impact of business enterprises payment
should be made in
good time to allow the owners relocate their businesses. This is because
they rely on the nearby
communities for business. Since majority of the structures to be
demolished are within road
reserves the affected will not receive compensation for land.

6.8 Entitlement Matrix
Compensation will be to PAPS whose assets will be demolished and will
need to move their
assets to pave way for the project e.g. PAPS who operate businesses in
moveable containers.
These will be compensated the cost of transport for relocation. Those
whose business
establishments will need to be moved but have to be brought down will be
compensated for the
structures. This is the same case with residential buildings.

    No   Type of loss        Entitled person       Legal
Restorative
                                                    requirement
compensation
    1    Land                Owners of land        Compensation for
Legal requirement
                             through                the area of land
entitlement
                             customary or           affected at
                             legal acquisitions     prevailing market
                                                    rates
    2    Main structures   Owners           of   Compensation of
Same as the legal
         affected          structures            the entire
entitlement
         (residence/       including             structure at
         commercial).      Kiosks, and stalls    replacement cost
                           in the project area   as determined by
                           who have no title     valuation without
                           declaration to the    deductions for
                           land and or other     salvaged building

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Resettlement Action Plan for the Proposed 66 kV Transmission Line

                           acceptable              material. Provide
                           proof                of relocation fee
                           ownership

    3   Other fixed assets Owners of fixed        Compensation for
Same as the legal
        and or structures assets and              affected structure
entitlement
                           structures              without
                                                   deductions for
                                                   salvage building
                                                   materials

    4   Business           Renters           of Disturbance             No
legal
        opportunities      affected             allowance
entitlement
                           shops, kiosks and
                           stalls


                           Business persons        Cost of moving No legal
                           operating               the
entitlement
                           businesses       in     containers
                           movable
                           containers
                           Owners           of     Rent allowance
                           business     stalls     equivalent to one
                           they have rent out      month of rent of a
                                                   similar structure
                                                   within the same
                                                   area

    5   Crops/trees        Owners                 Compensation of
legal entitlement
        affected                                  the affected trees
                                                  at prevailing
                                                  market rate

    6   Water facilities   Project affected        Compensation to
Same as the legal
        e.g. borehole      persons with           cover cost of
entitlement
                           facility                restoring the
                                                   facilities
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Resettlement Action Plan for the Proposed 66 kV Transmission Line



                                           Chapter 7


                           MONITORING AND EVALUATION

7.1 GENERAL CONSIDERATIONS
The Government of Kenya is responsible for the compensation payment
through the Central
Resettlement Committee, which will be responsible for resettlement. Since
the Government is
the owner of the project through the KPLC, it will assume responsibility
for providing the funding
for monitoring to ensure that resettlement is properly implemented as
stated in the World Bank
OP 4.12 and in line with guidelines provided in this RAP and any of its
updates modified before
the project starts. Further, it will ensure that grievances are promptly
addressed. The vulnerable
groups will be handled with care during the compensation exercise in
order to ensure that their
livelihoods are not worsened further. Monitoring will take place at two
levels.

7.2 Internal Monitoring
Internal monitoring is conducted by a suitably qualified person within
KPLC. An independent
compensation committee to spearhead the grievance and verification
exercise for each local
area should be formed. Further, the community level administration will
also conduct their own
monitoring and/or in collaboration with KPLC and the Ministry of Energy.

7.3 External Monitoring
External monitoring will be conducted through a contracted independent
body. The external
Monitoring Team should visit the project area at least thrice per year.
The monitoring team
should ensure that:

    •   Replacement housing for those who have had to move is of an
adequate standard.

    •   Monies paid to households who have lost crops and other forms of
livelihood production
        have received fair compensation

    •   Where land has been permanently acquired for the transmission
line, households
        affected have been afforded suitable land replacement.
    •   The grievances raised by stakeholders, notably PAPs, have been
settled within the
        stipulated timeframe without delay including the effectiveness of
the compensation
        delivery system


The Monitoring Team must write its reports before the end of each visit
and submit them to the
Project Manager and Resettlement Committee. This team will be funded
under the

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Resettlement Action Plan for the Proposed 66 kV Transmission Line

Resettlement Budget. The Monitoring Team’s report will be structured
according to accepted
variables as set out in the following Table.

Monitoring Indicators and Variables
Subject         Indicator          Variables
Buildings/          Acquisition of      Number, type and size of private
buildings acquired
Structures          buildings           Number, type and size of
community buildings acquired

                     Acquisition of     Number, type and size of other
private structures
                     other structures   acquired Number, type and size of
other community
                                        structures acquired
Trees and            Acquisition of     Number and type of private trees
acquired
Crops                trees
                     Destruction of     Crops destroyed by area, type and
ownership
                    crops
Compensation, Compensation              Number of homesteads affected
(buildings, land, trees,
Re-                 and re-             crops) Number of owners
compensated by type of loss
establishment       establishment of    Amount compensated by type and
owner Number of
and                 affected            replacement houses constructed
Size, construction,
Rehabilitation      owners/individuals durability and environmental
suitability of replacement
                                        houses Possession of latrines
Water supply access
                                        Number of businesses structures
                    Re-establishment    Number of community buildings
replaced Number, type
                    of community        of plants lost, Number of trees
planted
                    resources
Hazards and         Introduction of     Number of homesteads affected by
hazards and
Disturbances        nuisance factors    disturbances from construction
(noise levels, blasting,
                                        increased traffic levels)
Social/             Changes to          Homestead size (births, deaths,
migration in and out)
Demographic         homestead           Age distribution Gender
distribution Marital status
                    structure           Relationship to homestead head
Status of “vulnerable”
                                        homesteads
                      Population        Residential status of homestead
members Movement in
                      migration         and out of the homestead (place
and residence of
                                        homestead members)
                    Changes to          Distance/travel time to nearest
school, health centre,
                    access              church, shop, village
                    Changes to status   Participation in training
programmes
                    of women            Use of credit facilities


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Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                         Landholding status
                                         Participation in the project-
related activities and
                                         enterprises
                  Changes to             Literacy and educational
attainment of homestead
                  educational status     members School attendance rates
(age, gender)
                                         Number, type of educational
establishments
                  Population influx      Growth in number and size of
settlements, formal and
                                         informal
                                         Growth in market areas
                                         Influx of people from outside the
project area
                     Changes in social   Organizational membership of
homestead members
                     organization        Leadership positions held by
homestead members
                                         Number of local committees
established
                     Consultation        Number and dates of local
committee meetings
                  programme              Type of issues raised at local
committees meetings
                  operation              Involvement of local committees
and NGOs in
                                         participating in the project’s
planning and development
                  Information            Number, position, staffing of
Information Centres
Consultation      dissemination          Staffing, equipment, documentation
of Information
                                         Centres Activities of Information
Centres Number of
                                         people accessing Information
Centres Information
                                         requests, issues raised at
Information Centres
                  Grievances             Number of grievances registered,
by type
                  resolved               Number of grievances resolved
                                         Number of cases referred to court
Training            Operation of         Number of local committee members
trained
                  training               Number of affected population
trained in Project-related
                  programme              training courses
Management        Staffing               Number of implementing agencies by
function Number
                                       of GoK ministry officials
available by function Number of
                                       office and field equipment, by
type
                  Procedures in        Census and asset
verification/quantification procedures
                  operation            in place
                                       Effectiveness of compensation
delivery system
                                       Number of land transfers effected
                                       Co-ordination between local
community structures,
                                       NGOs and GoK officials




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Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                            Chapter 8


                                 GRIEVANCE AND APPEALS


8.1 Subject matter of grievance
Grievance redress mechanisms are essential tools for facilitating PAPs to
voice their concerns
about compensation process as they arise for corrective action to be
taken promptly. Such
mechanisms are fundamental to achieving transparency in the acquisition
and resettlement
processes. Some of the grievances likely to arise include; values for
land, building and
structures, provision of adequate time for relocation; ownership rights,
resettlement assistance,
relocation as well as disturbance and compensation of livelihoods. These
grievances
necessitate the setting up of an independent grievance and appeals
committee to address the
grievance for the PAPs.


8.2 Method of lodging complaints
Complaints will be launched through either one or combination of the
following methods:
    •    Filling a specifically pre-designed complaint form and appending
the PAPs signature and
         submitting it to the Grievance Redress Committee (GRC) office or
    •    Airing the complains during community meetings and
    •    Reporting the same to the respective local chief or assistant
chief.


8.3 Proposed procedure
It is of paramount importance for KPLC who is the project proponent to
have a formal way of
launching complaints and have a mechanism of resolving complains. All
complaints from the
PAPs received in writing or verbally will be documented. A copy will be
maintained by the GRC.
The role of GRC shall include settling, monitoring and facilitating
effective and timely dispute
resolution. A sample of the procedure to follow is described below;


Step 1
KPLC shares the RAP results indicating the type of losses and
compensation packages for the
PAPs
Step 2
If satisfied, the PAP claims compensation payment from KPLC. If
dissatisfied or the PAP do not
clearly understand the entitlement/any aspect of the compensation, s/he
approaches staff of
KPLC for clarification. The staff will explain any unclear issues to the
PAP according to the RAP.
If the issue(s) are resolved, the PAP collects the payment. If not solved
PAP moves to step 3

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Resettlement Action Plan for the Proposed 66 kV Transmission Line


Step 3
If the PAPs are not satisfied with step 2 the matter can be discussed
with the local
administration and GRC. The GRC holds a session with the aggrieved PAP,
minutes recorded
and duly signed. If resolved, the PAP collects his/her entitlements.


Step 4
If the complain cannot be resolved then the PAP can proceed to seek legal
redress through the
Kenyan courts. A standard grievance complains.


Table 3: showing the standard grievance complains procedure




KPLC shares RAP report with            Dissatisfied with

PAPs                                   compensation

package



                                Collection of payment




                                 GRC and local
                                 administration hears
                                 grievances



                                 Legal redress at Court




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Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                           Chapter 9


                      CONCLUSIONS AND RECOMMENDATIONS


9.1 SUMMARY OUTCOME OF PUBLIC CONSULTATIONS AND DISCUSSIONS


The RAP is an outcome of various integrated formal and informal
interviews with PAPs,
development agencies, departmental heads, the general public and other
stakeholders as well
as observation. In total, 136 household interviews were conducted which
were visited and
assessed. In addition, 3 consultative Public Participation meetings were
held at the junction of
Ndenderu along Limuru road, Karura chief’s camp and Wangige market.

Consultations were made with the provincial administration, the
Proponent, business community
and residents along the project corridor, through household interviews,
in-depth interviews,
Focus Group discussions and public consultative meetings. These
consultations revealed that
the residents had no prior knowledge of the proposed project but had
positive attitude towards
the project and therefore approved it. Further, the project was approved
by the local leaders and
other opinion leaders.

The local population is willing to participate in ensuring success of the
proposed project in a
number of ways such as:

    •   Offering their structures in exchange of “good” money whereby
they will be adequately
        compensated at current market values
    •   Supplying both unskilled and skilled labour for the project
    •   Providing market with electricity and ensuring its security by
reporting electric faults and
        vandalism
    •   Creating awareness among community members on dangers of
electricity and
        tampering with electricity lines


Despite the unwavering support accorded to the proposed project,
stakeholders consulted
raised red flag that they should be given the timeframe for the project
implementation, involved
and informed clearly and adequately so as to understand the compensation
process and values
of property. This calls for an all inclusive and participatory awareness
creation and social
engineering before and during project construction. The main concerns
raised during these
meetings included:




57
Resettlement Action Plan for the Proposed 66 kV Transmission Line

    •    Modalities for land acquisition, compensation including values of
property and
         resettlement
    •    Project time frame and advance notices especially to the PAPs
with majority desiring to
         know when it will start because they see an opportunity to gain
financially due to the
         current harsh economic situations while others want to prepare
for the project
         consequences
    •    Need for adequate awareness creation and social engineering
before and during project
         construction
    •    Employment of the local youth and therefore no need for
“Importation” of unskilled and
         semi-skilled labour
    •    Putting appropriate signs “Danger” on each electric installation
for information to
         residents
    •    Design route of the project to follow, as much as possible,
uninhabited areas to ensure
         minimal disturbance, relocation, costs and electricity related
accidents
    •    How communities will benefit other than power and if one can tap
power directly from the
         line
    •    That an independent compensation committee be formed to spearhead
the grievance
         and verification exercise for the proposed line.
    •    Actions to be taken if the transmission line crosses public
facilities such as schools,
    •    Why organized groups who applied for connection have not been
provided with
         electricity and ways this project can consider reducing the cost
of bringing power to such
         groups of people.
    •    The dangers of having the power line pass near home or on your
land and
         compensations if injured during construction should be reported
    •    The project effects on the environment and alternative power
planned for provision
         before the proposed transmission line is completed
    •    Public involvement in acquisition process was emphasized
    •    The general concern of delayed compensation highlighted
    •    Undervaluing of the structures, land and crops which was seen to
be one of the recipes
         for grievances during implementation of the project was discussed
    •    The PAP cautioned government against inadequate notices for
quitting before project
         commencement. They recommended to be given 6-12 months notice
    •   PAPs gave their views on the preferred mode of compensation
(cash/property) and
        insisted that they would prefer to settle within their vicinity.




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Resettlement Action Plan for the Proposed 66 kV Transmission Line

9.2 GENERAL CONCLUSIONS
        The RAP study made the following conclusions:

    •   The transmission line project would lead to acquisition of land
and compensating of
        those whose structures are overhead traversed or lie within the
road reserve where the
        line will be passing.
    •   A number of efforts will have to be instituted to minimize
resettlement including:
        realigning and/or rerouting the transmission line; hiring
existing rental houses instead of
        establishing camps. This in effect will significantly reduce
disturbance and resettlements
        and therefore lower the costs for the proposed project.
    •   Modalities for land acquisition, compensation including values of
property and
        resettlement need to be clearly communicated and adequately
understood by the PAPs,
        who should be involved right from the start. Awareness creation
should thus be
        conducted before and during project construction. Thus there is
need for a consultative
        process on compensation and resettlement in this area just prior
to the project
        implementation. This process should incorporate road reserves.
    •   In order to benefit the local population to meet the objective of
poverty reduction in the
        project areas, the locals should be given first priority in
employment of [unskilled] labour.
    •   Public involvement in acquisition and resettlement process as
well as making prompt
        compensations should be prioritized, while giving adequate
notices in advance.


9.3 GENERAL RECOMMENDATIONS
The RAP team’s visits, observations and discussions with various
stakeholders revealed
variances in the main economic activities which form the basis for
residents’ livelihoods and
income generation sources. In the project area, the main primary economic
activity is crop
growing, livestock keeping, trade, and casual employment. Each of these
livelihoods and
economic activities will be affected as a result of implementation of the
proposed project both
during and after relocation when the PAPs incomes may be substantially
reduced.
The RAP must enhance restoration of the residents’ economic and income
bases, mostly by
promoting diversification and adoption of alternative economic
activities. To realize this
objective, there is need for the proposed project to incorporate other
activities beyond normal
compensation. These activities proposed to ensure minimal shock as well
as fast recovery of
losses and eventual realization of stability of incomes and livelihoods
can be summarized as
follows:

    •   Allocate the appropriate amount of money as per the structures to
be affected by the
        proposed project line
    •   Allocate the appropriate amount of structures; it is important
that the per capita structure


59
Resettlement Action Plan for the Proposed 66 kV Transmission Line

         holders are either higher or equivalent to vacate the road
reserve for the purpose of the
         proposed project.
    •    Introduction of the PAPs to the characteristics and appropriate
production as well as
         profitable economic activities in the host sites
    •    Vulnerable Groups including the poor, sick, orphaned and
vulnerable children need to be
         given priority in employment opportunities arising from the
project.
    •    Public information and awareness creation to enlighten the
residents on the importance
         as well as the need for attitudinal change towards the projects
impacts. During the rapid
         interaction, residents raised fears over impacts of the
transmission line such as “silent’
         electrocution during sleep. Campaigns on the true and false
impacts as well as living
         side by side with the power lines should be entrenched as part of
the project
         construction




60
     Resettlement Action Plan for the Proposed 66 kV Transmission Line




                              Appendixes




61
Resettlement Action Plan for the Proposed 66 kV Transmission Line

Minutes of the meetings held
NDENDERU –WESTLANDS AND ILRI 66 KV TRANSMISSION LINE.

PUBLIC CONSULTATION MEETING.

Date: 14/7/2010

Time 10.33 a.m

Venue:   Karura Chiefs camp

Agenda: Explaining the project to the project affected persons

The chief introduced the team from KPLC. The way leave officer Mr. Njorog
e (Nairobi) gave a brief of the
project. He emphasized that the line will be passing through the road res
erve as much as possible and in
the event that personal property would be affected and land acquisition f
or way leave would occur the
proponent would be responsible. He also cautioned the public on
 the dangers of having structures
under the transmission line and so the need for such persons to move and
pave way for the wayleave.
He also noted the following

    •   Valuation for property would be done by KPLC valuer
    •   Relocation of houses would be done by the owner
    •   Compensation would be done based on the value of the structure
    •
Need for honesty on part of the affected persons and avoid opportunists a
nd speculators
    •
People will have to relocate to pave way for the project before implement
ation
    •
KPLC will not be involved in buying of land as they are using the road re
serve
    •
Once the first batch of compensation is done the affected perso
ns will be expected to make
        arrangements for moving
    •
Kiosks that are made of containers and are moveable will not be moved but
 owners can receive
        transport

Questions raised.

    1. Will crops be compensated?

    Only crops that are destroyed will be paid
     2. When is the project kicking off

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Resettlement Action Plan for the Proposed 66 kV Transmission Line

         When the report is ready and money is released
     3. Will there be employment for the locals
         Much of these may be in the unskilled category

Meeting ended at 11.43 a.m




63
Resettlement Action Plan for the Proposed 66 kV Transmission Line

NAIROBI NORTH (NDENDERU) – WESTLANDS AND ILRI 66 KV TRANSMISSION LINE.

PUBLIC CONSULTATION MEETING.

Date: 21/10/2010

Time       : 10.30 a.m

Venue:      Karuri Assistant chief’s office

Agenda: Consultations with project affected persons

The meeting began with a word of prayer form one of the commu
nity members. The assistant chief
introduced the team from KPLC and called on them to address th
e PAPs concerns. Mr Pengat (way
leave) noted that two issues had arisen and he had promised to
  come with other experts who would
answer the questions.

Major Issues raised.

       •    At some points the line is passing through private land

       •    Some property was not valued

According to the designs the line passes along the road and in
case PAPs are claiming line passes on
private property we shall physically visit the area and assess. Property
was valued even for those who
were absent during valuation but in case of any dispute valuation will be
 done.

Question
Will the way leave acquisition affect us?
The line passes on the road reserve and the way leave needed will not nee
d relocation unless in cases
where the PAPs have built houses at the boundary of the road while others
 are on the road reserve

Question
What about those who have built structures which are rented out?
Compensation will be done for structures only especially those on road re
serve
Question
What is the effect of electromagnetic field?
There is no harm so farm of electromagnetic field verified scientifically
64
Resettlement Action Plan for the Proposed 66 kV Transmission Line

Question

What about further development on the land?

One can do future development and those that need approval one has to get
 approval

Question

What are the effects of power on our health?

The main issue with power is public safety and so we do not want anybody
to live under the line

Question

Method used in valuation

The replacement cost method was used

Question

It seems work has began and we are not yet compensated. Can’t you compens
ate us first?

We have passed the valuation report to the management and compensation wi
ll be made

Question

How will compensation be done?

A project implementation unit will be formed and payments will be done
  through the chiefs office. In
case the sum to be paid is large a cheque may be issued.

We then proceeded to the project site and all PAPs were to be found on th
eir property to validate that
their property was valued as necessary.

At the end of the exercise there was a stretch where the line seems to be
 passing on private property
and the survey came and agreed to do a study in consultation with the aff
ected.
65
Resettlement Action Plan for the Proposed 66 kV Transmission Line

NAIROBI NORTH (NDENDERU) –WESTLANDS AND ILRI 66 KV LINE.

MEETING.

Date: 15/12/2010
Time   : 10.30 a.m
Venue: on site
Agenda: Consultations with project affected persons who had disputed the
surveys
Mr. Pengat (way leave officer) introduced the team from KPLC, other consu
ltants (surveyor, contractor,
design engineer). He observed that during our last meeting which was on 2
1/10/2010 it was agreed that
the surveyor do the measurements again and establish where the line is pa
ssing to ensure that it is not
on private property.) The surveyor had done the survey and came up with a
erial map. However some
individuals felt the line is on their land. The surveyor explained how he
 came up with the map.

Major Issues raised.

    •      Why is the line taking some angles at different points


The design engineer explained why the line was taking angles that it is d
ue to the profile of the area.

Maps were also shown to the people and it was clear it is passing on the
road reserve.

    •      Why can’t KPLC move the line further to the road reserve


The surveyor explained that they cannot do that without approval which wa
s difficult because

the road is being turned to a dual carriage. It would be difficult to rel
ocate the line again during
         road construction

    •      Why did the surveyor put pegs twice

           This was done to avoid interfering with private property

At the end of the meeting some people were not satisfied with discussions
 done and we asked them the
way forward. Some people agreed with designs while some cases felt the li
ne should not pass through
their land.
The people whose structure are near to the line and need to relocate for
public safety requested that
compensation be done before project completion. Meeting ended at 12.00

After the meeting the team went along the line till Ndenderu junction to
ensure the line is on road
reserve.



66
Resettlement Action Plan for the Proposed 66 kV Transmission Line

Those who refused the line to pass/opposed the project
    1. Eliud Kinyanjui‐plot no. 407
    2. Ribiro Kamau‐405 & 1790
    3. Simon Kamene Wanyoike‐1793
    4. Stanley Mungai ‐1454
Present.

    1. Eliud kinyanjui

    2. Stanley Mungai muchoi

    3. John Nganga

    4. John Igogo    Ngugi

    5. David Kagunyi

    6. Ribiro Kamau

    7. Virginia Murugi

    8. Stanley Mungai

    9. David Njoroge Mungai

    10. Purity Muthoni

    11. Peter Mungai Njoroge

    12. Mercy Kagunyi

    13. Francis Njoroge Gathuru –East Aberdare contracts‐line builder

    14. James Mwaniki‐line designer (Petrotrack Engineering)

    15. John Kimeu‐surveyor(Petrotrack Engineering)

    16. Joseph masawi‐hole digging master

    17. John sone Pangat –wayleave –KPLC

    18. Jadiel Muriuki –valuer‐ KPLC

    19. Pius Ngaya‐Environmentalists‐ KPLC

    20. Samuel Abaya‐socio economist ‐KPLC

    21. Roseline Njeru‐socio economist‐ KPLC
67
Resettlement Action Plan for the Proposed 66 kV Transmission Line


Evaluation report




68
Resettlement Action Plan for the Proposed 66 kV Transmission Line




NDENDERU‐UTHIRU DOUBLE CIRCUIT LINE‐ VALUATION



KARURA SHOPPING CENTRE


BUILT UP

AREA                                                     Grand

NAME               ID NUMBER                   DESCRIPTION
 (SQFTS)            RATE          VALUE                  Total
                                          Main house: GCI roof, GCI and
Mary Nyambura                             treated timber wall. Screed floor.

Wainana                        5195548    Single leaf gate
                190            1000              190000           190000
                                             Main house: GCI roof, GCI

/treated timber wall. Earth     floor
                                             (379 sqfts).        2 solar panels

installed.                                        379                 700
265300

pi latrine: gci sheets wall and roof

with RC floor (9 sqfts)                              9                400
13600
                                             chicken shed: short double
Harrison Karanja                             decked with timber offcuts and
Wainana                                      gci sheets roof (28 sqfts)
                   28           200                   5600        284500

Simon Kinyanjui                           Main House: Gci wall and roof
Wainana                        26966987   with earthen floor (99 sqf)
                   99            600              59400            59400
                                             Main House: Gci wall anf roof

with earthen floor (84 sqfts).                      84                600
50400
Peter Evans                               Chicken cage: short with decked
Wainana                     25514438      timber offcuts and gci roof
                                                      3000         53400

peter Mbugua                              Main House: Gci wall and roof
Wainana         27241987   with earthen floor (110 sqf)
          110     600              66000            66000


69
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                Main house: Gci sheets wall and
                                roof with cement screed floor

21803424     (357 sqfts)   Solar panel installed.       357          800
285600
                               Pit latrine: gci roof wall and roof
Allan Njenga                   with suspended timber floor (84
Wainana              21803424 sqfts)
 84        400             48600    334200
                                 Main house: Gci sheets roof, Gci
                                 sheets and timber offcuts wall,

earth floor ( 88 sqfts).                      88        600           52800
                               Pit latrine: gci roof wall and roof
Nicholus Gacii                 with suspended plate metal floor,
Murima               25092711 30 fts deep (16 sqfts)
 16        400             21400     74200
                               Main house: Gci sheets wall and
                               roof , standard slash window,
Monicah Warira                 earth floor with 3 rooms (180
Murima                5697594 sqfts),
180        600             108000    108000
                               Main house: gci sheets roof, gci
                               sheets and timber offcuts wall,
stephen mukirai                screed floor, shashed windows
waringa              25134450 (88 sqfts).
 88        800             70400     52800
                                  Main house: Gci sheets wall and

roof, earth floor (252 sqfts)                 252      600            151200

Dog kennel                                                                 3000
                               Pit latrine: gci sheets floor and
Grace waringa                  wall with suspended timber floor
njoroge               4314738 (16 sqfts)
 16        400             21400    172600
                               Main house:gci sheets roof and
Muciri waringa       26205415 wall with earth floor (90 sqfts)
 90        600             54000    54000
Rose wambui                    Main house: gci sheets roof and
kimani               10766275 wall with earth floor (135 sqfts)
135        600             81000    102000



70
Resettlement Action Plan for the Proposed 66 kV Transmission Line



                                         pit latrine: gci sheets wall and

roof with suspended timber floor          15         400             21000
                                         Main house: gci sheets roof and

wall with earth floor (88 sqfts)           88         600               52800

                                         Pit latrine: nylon paper wall with

suspended timber floor (15 sqfts)         15         100             11500
                                         Pig sty: gci sheets with
                                         suspended timber floor (150

sqfts)                                     50         300             15000
Esther Gathoni                          cow shed: timber rafters(168
murigi                         6381899 sqfts)
   168            80               13440    92740
                                          Main house: gci sheets wall and
                                          roof, screed floor abit old(405

sqfts)                                   405         800             324000
                                         cow shed: timber rafters(78
??????                 ????              sqfts)
    78           160              12480    336480
                                       main house: gci sheets wall and

20967138   roof, earth floor(308 sqfts)               308         600
184800
                                        pit latrine: gci sheets wall and
Joseph wathigo                          roof with suspended timber floor,
irungu                        20967138 30 fts deep (16 sqfts)
    16         400                 21400    206200
                                          main house: gci/timber wall, gci
                                          roof with earth floor(320
                                          sqfts)fence 20m long made of

sacks.                                    320         600             192000
Nahashon maina                          house: constructed as the first
mwangi                        23161033 house above72 sqfts)
    72         600                 43200    256600




71
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                     pit latrine: gci sheets wall and
                                     roof with suspended timber floor,

30 fts deep (16 sqfts)                  16          400             21400
                                     main house: gci sheets wall and
                                     roof, earth floor with3no.

rooms(375 sqfts)                        375          600             225000
faith wambui                        kitchen: constructed as the main
njoroge                  11770328 house above(36 sqfts)
36          600               21600     246600
                                      Main house: gci sheets wall and
                                      roof, t&g door, earth floor (150

sqfts)   single leaf gci gate.         150          600             90000
                                     kitchen: constructed as the main

house above(36 sqfts)                   36          600             21600

                                    pit latrine: gci sheets wall and
ruth njeri wainana        4514623 roof with suspended timber floor
16          400               21400     133000
                                      Main house: gci sheets wall and
                                      roof, earth floor abit old (300

sqfts)                                 300          600             180000
                                     pit latrine: gci sheets wall and
                                     roof with suspended timber floor,

30 fts deep (15 sqfts)                 15          400             21000
Pauline mbio                      Green grocer shed: 2 levels with
komu                   10879315 polythene cover (30 sqfts)
30          300              9000     210000
                                  Main house: gci sheets roof,
                                  timber offcuts walling, standard
                                  shashed windows with earthen
loise watiri kung'u    20476723 floor(400 sqfts) single leaf gate.       4
00          600             240000    240000




72
Resettlement Action Plan for the Proposed 66 kV Transmission Line


                                 Main House: walls are
                                 constructed of timber offcuts
                                 underneath a gci sheets roof
                                 covering.                              400
700              280000
                                 Pit Latrine: sack walling with

suspended timber floor                   30                          15000
                                Pig sties: timber batten wall with
Waweru kimani          3333658 suspended timber floor                        56
300              16800     311800
                                Green grocer shed: two tier with
Eunice wanjiru                  timber poles and polythene
kimani                 5697670 roofing                                       70
300              21000     21000
                                  Main house: gci sheets wall and
                                  roofing with earthen floor(220
                                  sqfts) compound fenced with
                                  sacks with a single leaf timber
                                  gate.                                 220
600              132000
mary waithira                   kitchen: constructed as the main
njuguna                3337527 house above(42 sqfts)                         42
600              25200     157200


                                 main house: gci sheets wall and
                                 roof with earthen floor(120 sqfts)
                                 compound fenced off with sacks.        120
600              72000
simon manda                    cow shed: timber poles with gci
gachugu             24854089 sheets roof (42 sqfts)                          42
160              6720     78720
                                 main house: gci sheets wall and
                                 roof with hardcore floor and t&g
                                 door, 5no. Rooms(702 sqfts)            702
800             561600
florence wanjiru               pit latrine: gci sheets wall and
mbuya                 9019512 roof.                                          15
400             21000     582600




73
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                      main house: gci sheets wall and
mary njoki                            roof, earth floor with 3no.
wanjiru                   22765970    Rooms(299 sqfts)
                              299     600   179400   179400
                                      main house: gci sheets wall and
peter mwangi                          roof, earth floor and t&g door(88
irungu                    24886592    sqfts)
                               88     600   52800    52800

                                        main house: gci sheets wall and

roof with earthen floor(225 sqfts)                                  225
600   135000
lucy wanjiru                          cow shed: timber poles with gci
karanja                    3078665    sheets roof (49 sqfts)
                               49     160    7840    142840
                                       main house: gci sheets wall and

roof, earth floor(169 sqfts)                                        169
600   101400
                                      pit latrine: gci sheets wall and
joseph njenga                         roof with suspended timber floor
wakonyo                   11148019    (16 sqfts)
                               16     400   21400    122800
                                      main house: gci sheets wall and
                                      roof with earthen floor (110
mbugua n. gitau            4812530    sqfts)
                              110     600   66000    66000
                                       main house: gci sheets wall and

roof with earth floor (224 sqfts)                                   224
600   134400
                                      pit latrine: gci sheets wall and
gideon ngigi                          roof with suspended timber floor
kahira                    25147574    (20 sqfts)
                               20     400   23000    157400


                                        main house: gci sheets wall and

roof, earth floor (253 sqfts)    sack
peris washiari                          on timber post fence
                                253    600   151800
njenga/wambui     4511851/            Kitchen: constructed as the main
njunge            12318751231871      house above (81 sqfts)
                              81       600   48600    451600



74
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                           2nd house: constructed as the
                           first main house above (338
                           sqfts)                                   338
600            202800

                           pig sty: gci sheets roof with
                           suspended timber floor (90 sqfts)         90
300            27000
                           pit latrine: gci sheets walling and
                           roof with suspended timber floor
                           25 fts deep ( 16 sqfts)                   16
400            21400
                           main house: half new with gci
                           sheets wall and roof, earth floor
                           with three rooms(288 sqfts)              288
600            172800
                         Pit latrine: timber offcuts wall, gci
Hannah wanyi             roof with suspended timber
mwangi         6257168   floor32 sqfts)                              32
400            27800     200600
                           main house: gci sheets wall and
                           roof, screed floor with 4no.
                           Rooms (304 sqfts) compound
                           fencced with timber offcuts              304
600            182400
                           Kitchen: gci sheets wall and no
                           roof with earth floor                    160
300            48000
                         Pit latrine: timber offcuts wall, gci
juliet kaari             roof with suspended timber
mwangire       4527963   floor(42 sqfts)                             42
400            31800     262200

                           Main house: gci sheets wall and
                           roof with earthen floor(322 sqfts)       322
600            193200
                         pit latrine: gci sheets wall and
                         roof with suspended timber floor
mili wanjui    3469849   (42 sqfts)                                  42
400            31800     225000



75
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                             main house: gci sheets roof and
peninah wanjiru              wall with earthen floor (324
njoroge            14686054 sqfts)                                  324
600             194400   194400
                                main house: gci sheets walling
                                and roof, earth floor with 3no.
                                Rooms (450 sqfts) compound
                                fenced off with timber offcuts      450
600             270000
                             pit latrine: gci sheets wall and
mary njoki                   roof with suspended timber floor
njoroge             3104449 (22 sqfts)                              22
400             23800    293800

james ng'ang'a               main house: gci sheets wall and
njeri              14718167 floor with earthen floor (60 sqfts)     60
600             36000    36000
                             pit latrine: painted gci sheets wall
                             and roof with a reinforeced
                             concrete slab floor with 2no.
Pastor peter                 Latrines and 40 fts deep (54
karanja kamenju    11708075 sqfts)                                  54
1000             69000    69000
                             pit latrine: gci sheets wall and
alice nyambura               roofing with suspended timber
kamau               5197647 floor and 35 fts deep(50 sqfts)         50
600             30000    30000
                             Pit latrine: ditto construction as
Wanjiku mbugua      3450975 above (50 sqfts)                        50
600             30000    30000
                             main house: timber offcuts
                             wallin, gci sheets roofing with
                             earthen floor and 2no. Rooms (
hannah njango                221 sqfts) compound fenced off
wainana             3137933 with timber offcuts fence               221
600             132600   132600




76
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                        main house: gci sheets walling
                                        and roof, concrete floor with

4no. Rooms( 434 sqfts)                     434        800         347200
                                        pit latrine: gci sheets wall and

roof with suspended timber floor,

40 fts deep ( 42 sqfts)                     42        400         31800
                                        cow shed: timber batten walling

with concrete floor (234 sqfts)            234        160           47440

                                      pig sty: gci sheets roof with
Njeri john kahira           14718169 suspended timber floor (40 sqfts)
           40        300         12000    438440
                                      main house: gci sheets walling
                                      and roof, galzed shashed

windows, earth floor (252 sqfts)             252        600
151200
mary njambi gitau            3078251 pit latrine: dug not constructed
                                  15000   166200
                                        main house: gci sheets wall and
                                        roof, earth floor with 2no.

Rooms(304 sqfts)                            304        600         182400
                                       pit latrine: 35 fts deep, with gci
karongo hannah                         sheets roof and wall, floor is
karondu                       4314230 suspended timber. (16 sqfts)
           16        400          21400    203800
                                       main house: gci sheets wall and
grace njeri                            roof with earthen floor and 2no.
muchina                     22340911 Rooms (242 sqfts)
          242        600          145200   145200
                                         Main house: gci sheets wall and
                                         roof, screed floor with 2no.
wambui gichuhi                           Rooms (528 sqfts) compound
c/o grace njeri      3080894 c/o         fenced off with timber offcuts
muchina              22340911            with a single leaf gci sheet gate
.         528        600          316800   387000




77
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                              pit latrine: gci roof and wall with
                              suspended timber floor, 35 sqfts
                              deep (16 sqfts)                       16
400              21400
                              zero grazing unit: rough concrete
                              floor with gci sheets roof and
                              timber battens wall(170 sqfts)        170
160              27200
                              goat shed: gci sheets wall and
                              roof with suspended timber floor
                              (72 sqfts)                            72
300              21600
                              main house: gci sheets wall and
                              roof, earh floor (391 sqfts)2nd
                              House; ditto construction as
                              above(150 sqfts) single leaf gci
                              sheets and fence                      541
600              324600
                              pit latrine: gci sheets wall and
jane wangui                   roof with suspended timber floor
waweru              11446714 (15 sqfts)                             15
400              21000    345600
                              main house: gci sheets wall and
Athony kiboro                 roof waith earthen floor(300
mbugua              14718267 sqfts)                                 300
600              180000   180000
                               main house: gci sheets and
                               timber offcuts wall, gci roof with
                               earth floor(380 sqfts) with single
                               leaf gci sheets gate.                380
600              228000
                              pit latrine: gci sheets roof and
                              wall with suspended timber floor
esther wanjiku      21055258 (16 sqfts)                             16
400              21400    249400
                              main house: gci sheets wall and
grace waringa                 roof waith earthen floor(300
njoroge              4313758 sqfts)                                 300
600              180000   180000



78
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                   main house: gci sheets wall and

roof with earth floor    (168 sqfts)           168         600        100800
                                  cow shed: timber offcuts walling
david njenga                      underneath a gci sheets roof (240
nguhi                   10767139 sqfts)
     240        160          38400    139200
                                   main house: gauge 32 painted gci
                                   sheet wall and roof, screed floor,
                                   soft board ceiling with 4no.
                                   Rooms(504 sqfts) single leaf gci

sheets gate                                    504        800        403200
                                   pit latrine: natural stones wall, RC
                                   concrete floor with gci sheets

roofing (20 sqfts)                              20        800          31000
                                  sunken well: 50 fts deep with

moulded concrete cover                          50        2000
100000
grace nguhi kiboro     4314477 small dog kennel (6 sqfts)
                             3000    537200
                                Main house: timber offcuts wall,
                                gci sheets roofwith hardcore
peris njambi nguhi    12940799 floor (98 sqfts)
       98       600        58800     58800
                                  Main house: gci sheets wal and
                                  roof with earthen floor (180

sqfts)                                         180         600         108000


                                  pit latrine: polythene sheets wall
peter kirumba                     under gci sheets walling with
njeri                    8511872 suspended timber floor (12 sqfts)
                             15000    123000
                                  main house: timber offcuts wall ,
                                  gci sheets roof with screed
lucy wabera njuhi       14617377 floor(100 sqfts)
     100        800          80000    80000




79
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                 Main house: Gci sheets wall
Jennifer Wairimu                 underneath gci sheets roof with
njenga                  3078272 screed floor
100        800                 80000    80000
                                 commercial: timber yard; timber
                                 offcuts wall, sci sheets roof and
                                 earthen floor and gci large door(
njenga mary njoki       3078819 350 sqfts)
350        600               210000     210000
                                 shop/residential house: gci
dominic kimani                   sheets wall and roof with earth
njenga                 10484162 floor and 3no.rooms (459 sqfts)
459        600               275400     275400

samuel kamau                      house: gci sheets wall and roof
njenga                 14405979 with earth floor (154 sqfts)
154        600                 92400     92400
                                  container shop: covered with gci
lydiah wambui                     roofing and laid on enhanced
                   80,000 (Cost of a
njoroge                13686064 concrete floor (160 sqfts)
                   new container)        80000
                                  tailoring shop: timber offcuts
                                  walling with screed floor
lydiah wambui                     underneath a gci sheets roof (81
njoroge                13686064 sqfts)
 81        600                 48600     48600
                                  kiosk: timber offcuts wall
hannah wanjiku                    underneath a gci sheets roof with
murima                  3105225 screed floor ( 90 sqfts)
 90        800                 72000     72000

simon mungai                     shop: gci sheets wall and roof
murima                 13706994 with screed floor (273 sqfts)
273        800               218400     218400




80
Resettlement Action Plan for the Proposed 66 kV Transmission Line


                              Restaurant: timber/gci sheets
                              walling underneath a gci sheet
                              roofing. Floor is constructed of
                              screed concrete. Front yard is
                              masive concrete to raise floor
                              level (1932 sqfts)                    1932
1000             1932000
                              front shop: same construction
                              details as the restaurant above
                              (105 sqfst)                            105
800              84000
                             new stalls: constructed up to 7
moses gitonga                courses level comprising of 3no.
nyamu               3458720 Proposed stalls (243 sqfts)              243
600               145800   2161800
                             timber workshop: timber offcuts
                             wall underneath a gci sheets
allan ng'ang'a      3082828 roof, earthen floor ( 400 sqfts)         400
600              240000    240000
                               timber yard: gci sheet/griiled
                               metal or timber offcuts wall, gci
                               sheets roof, partialy screed floor
                               (1025 sqfts)                         1025
600              615000
                             pit latrine: 35 fts deep, with gci
kinyanjui                    sheets roof and wall, floor is
waruinge            6037669 suspended timber. (16 sqfts)             16
400               21400    636400
                               butchery: painted gci sheets wall
                               and roof, plate metal doors,
                               screed floor(400 sqfts) the front
                               is raised with massive concrete
                               staircase.                            400
1000              400000
                             pit latrine: gci sheets wall and
serah wamuro       10140768 roof with screed floor (16 sqfts)        16
400               21400    421400




81
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                           butchery: ditto construction as
benjamin kariuki                           the first butchery above(380
mungai                            1843788 sqfts)
           380       1000             380000   380000
                                           butchery: ditto construction as
                                           the first butchery above(744
                                           sqfts) front yard raised by
susan njeri kamau                 3078458 massive concrete with stair case
           744        1000            744000   744000

residential house: gci sheets wall
                                           and roof with screed floor and
                                           glazed shashed windows.

Comprise 3no. Rooms (720 sqfst)              720        1000         720000
                                           pit latrine: timber/gci sheets

walling with RC concrete floor (30

sqfts)                                        30         400         27000
                                           kitchen: timber offcuts wall

under gci sheets roof with earth

floors (70 sqfts)                           70         800         56000
                                        chicken shed: double rack made
                                        of timber offcuts and gci sheets
stephen ngige                 4315057 roof (10 sqfts)
                                   3000     806000
                                         main house: timber offcuts wall
????????? c/o                            with gci sheets roof and earth
chief                ?????               floor ( 128 sqfts)
           128         600        76800     76800
                                        mainhouse: gci sheets roof and
                                        wall, cement screed floor and
                                        glazed shashed windows with
ruth njeri njenga            27715141 4no. Rooms (308 sqfts)
           308         800        246400    246400
                                         AP Lines: Sawn timber
                                         underneath GCI roof with screed
Karuri Chief camp                        floor
           360       1000         360000    448000



82
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                      2no. Pit latrines
     88        1000           88000

kenneth ng'ang'a                   similary constructed as the house
ngigi                    11769558 above with 2no.rooms (252 sqfts)
 252          800             201600     201600
NDENDERU JUNCTION
                                  0

Eli john kariuki                    garage store: gci sheets wall and
mathiu                   14485964 roof with earthen floor (80 sqfts)
  80          400             32000       32000
                                    green grocer kiosk: gci sheets
                                    roof, timber oosts shed with
                                    timber batterns platform (77
grace nduta bari         10271882 sqfts)
  77          300             23100       23100
                                    green grocer kiosk: gci sheets
                                    roof, timber oosts shed with
dorcas wairimu                      timber batterns platform (72
ndung'u                  15744053 sqfts)
  72           300            21600       21600
                                    butchery: timber offcuts/ gci
                                    sheets wall, screed floor
                                    underneath a gci sheets roof.
kang'ethe                           Windows are glazed shashed
ng'ang'a                 13056570 type (504 sqfts)
 504            800           403200      403200


                                    green srocer kiosk: gci sheets
                                    roof, timebr post wall with
jane wairimu              7817732 timber battern platform(36 sqfts)
  36            300           10800       10800

patrick muiga                       jua kali shed: gci sheets roof and
kamau                     6721243 wall with earth floor (96 sqfts)
  96          300             28800       28800




83
Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                         restaurant/butchery: gci sheets
                                         wall and roof with screed
john mweha igogo                3113369 floor(688 sqfts)
    688          800                550400      550400
                                           Container; 3 no. shops: covered
                                           with gci sheets roof with screed
peter mwarangu          oo84427            mass concrete floor (495 sqfts)
  80000            3                240000      240000
                                         Green grocer kiosk: gci sheets
caroline wambui                          roof, two pier wooden battern
mungai                          1134907 platform 48 sqfts)
     48           200                9600        9600
margaret                                 Green grocer kiosk: ditto
wakonyo                       27377155 construction as above (30 sqfts)
     30           200                6000        6000
                                         shoe shack: gci sheets wall and
simon wanyoike                20357002 roof(35 sqfts)
     35           200                7000        7000
                                         green grocer kiosk: constructed a
caroline kathambi             23603480 above (35 sqfts)
     35          200                 7000
                                         Hotel: gci sheets/ timber offcuts
                                         wall, sand cement screed floor
richard ngugi                            underneath a gci sheets covering
gakinya                         5215167 wall ( 750 sqfts)
    750           800               600000      600000
                                         Gci sheets wall and roof with a
David njoroge                            natural stones foundation with
mungai                        11149703 earth floor
    336           800               268800      268800
                                         Ditto construction details as
                                         above save for the natural stones
Purity Muthoni                12711680 foundation
    450           600               270000      270000
                                           Main house: gci sheets wall and
                                           roof with screed floor and

shashed windows                         468          800             374400
Virginia murugi                         Kitchen: gci sheets wall and roof
njoroge                        3080760 with earth floor
     72           600              43200      471000



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Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                         Kiosk: sawn timber with earth

floor                                        56        600             33600
                                         Pit latrine: gci sheets and wall

with suspended timber floor                  12        400               19800


                                         rental house: natural stones
                                         keyed and painted internally,
                                         screed floor and gci sheets roof. 2

bedroom self contained quarters             400       1800             730000
                                         kiosk: natural stones wall with
                                         screed floor and concrete slab
Pastor ngige                             roof
     80         1800               48000    778000
                                         rental house: gci sheets wall and

roof with earth floor                         56        600             44800
                                          Rental unit: dittto construction as
                                          above save for the floor which is
Eunice                 ?????              screed.
    576         800                460800    505600
                                          Rental room: gci sheets wall and
Benson Mungai          ???                roof with screeed floor
    216         800                172800    172800
                                          kiosk: natural stones wall with
                                          screed floor and concrete slab

roof                                        306       1800               244800

Pit latrine: gci Natural stones wall

with RC slab floor                            16        800             27800
                                        Store: Mud walls externally
Gachie Kinuthi                 4846958 plastered with thatched roof
    120        300                 36000     308600
                                          Room: natural stones wall, screed
Njenga                 ???                floor and gci sheets roof
    169         1800               118300    118300




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Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                         Kiosk: Timber offcuts wall with

earth floor underneath gci sheets
Mary Wanjiru                              roof
         345         700            207000     207000
                                          Water kiosk: Gci sheets with
Karuri TC                                 screed floor
            25         600          15000      15000
                                          Outbuilding: timber offcuts with
Harvester Church                          gci sheets roof
         168           600         100800     100800
Eliud Mungai                            shop: natural stones wall with
muuru                          4515526 screed floor and gci roof
         143          1800         257400     257400

Thomson Ikuro           ???               Container: with screed floor
                                    80000      80000
                                        Green grocer kiosk: one tier
Rahab Njambi                   4816311 made of timber offcuts
         108           300          32400      32400

samuel kiragu
githunguri                     25194961 Green grocer kiosk: Ditto as abive
         117           100           11700      11700
                                           Kiosk: gci sheets roof and wall
emily njuhi kariuki    o710851             with screed floor
         224           800          179200     179200

Joseph Mbugua                           shop ( Karuri bar): natural stones

kamau                          1843554 wall screed floor with gci sheets
         616          1800         1108800  1108800

Hotel: gci sheets/ timber offcuts
                                          wall, sand cement screed floor
                                          underneath a gci sheets covering
winnie njeri thairu                       wall
         260        800            208000     208000
                                        Kiosk: Timber offcuts wall with
james ikuru                             screed floor underneath gci
kamau                          1843874 sheets roof
         280           800          224000     224000
                                        Kinyozi: timber offcuts with gci
Samuel karongo                 7320873 sheets roof and screed floor
         126           800         100800     100800



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Resettlement Action Plan for the Proposed 66 kV Transmission Line


Kiosk: timber offcuts with screed
?????                ??????                  floor and gci sheets roof
            441        800          352800     352800

Kiosk: ditto construction details
kariuki wainana                 4314588 as above
             90        800          72000    72000
Athony thairu                            House: gci sheets wall and roof
kamau                           1847360 with earth floor
            460        600          276000   276000
mercy njoki                              Green grocer kiosk: rwo tier
macharia                        9825180 made of timber offcuts
             40        300          12000    12000
                                           Green grocer kiosk: rwo tier
Erasm john           pp no. TA018478       made of timber offcuts
             28        300           8400     8400

samuel ndung'u                           clothes kiosk: timber poles with

gachuhi                        21156750 polythene cover
            97         300          29100   29100

daniel irungu                            clothes kiosk: timber poles with

wanjiru                        14626236 polythene cover
            90         300          27000   27000

shoe kiosk: ditto construction as
francis kinyanjui               2037137 above
            100        300          30000   30000

rueben kaume
imaana                         21485731 kiosk: ditto construction as abo
ve           90        300          27000   27000
margret njeri
njenga                                     Container:
                                    80000    80000
                                         Motor cycle kiosk:    container

7552033 with 2no. Shops
    80000
william gitau                           charcoal shed: chainlink on
machura                        7552033 timber posts with gci sheets roo
f           160       300          48000    128000

joseph gatonye                           butchery/hotel: gci sheets wall
kariuki                        13412033 and roof with screed floor
            972        800          777600   777600
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Resettlement Action Plan for the Proposed 66 kV Transmission Line

                                   Hotel: ditto construction as the

21447656 butchery above                             2400            800
1920000
sophia wambui                       pit latrine: gci wall and screed
njoroge                   21447656 floor
        16        400           21400     1941400
                                    jua kali shed: gci sheets roof and

22934251 wall with earth floor                       72          600
43200       43200
maina joseph                       jua kali shed (small) ditto as
wainana                  22934251 above
         77        300         23100      23100
                                   jua kali shed: gci sheets roof and
peter kiriba             11535107 wall with earth floor
       126         600         75600      75600
julius muigai
gachara                  13673522 container (spare shop):
                               80000      80000
John Gitau                         House: Gci sheets with screed
Kingura                   3079491 floor
         96        400         38400      57600
                                     Church office: Gci sheets with
Full gospel church                   screed floor
       225         400         90000      90000
nancy njeri                          Bar: sawn timber with screed
murima                               floor
       753         600        451800     451800

joseph njoroge
kagundu                    0496278 spare shop Container:
                                80000      80000
                                    Main house: Sawn timber with
Sospeter Kihuyu           22289120 screed floor
       258        800          206400     206400
                                      Extension: natural stones keed
                                      and plastered internally with
                                      screed floor and plate metal

door.                                    225         1800         405000
                                    88 sqfts wall with a plate metal
Ane Wanjiku Ngigi          o990777 gate
        88        1000          88000      493000

Grand Total                                                    30456220



88
Resettlement Action Plan for the Proposed 66 kV Transmission Line



Notes:

1. The empty spaces indicate the property inspected but the owners were n
ot available to give their names and ID numbers
2. Containers are valued at the price of new one since they are movable.




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     Resettlement Action Plan for the Proposed 66 kV Transmission Line




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Resettlement Action Plan for the Proposed 66 kV Transmission Line



Sample questionnaire
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Resettlement Action Plan for the Proposed 66 kV Transmission Line


List of attendance




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     Resettlement Action Plan for the Proposed 66 kV Transmission Line




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     Resettlement Action Plan for the Proposed 66 kV Transmission Line




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     Resettlement Action Plan for the Proposed 66 kV Transmission Line




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     Resettlement Action Plan for the Proposed 66 kV Transmission Line




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     Resettlement Action Plan for the Proposed 66 kV Transmission Line




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     Resettlement Action Plan for the Proposed 66 kV Transmission Line




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