NORTH EASTERN TRANSPORT IMPROVEMENT

PROJECT (NETIP)

PROPOSED UPGRADING TO BITUMEN STANDARDS OF

WAJIR – ELWAK ROAD SECTION 175 KM (A13)

FINAL UPDATED RESETTLEMENT ACTION PLAN (RAP)

JANUARY 2020
TABLE OF CONTENTS

TABLE OF CONTENTS ...................................................................................................................... 1

LIST OF TABLES ................................................................................... Error! Bookmark not defined.
LIST OF FIGURES ............................................................................................................................ 10
LIST OF PLATES .................................................................................... Error! Bookmark not defined.
LIST OF ACRONYMS / ABBREVIATIONS ....................................................................... 1
DEFINITION OF TERMS ...................................................................................................... 3
EXECUTIVE SUMMARY ...................................................................................................... 1
CHAPTER ONE ....................................................................................................................... 1
1. INTRODUCTION ................................................................................................................ 1
1.1 Background .................................................................................................................................... 1
1.2 Project Location............................................................................................................................. 1
Figure 1: Map showing the Wajir – Elwak Road Project .................................................... 2
1.3 Project Justification....................................................................................................................... 2
1.4 Review and Updating of the RAP................................................................................................. 3
1.4.1 Need for Review and Update of the RAP .................................................................... 3
1.4.2 The objectives and scope of the RAP Review.............................................................. 3
1.4.4 Activities carried out during RAP Review Preparation ............................................ 4
1.5 Structure of the Draft Updated RAP Report .............................................................................. 6
CHAPTER TWO...................................................................................................................... 7
2 PROJECT DESCRIPTION ............................................................................................. 7
Introduction ........................................................................................................................................... 7
Details of Project and Project Activities .............................................................................................. 7
2.2.1 NETIP Project ............................................................................................................... 7
2.2.2 Project Activities for Wajir – Elwak Road Section .................................................... 8
2.3 Potential Project Impacts .............................................................................................................. 8
2.3.1 Social Impacts ................................................................................................................ 8
2.3.2 Impacts on Property and Livelihoods........................................................................ 11
2.3.3 Zones of Potential Project Impacts ............................................................................ 11
Table 10 : Project Impact Affected Areas in Wajir and Mandera Counties ................................. 11
2.3.4 Categorization of Project Impacts ............................................................................. 11
Table 11 : Number of Structures / Trees affected in Halane .......................................................... 12
Table 12 : Number of Structures/Trees affected in Wagberi .......................................................... 12
Table 13 :Number of Structures/Trees affected in Lafaley ........................................................... 12
Table 14 :Number of Structures/Trees affected in Tarbaj ............................................................ 12
Table 15 :Number of Structures/Trees affected in Hungai ............................................................. 12

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Table 16 :Number of Structures/Trees affected in Wargadud....................................................... 12
Table 17 :Number of Structures/Trees affected in Kotulo (Wajir) ............................................... 13
Table 18 :Number of Structures/Trees affected in Kotulo (Mandera) ......................................... 13
Table 19 :Number of Structures/Trees affected in Dimu .............................................................. 13
Table 20 :Number of Structures/Trees affected in Dabasit ............................................................ 13
Table 21 :Number of Structures/Trees affected in Garse Sala ...................................................... 13
Table 22 :Number of Structures/ Trees affected in Borehole 11 .................................................... 13
Table 23 :Number of Structures/Trees affected in Elwak .............................................................. 13
Table 25 : Affected Public Institutions and Community Facilities ................................................. 14
Table 26 : Affected Cultural Resources............................................................................................. 16
2.3.5 Identification of the Project Potential Impacts ......................................................... 17
2.3.6 Extent of Project Impact on Property and Livelihoods ........................................... 18
2.3.7 Impact Severity ............................................................................................................ 18
CHAPTER THREE ............................................................................................................... 20
3 MINIMIZING RESETTLEMENT ............................................................................... 20
3.1 Alternatives and Mechanisms to Minimize Displacement/ Resettlement ............................... 20
3.2 Mechanisms Established to Minimize Resettlement................................................................. 20
CHAPTER FOUR .................................................................................................................. 21
4 PROFILE, SOCIO-ECONOMIC SURVEY OF PROJECT AREA & CENSUS OF
PROJECT AFFECTED PERSONS ..................................................................................... 21
General Profile of the Wider Project Area ....................................................................................... 21
4.1.1 Political and Administrative Profile .......................................................................... 21
Figure 2 : Map of Kenya, Highlighting the Project Location Counties.......................................... 21
4.1.2 Infrastructural Development in the Transport Sector ............................................. 22
Plate 1: Current road situation at Tarbaj ......................................................................................... 22
Plate 2: Road section at Garse Sala ................................................................................................... 22
4.1.3 Land Tenure ................................................................................................................ 22
4.1.4 Market and Urban Development ............................................................................... 23
4.1.5 Health and Nutrition ................................................................................................... 23
4.1.6 Water and Sanitation .................................................................................................. 24
Plate 5: Heading to a water source in Dimu...................................................................................... 25
Plate 6: Children in Lafaley transporting water to the homestead ................................................ 25
4.1.7 Education ..................................................................................................................... 25
Plate 7: Model Girls’ School in Kotulo .............................................................................................. 26
Plate 8: Madrasa classroom at DIMU ............................................................................................... 26
Plate 9: Community Library at Tarbaj ............................................................................................. 26
Plate 10: A young boy carrying boards important for Duksi instructions at Dimu ...................... 26

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Census of Project Affected People (PAPS) ........................................................................................ 26
4.2.1 Procedure for Verification of Project Affected Persons (PAPs) ............................. 26
4.2.2 Project Affected Persons (PAPs) ................................................................................ 27
Table 29 : The Number of PAPs Enumerated According to Settlement ........................................ 27
Results Of the Socio-Economic Survey of Project Affected Area ................................................... 27
4.3.1 Socio-economic and Cultural Characteristics of the Potential PAPs ..................... 27
4.3.2 PAP Respondents According to Settlement .............................................................. 27
Table 30 : The Number of PAPs Respondents According to Settlement. ...................................... 27
4.3.3 PAP Household Demographics Organization Characteristics ................................ 28
Table 31: Distribution of Respondents according to Gender and HH Status ............................... 28
Table 32 : Percentage Distribution of Household Heads according to Settlements ...................... 28
Table 33 : Distribution of PAPs Household Members according to Age ....................................... 29
Table 34 : Distribution of PAPs Respondents according to Educational Attainment .................. 29
4.3.4 Vulnerability among PAPs ......................................................................................... 29
Table 35 : Vulnerability among PAPs in Project Affected Area ..................................................... 30
4.3.5 Sources of Livelihood, Occupational and Labour Force Participation among PAPs
30
Table 36 : Distribution of PAPs Respondents According to the main Occupation ...................... 30
Table 37 : Distribution of PAPs Respondents according to Monthly Household Average of
Income .................................................................................................................................................. 31
4.3.6 Social Infrastructural Services ................................................................................... 31
Table 38 : Distribution of PAPs Respondents according to main Mode of Transport ................. 31
Table 39 : Distribution of PAPs Respondents according to Educational Facility Close to the
Settlement ............................................................................................................................................. 31
Table 40 : Distribution of PAPs Respondents according to Main Source of Water Supply........ 32
Table 41 : Distribution of PAPs Respondents according to Type of Toilet Facility Owned......... 32
Table 42 : Distribution of PAPs Respondents according to Household Waste: Garbage Disposal
Method.................................................................................................................................................. 33
Table 43 : Distribution of PAPs Respondents according to Public Health Facility Attended...... 33
Table 44 : Distribution of PAPs Respondents according to Main Source of Energy for Cooking33
Table 45 : Distribution of PAPs Respondents according to Main Source of Energy for Lighting
34
4.3.7 Health Status of the PAP Population & HIV AIDS Knowledge & Prevention ..... 34
Table 46 : Distribution of PAPs Respondents according to Disease Suffered by a Member of the
Household in the Last One Year ........................................................................................................ 34
Table 47 : Distribution of PAPs Respondents according to Ways STIs are Transmitted ............ 35
4.3.8 Project impacts: Magnitude of Expected Loss and Attitude to Project ................. 35
Table 48 : Distribution of PAPs Respondents according to Source of Project Information ........ 35

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Table 49 : Distribution of PAPs Respondents according to Impacts of Projects on Individuals
and the Community ............................................................................................................................. 35
Table 50 : Distribution of PAPs Respondents according to Support to the Project...................... 36
4.3.9 Social and Cultural Characteristics of the Affected Communities ......................... 36
Table 51 : Daily Routine of Activities Performed by Women in the project affected Area ......... 37
Table 52 : Daily Routine of Activities Performed by Men ............................................................... 37
4.3.10 Implications of Socio-economic Baseline Study Findings on Project and RAP
Implementation............................................................................................................................ 38
4.4 RAP Update ..................................................................................................................... 39
CHAPTER FIVE .................................................................................................................... 40
5 POLICY AND LEGAL FRAMEWORK...................................................................... 40
5.1 Introduction ................................................................................................................................. 40
5.2 Legal Framework ........................................................................................................................ 40
5.2.1 Constitution of Kenya (2010) ...................................................................................... 40
5.2.2 National Land Commission Act 2012 ........................................................................ 40
5.3 Relevant Legislation .................................................................................................................... 41
5.3.1 Land Act 2012 .............................................................................................................. 41
5.3.2 Land Registration Act 2012 ........................................................................................ 41
5.3.3 Community Land Act, 2016........................................................................................ 42
5.3.4 The Environment and Land Court Act, 2011 ........................................................... 42
5.3.5 The Land Control Act Cap 302 .................................................................................. 43
5.3.6 Public Roads and Roads of Access Act (Cap. 399) ................................................... 43
5.4 Compulsory Land Acquisition & Compensation for Affected Property & Assets ................ 43
5.4.1 Valuers Act, Cap 532 Laws of Kenya ........................................................................ 45
5.5 Other laws related to Protection of Vulnerable Individuals and GBV ................................... 45
5.5.1 Sexual Offences Act 2012 ............................................................................................ 45
5.5.2 Children Act 2012 ........................................................................................................ 45
5.5.3 Labour Relations Act No. 18 of 2018 ......................................................................... 45
5.5.4 Matrimonial Property Act, No.9 of 2013 ................................................................... 45
5.5.5 Constitutional Provisions for Disability in Kenya .................................................... 46
5.5.6 Gender Based Violence ............................................................................................... 46
5.5.7 Implication of the Legislation to Resettlement ......................................................... 46
5.6 World Bank Safeguard Policies relating to Relocation and Resettlement ............................. 46
5.6.1 Involuntary Resettlement OP/BP 4.12 ....................................................................... 47
5.6.2 Indigenous People: OP/BP 4.10 .................................................................................. 47
5.6.3 World Bank’s Policy Regarding Cultural Properties .............................................. 48
5.7 Commonalities between GoK, and the Bank Guidelines ......................................................... 48

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5.8 Differences between Kenyan Laws and the World Bank Policy ............................................. 49
Table 53 : Comparative Analysis of Government of Kenya Laws and World Bank OP. 4.12
Policy Regulations with regard to the Resettlement Process ........................................................... 50
CHAPTER SIX ....................................................................................................................... 53
6 PARTICIPATION AND CONSULTATION ............................................................... 53
6.1 Introduction ................................................................................................................................. 53
Table 54 :Stakeholder Engagement Undertaken by Design Consultant ........................................ 53
6.2 Stakeholder Engagement in the Resettlement Planning Process ............................................ 56
6.2.1 Stakeholder Engagement Plan/ Participation Strategy ........................................... 56
6.2.2 Stakeholders and Community Members Consulted................................................. 57
Table 55 :Institutions Consulted ........................................................................................................ 57
Table 56 : Table 46: Public Meetings ................................................................................................ 58
Table 57 :Focus Group Discussion Sessions...................................................................................... 58
6.2.3 Community and Stakeholder Concerns and Views .................................................. 59
6.3 Key Issues Raised and the Consultants’ Responses.................................................................. 59
Table 58 : Summary of Issues and Response Matrix ....................................................................... 59
6.3.1 Summary of Issues and Concerns Raised in the Social Assessment related to
Resettlement ................................................................................................................................. 60
Table 59 : Issues raised in Consultations and Responses in the Social Assessment ...................... 61
Table 60 : Summary of Outcome of the PAP Consultation of the Social Assessment................... 62
Table 81: Town / Settlement Specific Issues and how RAP has Addressed the concerns............ 65
6.4 Consultation With Other Stakeholders ..................................................................................... 70
Table 82 :Public and Private Governmental and NGOs Consulted .............................................. 70
6.5 Consideration Of Stakeholders Views In RAP Preparation .................................................... 72
6.6 Community Members’ Alternative Resettlement Measures ................................................... 72
CHAPTER SEVEN ................................................................................................................ 73
7. ELIGIBILITY CRITERIA ......................................................................................................... 73
7.0 Introduction ................................................................................................................................. 73
7.1 Principles Guiding Eligibility for Compensation ....................................................................... 73
7.2 Eligibility for Compensation....................................................................................................... 73
7.2.1 Eligibility and Cut - off Date ...................................................................................... 73
Table 83 : Cut Off Dates Established during RAP study by design Consultant .......................... 74
7.2.2 Eligibility for Compensation and Property Ownership ........................................... 74
7.2.3 Eligibility for Compensation and Derivation of Livelihoods ................................... 74
7.3 Ownership Categories and Categories of Losses ...................................................................... 74
7.4 Exclusion from Eligibility ........................................................................................................... 75
CHAPTER EIGHT ................................................................................................................ 76
8.0 PROJECT IMPACTS AND ENTITLEMENT MATRIX ....................................................... 76

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8.1 Introduction ................................................................................................................................. 76
8.2 Forms of Compensation .............................................................................................................. 76
8.2.1 Cash Compensation to Individual Property and Asset Owners .............................. 76
8.3 Replacement in Kind ................................................................................................................... 76
8.4 Impacts and resettlements .......................................................................................................... 77
8.4.1 Institutions ................................................................................................................... 77
8.4.2 Relocation of Graves ................................................................................................... 77
8.4.3 Religious Institutions ................................................................................................... 77
8.4.4 Squatters...................................................................................................................... 77
8.4.5 Vulnerable Populations ............................................................................................... 77
8.5 Entitlement Matrix ...................................................................................................................... 78
Table 84 : Entitlement Matrix ........................................................................................................... 78
8.6 Consultation with and Incorporation of Views of PAPs in Compensation ............................ 88
CHAPTER NINE ................................................................................................................... 89
9 VALUATION CRITERIA ............................................................................................. 89
9.1 Introduction ................................................................................................................................. 89
9.2 Valuation Process for Land and Other Assets .......................................................................... 89
9.3 Valuation of Land ........................................................................................................................ 89
9.4 Valuation of Structures ............................................................................................................... 89
9.5 Valuation of Trees ....................................................................................................................... 90
9.6 Valuation for Loss of Regular Income ....................................................................................... 90
9.7 Valuation of Fences ..................................................................................................................... 90
CHAPTER TEN ..................................................................................................................... 91
10 LIVELIHOODS & INCOME RESTORATION ...................................................................... 91
10.1 Introduction ................................................................................................................................ 91
10.2 Strategy for Livelihoods & Income Restoration ....................................................................... 91
10.2.1 Participation of Stakeholders and PAPS in Development of Livelihood Restoration
91
Strategy ........................................................................................................................................ 91
10.2.2 Livelihood Restoration for Individual PAPs ............................................................. 91
10.2.3 Social Infrastructure Benefits to the Local Vulnerable and Marginalised Groups
93
(a) Re-establishing Common Property Resources.............................................................. 93
(b) Land‐ Based Restoration Component ........................................................................... 93
(c) Non-Land Restoration Component................................................................................ 93
(d) Vulnerable Groups .......................................................................................................... 93
11. GRIEVANCE REDRESS MECHANISM ..................................................................... 95

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11.1 Introduction ................................................................................................................................. 95
11.2 Rationale for Grievance Redress Mechanism ........................................................................... 95
11.3 Existing Mechanisms for Dispute Resolution............................................................................ 95
11.4 Purpose of the Grievance Redress Mechanism ......................................................................... 95
11.5 Types of likely Grievances and Disputes in the Project Sites .................................................. 96
11.6 Proposed Grievance Redress Mechanism ................................................................................. 96
11.6.1 First Level: Local Level Resettlement Site Grievance & Resettlement Committee
96
11.6.2 Second Level: Sub County Mediation Committee.................................................... 97
11.6.3 Third Level: County Level Mediation Committee ................................................... 97
11.6.4 Fourth Level: Resort to Justice .................................................................................. 98
11.7 Grievance Mechanism Steps and Procedures ........................................................................... 98
11.7.1 First Step: Receipt of Complaint/Grievance ............................................................. 98
11.7.2 Second Step: Determination of Corrective Action ................................................... 99
11.7.3 Third Step: Meeting with the Complainant .............................................................. 99
11.7.4 Fourth Step: Implementation of Corrective Action ................................................. 99
11.7.5 Fifth Step: Verification of Corrective Action............................................................ 99
11.7.6 Sixth Step: Action by Grievance and Resettlement Committee .............................. 99
11.7.7 Seventh Step: Alternative Action/Judicial Recourse and National Land
Commission .................................................................................................................................. 99
11.8 Remuneration of Grievance Redress and Compensation Committee Members ................. 100
Figure 3: Grievance & Dispute Handling Mechanism ................................................................... 100
11.9 Appointment of Grievance Redress and Compensation Committee Members ................... 101
11.10 Capacity-Building for the Grievance Officer and Grievance Committee .................... 101
CHAPTER TWELVE .......................................................................................................... 102
12 RAP ORGANIZATIONAL STRUCTURE & INSTITUTIONAL ARRANGEMENTS
................................................................................................................................................ 102
12.1 Introduction ............................................................................................................................... 102
12.2 Institutions Responsible for RAP Implementation ................................................................. 102
12.3 RAP Implementation Unit ........................................................................................................ 102
Fig 4: RAP Implementation Unit ..................................................................................................... 103
12.4 Remuneration to RAP Implementation Unit (RIU) ............................................................... 104
12.5 Procedures for Effecting Payments .......................................................................................... 104
12.5.1 Compensation Payment .............................................................................................. 104
12.5.2 Schedule of Implementation ....................................................................................... 104
13. MONITORING AND EVALUATION......................................................................... 105
13.0 Purpose of Monitoring .............................................................................................................. 105
13.1 General Objectives of Monitoring ........................................................................................... 105

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13.2 Internal Monitoring .................................................................................................................. 105
13.2.1 Performance Monitoring ....................................................................................................... 105
13.2.2 Impact Monitoring ................................................................................................................. 105
13.3 External Evaluation .................................................................................................................. 106
13.4 Monitoring Indicators & Tools ................................................................................................ 106
13.4.1 Monitoring Indicators ............................................................................................................ 106
Table 85 : Monitoring Indicators ..................................................................................................... 106
13.4.2 Monitoring Tools .................................................................................................................... 107
13.5 Rap Completion Report ............................................................................................................ 107
13.6 Completion Audit ...................................................................................................................... 107
CHAPTER FOURTEEN ..................................................................................................... 108
14. RAP IMPLEMENTATION SCHEDULE................................................................................. 108
14.1 Introduction ............................................................................................................................... 108
14.2 RAP Implementation Schedule ................................................................................................ 108
Table 86 : RAP Implementation Schedule ..................................................................................... 109
15. RAP COSTS & BUDGET .......................................................................................................... 110
15.0 Introduction ............................................................................................................................... 110
15.1 Compensation & Implementation Budgets ............................................................................. 110
15.1.1 RAP Compensation ................................................................................................................ 110
Table 87 : Total Compensation for Structures, Livelihoods and Trees ....................................... 110
Table 88 : The Compensation for Disturbance Allowance (15 %) ............................................... 110
Table 89 : Total Compensation Package ......................................................................................... 110
15.1.2 Other Compensation Aspects ................................................................................................ 110
15.1.3 RAP Implementation ............................................................................................................. 110
Table 90 : RAP Implementation Costs ........................................................................................... 110
15.1.4 Total RAP Budget .................................................................................................................. 110
Table 91 : Total RAP Budget ........................................................................................................... 110
16. REFERENCES ............................................................................................................... 111
17. ANNEXES ................................................................................................................................... 112
ANNEX A: LIST OF ATTENDANCE ............................................................................... 147
1. Meeting with CEC-Roads, Wajir County Government ............................................................. 147
2. Meeting with Assistant County Commissioner – Kotulo Sub-County ..................................... 148
3. Meeting with Deputy County Commissioner – Wajir Central Sub-County ............................ 149
4. Meeting with County Commissioner – Wajir County ............................................................... 150
5. Meeting with Deputy County Commissioner – Tarbaj Sub-County ........................................ 151
6. Meeting with OCS – Tarbaj Police Station ................................................................................. 152
7. Meeting with CEC Lands – Wajir County.................................................................................. 153

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8. Focus Group Discussion – Warigadud Location ........................................................................ 154
9. Public Stakeholder Meeting Hungai – Wajir County ................................................................ 155
10. Public Stakeholder Meeting Hungai - Wajir County ............................................................... 156
11. Focus Group Discussion Tarbaj – Wajir County ..................................................................... 157
12. Focus Group Discussion Wagberi – Wajir County .................................................................. 158
13. Public Stakeholder Consultation Meeting Wagberi/Halane – Wajir County........................ 159
14. Public Stakeholder Consultation Meeting Wagberi/Halane – Wajir County........................ 160
15. Public Stakeholder Consultation Meeting Elwak – Mandera County ................................... 161
16. Focus Group Discussion Elwak – Mandera County ................................................................ 162
17. Public Stakeholder Consultation Meeting Elwak – Mandera County ................................... 163
18. Public Stakeholder Consultation Meeting Dimu – Mandera County..................................... 164
19. Key Informant Interview Elwak/ Kotulo – Mandera County ................................................. 165
20. Public Stakeholder Consultation Meeting Kotulo – Mandera County .................................. 166
21. Public Stakeholder Consultation Meeting Kotulo – Mandera County .................................. 167
22. Public Stakeholder Consultation Meeting Bore Hole 11 – Mandera County ........................ 168
23. Public Stakeholder Consultation Meeting Dabacity– Mandera County ................................ 169
24. Public Stakeholder Consultation Meeting Garse Sala – Mandera County ............................ 170
ANNEX B: MINUTES ......................................................................................................... 171
ANNEX C: PREVIOUS PUBLIC CONSULTATION & ENGAGEMENT................... 188
Stakeholder Engagement Undertaken by the Design Consultant on all the settlements lying
along Wajir-Kotulo (Wajir) Road Sub-Section .............................................................................. 189
Table: Summary of Issues from Key Informants (Settlements along Wajir- Kotulo (Wajir).... 192
Sub - Section ...................................................................................................................................... 192
Key Issues Raised During Public Consultation in all the Settlements Situated along Kotulo
(Mandera)- Elwak Road Sub Section: ............................................................................................. 197
ANNEX D: LETTER FROM KOTULO (WAJIR) SENIOR CHIEF ON SUPPORT OF PAP
PROPERTY OWNERSHIP ............................................................................................................. 200
ANNEX E: DOCUMENTATION OF LAND OWNERSHIP IN PROJECT AREA .................. 201
ANNEX F: PHOTOGRAPHS ............................................................................................. 204
204
Plate 11: Consultation Meeting with CEC Roads .......................................................................... 204
Plate 12: Meeting with CEC Lands and Planning .......................................................................... 204
Plate 13: Planning meeting at Tarbaj Sub County......................................................................... 204
Plate 14: FGD meeting by consultants with chiefs Tarbaj Town.................................................. 204
Plate 15: Consultation meeting at Kotulo Sub- County ................................................................. 204
Plate 16: Consultations with security at Elwak, Mandera............................................................. 204
Plate 17: Consultation with local leaders at Elwak Central .......................................................... 205
Plate 18: Consultation meeting at Wajir ......................................................................................... 205

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Sub – County...................................................................................................................................... 205
Plate 19: The Consultant and NGAOs at Elwak ............................................................................ 205
Plate 20: Security personnel during RAP Study at Bulla- Afya Location, Mandera County .... 205
Plate 21: Consultation with Women at Dimu ................................................................................. 205
Plate 22: Consultation with ADAPC Tarbaj on affected Police Fence at Tarbaj AP Camp ...... 205
Plate 23: Public Consultation Meeting for Halane / Wagberi Settlement at Halane Location
Chief’s Office ..................................................................................................................................... 206
Plate 24: Public Consultation Meeting for Tarbaj Town Settlement at Tarbaj Sub – County
Headquarters ..................................................................................................................................... 206
Plate 25: Consultation with Community Elders and Religious Leaders at Tarbaj Mosque ...... 206
Plate 26: Consultation with the Community on Formation of GRM Committee at Tarbaj Town
206
Plate 27 : FGD at Hungai Settlement .............................................................................................. 206
Plate 28: Public Consultation Meeting for Kotulo Settlement at Sub County Headquarters .... 206
Plate 29: Public Consultation Meeting for Wargadud Settlement at Wargadud Market ......... 207
Plate 30: Public Consultation Meeting with the Youth at Dimu Settlement ................................ 207
Plate 31: Public Consultation with the Community at Borehole 11 Settlement .......................... 207
Plate 32: Public Consultation with the Community at Elwak Town held at the Mandera Central
Sub-County Headquarters................................................................................................................ 207
ANNEX G: DETAILED ASSETS INVENTORY & VALUATION ROLL ................... 208
ANNEX H: ACTION PLAN FOR ISSUES IN THE RAP NOT YET RESOLVED . Error!
Bookmark not defined.

LIST OF FIGURES
Figure 1: Map showing the Wajir – Elwak Road Project .................................................... 2
Figure 2 : Map of Kenya, Highlighting the Project Location Counties.......................................... 21
Figure 3: Grievance & Dispute Handling Mechanism ................................................................... 100
Fig 4: RAP Implementation Unit ..................................................................................................... 103

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LIST OF ACRONYMS / ABBREVIATIONS

ACC Assistant County Commissioner

ACTED Agency for Technical Cooperation & Development
ALDEF Arid lands Development Forum
BCC Behaviour Change Communication
CBO Community-Based Organization
CEC County Executive Committee
CC County Commissioner
DCC Deputy County Commissioner
ECDE Early Childhood Development & Education
ESI Environment & Social Interest
ESIA Environmental and Social Impact Assessment
FGD Focus Group Discussion
GBV Gender-Based Violence
CGI Corrugated Galvanized Iron
GRC Grievance Redress Committee
GRM Grievance Redress Mechanism
GoK Government of Kenya
HIV / AIDS Human immuno Virus / Acquired Immune Deficiency Syndrome
HH Household
ICTA Information and communication technology Authority
ID Identity Card
IDA International Development Assistance
IDP Internally Displaced
IED Improvised Explosive device
IFC International finance Corporation
KDHS Kenya demographic and health Survey
KeNHA Kenya National Highways Authority
KII Key informant Interview
KM Kilometre
M&E Monitoring & Evaluation

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NASCOP National Aids & STI Control Programme
NDMA National Drough Management Agency
NER Net Enrolment Ratio
NETIP North Eastern Transport Improvement Programme
NGAO National Government Administration Officer
NGO Non Governmental Organization
NLC National Land Commission
NMK National Museums of Kenya
OCS Officer Commanding Station
OP Operating Policy
OCPD Officer Commanding Police Division
OVC Orphaned and Vulnerable Children
PAP Project Affected Person
PLWD People Living With Disability
RAP Resettlement Action Plan
RFP Resettlement Policy Framework
RIU Rap Implementation Unit
ROW Right of Way
STI Sexually Transmitted Infection
VIP Ventilated Improved Pit
VMGs Vulnerable and Marginalized Groups
WASDA Wajir South Development Association

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DEFINITION OF TERMS

Census means a field survey carried out to identify and determine the number of NETIP Road
subproject Affected Persons (PAP) or Displaced Persons (DPs) as a result of land acquisition
and related impacts. The census provides the basic information necessary for determining
eligibility for compensation, resettlement and other measures emanating from consultations
with affected communities and the local government institutions.

Compensation – Is the payment in kind, cash or other assets given in exchange for the loss
suffered from the acquisition of land on which fixed assets are situated as well as other
impacts resulting from the road construction activities.

Corridor of impact: is 15 metres wide for this project and it includes the immediate safety
zone and any areas that impact directly on people’s livelihoods. Whatever has to be removed
or demolished, whether permanently or temporarily, is by definition inside a corridor of
impact.

Cut-off Date - The World Bank accepts the date of the baseline survey as the cutoff date for
eligibility: those in the area before the census begins are eligible for compensation and
assistance, as relevant and those who arrive after the cut off date are not.

Displaced Persons – Refers to persons who, for reasons due to loss of their assets under the
road construction project, will suffer direct economic and or social adverse impacts,
regardless of whether or not the said Displaced Persons are physically relocated. These
people may have them: standard of living adversely affected, whether or not the Displaced
Person will move to another location; lose right, interest in any houses or any other fixed or
movable assets acquired or possessed, lose access to productive assets or any means of
livelihood.

Disturbance allowance: this is a support to the affected persons and affected households
during their move. It is provided for under the Kenyan government legislation and has been
considered under this RAP at 15 percent. This caters for the following:
 Transport assistance: a truck to transport their belongings to new sites.
 Moving allowance: to allow them to make small purchases to smooth the move process
to their new houses. This is separate from any compensation payments for income lost
until they restore their business or livelihood.

Economic Displacement loss of income streams or means of livelihood resulting from land
acquisition or obstructed access to resources (land, water, forest) resulting from construction
or operations of a project or its associated facilities. Income streams is the earning/profits
received regularly by a PAP from a business/venture/undertaking.

Entitlement Refers to the range of measures comprising cash and/or in-kind

compensation, rehabilitation assistance, transfer assistance, and relocation which are
owing to livelihood restoration and/ or PAPs, depending on the type, degree and nature of their
losses, to restore their social and economic situation.

Encroachers are those people who extend their infrastructure or other land-based activities
into land that does not belong to them. Encroachers may have personal investment in

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structures or agricultural crops. They are entitled to compensation at replacement cost (or an
equivalent amount of rehabilitation assistance) for these lost assets.

Involuntary Resettlement refers both to physical displacement and to economic

displacement as a result of project-related land acquisition. Resettlement is considered
involuntary when affected individuals or communities do not have the right to refuse land
acquisition that results in a displacement. This occurs in cases of (i) lawful expropriation or
restriction on land use based on the eminent domain; and (ii) negotiated settlements in which
the buyer can resort to expropriation or impose legal restrictions on land use if the
negotiations with the seller fail. In the event of adverse economic, social or environmental
impacts from project activities other than land acquisition (such as loss of access to assets or
resources or restrictions on land use,) such impact will be avoided, minimized, mitigated or
compensated for through the social and environmental assessment process of the bank on
Social and environmental assessment and Management.

Land refers to agricultural and/or non-agricultural land and any structures thereon whether
temporary or permanent and which may be required for the NETIP sub-project activities.

Land acquisition means the process by which a project acquires land from affected
individuals or households in exchange for compensation at replacement value.

Livelihood restoration means the restoration of ‘a livelihood’ which can provide for the
wellbeing of the family. This can include elements from the original livelihood and/or
livelihood strategies. The provision of development assistance in addition to compensation
such as credit facilities, training, job opportunities, economic opportunities, veterinary care
and extension advice, support to animal producer groups with micro-credit through third-
party providers, abattoirs for storage and marketing of animals to enable them to get better
prices for their animals.

Project-affected Household (PAH) – The family or collection of project affected persons

that will experience effects from land acquisition regardless of whether they are physically
displaced or relocated or not.

Project affected Person - Any person experiencing loss of assets or loss of access to income,
whether of a temporary or a permanent nature due to land acquisition process, regardless of
whether they are physically displaced or relocated or not.

Physical displacement – where there is loss of shelter and assets resulting from project-
related acquisition of land and/or restrictions on land use that requires the affected persons to
move to another location.

Replacement cost for houses and other structures – This means the market cost to build a
replacement structure with an area and quality similar to or better than those of the affected
structure, or to repair a partially affected structure plus the cost of transporting building
materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost
of any registration and transfer taxes.

Resettlement - This refers to the process by which those adversely affected by the road
project are assisted in their efforts to improve, or at least to restore, their incomes and living
standards.

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Resettlement Action Plan - This refers to a time-bound plan or document with a budget,
setting out resettlement strategy, objectives, eligibility criteria, entitlements, actions,
responsibilities, monitoring and evaluation prepared to mitigate adverse effects and provide
development benefits to persons and communities affected by the road project.

Resettlement Assistance – Support provided to people who are physically displaced by a

project The measures may include allowances, residential housing or rentals, whichever is
feasible and as required, for ease of resettlement.

Replacement cost: The replacement of assets with an amount sufficient to cover the full
replacement cost of lost assets and related transaction costs. In terms of land, this may be
categorized as follows:

 Replacement cost for agricultural land: The pre-project or pre-displacement,

whichever is higher, value of land of equal productive potential or use located in the
vicinity of the affected land, plus the costs of: preparing the land to levels similar to
those of the affected land; any registration, transfer taxes and other associated fees.
 Replacement costs for land in urban areas: the market value of the land of equal
size and use, with similar or improved public infrastructure facilities and services
preferably located in the vicinity of the affected land, plus the cost of any registration
and transfer taxes;
 Replacement cost for houses and other structures: The prevailing cost of replacing
affected structures of the quality similar to or better than that of the affected structures
in an area. Such costs shall include; building materials; transporting building materials
to the construction site; any labour and contractors ‘fees; and any registration costs.

Squatters – This refers to members of the community who have illegally occupied public
land. These persons will receive compensation for structures or other fixed improvement of
the land and provision of resettlement assistance for residential relocation and livelihood
restoration if applicable need to resettle the displaced squatters.

Vulnerable and Marginalized Groups –This are communities as defined under Article 260
of the Constitution of Kenya (2012) and refered to as marginalised community. Defined also
under the World Bank Operational Standards OP 4.10 on Indigenous Peoples.(a) a community
that, because of its relatively small population or for any othe reason, has been unable to fully
participate in the integrated social and economic life of Kenya as a whoe; (b) a traditional
community that, out of a need or desire to preserve its unique culture and identity from
assimilation, has remained outside the integrated social and economic life of Kenya as a
whole; (c) an indigenous community that has retained and maintained a traditional lifestyle
and livelihood based on a hunter or gatherer economy; or (d) pastoral persons and
communities, whether they are- (i) nomadic; or (ii) a settled community that, because of its
relative geographic isolation, has experienced only marginal participation in the integrated
social and economic life of Kenya as a whole.

Vulnerable PAPs means any people who might suffer disproportionately or face the risk of
being marginalized from the effects of resettlement i.e.; (i) female-headed households with
dependents; (ii) disabled household heads; (iii) poor households; (iv) landless elderly
households with no means of support; (v) households without security of tenure; (vi) child-
headed household, (vii) households with people living with terminal illnesses or disability.

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6
 EXECUTIVE SUMMARY

Background

1. This document is an updated Resettlement Action Plan (RAP) Study report for the
proposed upgrading to bitumen standards of Wajir–Elwak road section 175 km (A13).
The road section is part of the North-Eastern Transport Improvement Project (NETIP)
corridor financed by the International Development Association (IDA) and is aimed at
stimulating the development and integration of the region to the rest of the Country and
the neighboring States of Ethiopia, Somalia and beyond.

2. The report is an update of the review on the RAP done by GIBB Africa Limited for Wajir
– Kotulo (Wajir) and Kotulo (Mandera)–Elwak subsections in the year 2017/2018 based
on the category B classification. However, based on a recent review, the road project has
been reclassified as category A. This necessitated the review and updating of the initial
draft RAPs in accordance with category A Project.

Project Location

3. The project is located in the North-Eastern region of Kenya. The road corridor traverses
Wajir and Mandera Counties. The proposed road project starts at Wajir Town (km 000)
and proceeds in a northerly direction to Lafaley (km 11), Tarbaj Town (km 51) before
taking an Easterly course through Hungai (km 61), Wargadud (km 81), Kotulo Wajir (km
113) onto Kotulo Mandera (km 119) located at the border of Wajir and Mandera Counties.
It then takes a northeasterly direction towards Dimu (km 137 + 400), Dabasit / Garse Sala
(146), Borehole 11 (km 162 + 150) and ends at Elwak Town (km 175). Administratively,
the road project traverses four sub-counties: Wajir Central, Tarbaj, Kotulo and Mandera
Central.

Project Justification

4. The Constitution of Kenya (2010) guarantees all citizens and regions in the Country the
right to equal access to services and infrastructure. Northern Kenya has experienced
marginalization resulting in poor road conditions that cut off the region from the other
parts of the country especially during the rainy season. The inherent remoteness and poor
access to services, markets for both livestock and other commodities, compounded by the
arid environment has exacerbated poverty levels in the region and hindered the efforts of
both levels of Government to improve the livelihoods of the local populace.

5. The development of roads improves the wellbeing of the citizens through increased access
to markets and other basic services. Transport and telecommunication systems are critical
determinants of the physical costs of accessing markets. Thus, poor infrastructure network
restricts the development of input and product markets and region at large. Furthermore,
improved security will be realized in the region as attested to by local inhabitants during
the stakeholder engagements in the earlier study where it was pointed out that the areas
between Kotulo (Mandera) and Borehole 11 are known to be the movement corridors used
by illegal and outlawed terror gangs and the Somali based Al- Shabaab insurgents. In the
wider project area, there have been incidents of attacks and the kidnapping of foreigners.
It is also common for Improvised Explosive Devices (IEDs) to be planted on the current
(earthen) road shoulders thus having maximum impacts on vehicles using the road.

1
6. Both the security and local and international humanitarian agencies have difficulties to
respond to emergencies in the area due to the poor state of the road. The proposed project
will, therefore, enhance development efforts by the County and National Government in
promoting equity and poverty eradication. The improvement of the international road to
bitumen standards will promote the economic corridor serving Kenya and other
neighbouring countries and consequently lead to improved transit transport efficiency,
promotion of regional trade and investment and facilitate closer integration of the
economies of the countries involved.

Need for Review and Update of the RAP

7. The reasons for review arose from the reclassification of the road as a category A project.
The updating was necessary since the project is likely to have significant adverse
environmental and social impacts that are sensitive, diverse or unprecedented. Relevant
and specific to the resettlement are potential occupational health and safety, community
health and safety risks and impacts during construction, labour influx and land acquisition
and resettlement impacts. Additionally, these impacts are generally large scale,
irreversible, cumulative and may affect an area broader than the present thirteen (13)
settlement sites located along the road corridor. Project preparation, therefore requires a
sustained and intense stakeholder engagement process during the design and RAP
preparation and throughout project implementation. The review and update is to be carried
out in a manner consistent World Bank safeguard policies and procedures, relevant laws
and regulations of the Government of Kenya (GoK), and KeNHA Environmental policy
requirements under which the subproject is financed.

The objectives and scope of the RAP Review

8. The objectives of the RAP Review and update are:

i. To review the existing draft RAP reports and the process through which they were
prepared in terms of their completeness, consistency and compliance with the
World Bank Involuntary Resettlement Policy.
ii. To undertake the necessary activities to complete, rectify and address any gaps in
existing RAP Reports and the process through which they were prepared,
including additional survey, consultation and coordination with the project design
and other teams.
iii. To revise and update the current RAP Reports in the form and substance that is
consistent and compliant with the World Bank OP 4.12.

Structure of the RAP Report

9. The report is comprised of the following major sections: Executive Summary,

Introduction, Project Description, Minimizing Resettlement, Profile, Socio-Economic
Survey of Project Area & Census of Project affected Persons, Policy and Legal
Framework, Participation and Consultation, Eligibility Criteria, Project Impacts and
Entitlement Matrix, Valuation Criteria, Livelihoods & Income Restoration, Grievance
Redress Mechanism, Implementation Schedule, Monitoring and Evaluation,
Implementation Schedule, Rap Costs & Budget, References and Annexes.

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Project Description

10. The NETIP project comprises of three key components:

 Component 1: Upgrading Selected Critical Road Infrastructure and associated

roadside amenities.
 Component 2: Institutional Development and Project Monitoring and Management
 Component 3: Enhancing Internet Connectivity.

11. The Project activities for the Wajir-Elwak Road entails improving the existing road to
bitumen standards under component one (1) described above. The main activities in
bituminizing the road will involve excavation and earthworks, paving construction and
laying of surface and sub base. A large part of the road alignment is largely unsettled and
has adequate space to accommodate the required 60 M corridor. It is expected that other
facilities such as lay- bays, bus–bays, and widening at market centres will be constructed
within the 60 metres corridor along the road.

Potential Project Impacts

12. The anticipated project impacts will be socio-economic, cultural as well as impacts on
property and livelihood.

- Social Impacts
Broadly, Social impacts include the social, economic and cultural impacts. They are:
i. Demographic impacts
ii. Family and community impacts
iii. Alterations in existing gender relations
iv. Health and social wellbeing impacts
v. Economic impacts
vi. Cultural impacts

- Impacts on Property and Livelihoods

The RAP study has highlighted the project’s potential impacts on property and
livelihood activities likely to be affected by the implementation of Wajir – Elwak
Road project. The highlights are based on the analysis derived from the updated PAP
census and valuation roll.

Zones of Potential Project Impacts

13. The Road project corridor covers a total length of 175 KMs starting at Wajir town in
Wajir County and terminates at Elwak area in Mandera County. Therefore, generally this
is the direct zone of influence. In the settled area, community members are involved in
both formal and informal livelihood activities within the road reserve especially kiosks
and sheds housing informal business enterprises and household domestic dwellings. There
are also formal institutional, commercial and residential buildings falling within the Right
of Way (ROW) and these will be partially or permanently be affected. The Project will
therefore lead to economic displacement of Project Affected Persons (PAPs) in the
thirteen (13) settlements. Census results for the Project Affected Persons shows that there

3
 are 1,355 affected persons. The table below shows the areas around which impact will be
felt.

Table 1 : Project Impact Affected Areas in Wajir and Mandera Counties

S/No. County Settlement Chainage
1 Wajir Halane KM 000 + 000 – KM 6+000
2 Wagberi KM 000 +000 – KM 6 + 000
3 Lafaley KM 10 + 800 – KM 11+ 500
4 Tarbaj KM 50+ 000 – KM 53 + 000
5 Hungai KM 60 + 000 – KM 62 + 000
6 Wargadud KM 81 + 000 – KM 83 + 000
7 Kotulo (Wajir) KM 110+500 - KM 113+000
8 Mandera Kotulo (Mandera) KM 119+000 – KM 120 +500
9 Dimu KM 137+400 – KM 138+500
10 Dabasit KM 148+000 – KM 149+ 700
11 Garse sala KM 148+000 – KM 149 + 700
12 Borehole 11 KM 162 + 150 – KM 163 +600
13 Elwak KM 171 +275 – KM 177 + 425

Categorization of Project Impacts

14. On the basis of the revised and updated data from the Census and Socio-economic study,
the RAP has categorized the project impacts according to the PAPs’ property/structures
lost, livelihood loss and community resources and institutions as shown in the tables
below.

c) Impact on Community Resources and Public Institutions

15. There are several educational, religious and security institutions situated within the ROW
which will be affected either partially or permanently as presented in the tables below:

Minimizing Resettlement

Alternatives and Mechanisms to Minimize Displacement/ Resettlement

16. The RAP has provided several alternatives and mechanisms for consideration in order to
avoid/minimize displacement/resettlement during the design and implementation phase of
the project. The recommendations are based on the aspirations and concerns raised by the
members of the community and other key stakeholders during the public stakeholder
consultations as described in section Seven (7) of the revised draft RAP report.

Mechanisms Established to Minimize Resettlement

17. Two mechanisms have been put in place to minimize resettlement to the extent possible
during project implementation and they involve maintaining the proposed project within
the existing corridor to most of the areas, and road re-design at Tarbaj and Elwak
settlements to create bypass roads to avoid demolition of larger proportions of structures
lying within the 60m road corridor and maintaining the existing 40 M road corridor to
pass through the towns for their sustenance without much alterations to the setting of the

4
 towns. The bypasses were fronted and supported by the area communities in Tarbaj and
Elwak.

Profile, Socio-Economic Survey of Project Area and Census of Project Affected Persons

Vulnerable and Marginalized Groups

18. The project traverses Wajir and Mandera Counties located in the North-Eastern part of
Kenya. The project area has the presence of pastoralist communities that meets the criteria
in OP 4.10. A social assessment (SA) was carried out in accordance with World Bank’s
O.P 4.10, Free, Prior and Informed Consultations (FPIC) with Vulnerable and
Marginalized Groups (VMGs) lead to broad community support for the project. The SA
analyzed VMGs social issues, establish project impacts, mitigation measures and FPIC
that informed the design of the project. This SA will enable the project to be responsive to
social development concerns, including seeking to enhance benefits for vulnerable and
marginalized groups while minimizing or mitigating risk and adverse impacts. It analyses
distributional impacts of intended project benefits on VMGs and identifies differences in
assets and capabilities to access the project benefits. Impact identified to the VMGs
included loss of livelihoods and grazing lands.

19. Isiolo, Wajir, and Mandera counties are inhabited predominantly by the Borana and
Somali who are the marginalized and vulnerable groups found along the project corridor.
The Borana, one of the VGMs identified by the SA are the dominant ethnic group in
Isiolo county found in the following trading centers along the project corridor in Isiolo
County Kachiuri, Kulamawe, and Modogashe. The Somali are found in the three counties
but are the dominant ethnic group in Mandera and Wajir counties. In Wajir County, they
are in the following trading centers Habaswein, Laghbogol, Tarbaj, and Kutulo. These
ethnic groups are part of the Northern Kenya population classified as marginalized
according to the Constitution of Kenya, which also categorizes the three counties as
marginalized.

Census of Project Affected People (PAPs)

The census was carried out to document the current occupants of the Project Affected People
(PAPs) within the road RoW in all the thirteen (13) settlements. The data is important as it
will form the basis for future RAP decision making regarding eligibility for compensation and
resettlement assistance.

Socio-Economic Survey of Project Affected Area

20. A survey to determine the Socio-economic and Cultural characteristics of the potential
PAPs was conducted between 2nd January 2019 and 14th April 2019 to obtain primary data
to serve as the baseline for designing the resettlement program. The survey adopted the
entire population (100%) for the administration of the household questionnaire. This was
possible because of the concentrated nature of settlement of households within the study

5
 area making it convenient for the RAP study team to conduct the survey alongside other
activities including the Household census and property valuation.

Major Conclusions from the Socio-Economic Study

21. The demographic data shows that majority of the respondents were male (61%), while 36
% were women. The survey findings further show that 69% of the households are male-
headed. The survey data shows that the majority of the PAPs fall within the age bracket
25-44 (41%), while the population of children comprises 28% of the population of the
settlements in the study area. All the respondents belong to the Islamic religion (100%)
with the majority of respondents indicating that they belong to the Somali ethnic
community (92%). Additionally, 7.4 % of the respondents indicated their ethnic affiliation
as Degodia. Approximately 62% of the PAP respondents in the project affected area have
not attained any formal schooling, while a paltry 12% have attended primary education.

22. The forms of vulnerability characteristics highlighted among PAPS during the survey
included the Disabled (0.4%), Single parent (0.2%), internally displaced persons - IDPs
(0.56%) Orphans and Vulnerable Communities (OVCs) (0.18%), widowhood/widower
hood (0.659%), divorced (1.20%) and the chronically ill (0.003%) and elderly (0.659).
According to the RAP Study, land ownership in the project area is communal with 87 %
of the PAP respondents indicating that the proof of land ownership is chiefs’ letter. The
socio-economic survey study showed that The PAP household heads’ monthly income
levels ranged from 4,000 to 180,000. The overall majority of the respondents (32% %)
earned incomes below 10,000 followed by 21 % who earned income ranging between
61,000 – 90,000.
23. The main mode of transport used within the study site is matatu/van (62 %). On the
provision of educational facilities, the majority of the PAP respondents (89%) indicated
that public schools were close to the settlement. The data shows that majority of the
respondents (82%) depend on Borehole as the main source of water for the household.
The survey indicated that 56.8 % of the PAP respondents own a toilet. The most
commonly used type of toilet facility by the PAPs in the study area is pit latrine with
concrete (30.2 %), followed by V.I.P Toilet (16%). Majority of PAPs dispose of their
household waste by burning (92.6%), while the rest bury (3.4%), throw (2.8%) and use
compost pit (1.1 %).
24. The PAP respondents indicated that the community mainly relies on public health
facilities (47 %) for treatment. The main PAPs’ source of household energy for cooking
was firewood (79.8 %) followed by charcoal (8 %). The most common source of energy
for lighting in the project affected area is Kerosene (38.5 %), followed by solar-powered
torchlight (29%). The PAP respondents cited the most common diseases in the area as
Malaria (43.9%), typhoid (23.4%) and pneumonia (1.5%). Majority of the PAPs’
respondents (83.9%) indicated that they had not taken an HIV/AIDS test, while 61.5%
indicated that they were aware of the existence of sexually transmitted infections (STIs).

6
 The majority of the PAP respondents (74.5 %) stated abstinence as the method for
preventing STIs infection in the project area.
25. Majority of PAP respondents (83%) indicated that they were aware of the project.
However, 4.9% indicated that they had not heard of the project, while 15.6 % did not
respond. On sources of information on the project, 38% said they heard of the project
from survey teams. The PAPs were aware that the project will affect them negatively,
manly on disruption associated with being resettled (36.4%) but some PAPs expressed
positive impacts especially with regard to improvement to household sources of income
arising from improved transportation (42%) and provision of labour to local residents
(14%). Majority of the PAP respondents (81.8%) showed approval for the project, while a
paltry (2.1 %) expressed disapproval.

Inter/ Intra Community Conflict

26. The community members attributed the occasional upsurge of inter-ethnic conflict to the
competition for grazing and water sources, especially along the Wajir/Mandera counties’
border. At the time of the RAP study, a flare-up involving the Degodia and Gare clans
emerged. There are also instances of internal displacement of families arising from inter-
ethnic conflicts. Community members cited peace as one of the major “resources” in the
locality. The most commonly cited threat to the security in the project site is the Al-
Shabab menace, as the project site traverses a region close to neighboring country of
Somalia. However, majority of the community leaders averred that the threat is not only
unique to the area but the entire Country. Nevertheless, given the proximity of the project
site to the Kenya/ Somalia border, the threat to attacks by the resurgence group is
relatively higher.

Gender Analysis

27. The Gender calendar for the project area showed that women are actively involved in both
productive and reproductive work and work for longer periods than men. Gender issues
along the road corridor: legal rights to property, domestic violence and decision making in
childbearing.

Policy and Legal Framework

28. The following laws are relevant to resettlement planning in Kenya : Constitution of Kenya
(2010), National Land Commission Act 2012, Land Act 2012, Land Registration Act
2012, The Environment and Land Court Act, 2011, The Land Control Act Cap 302, Public
Roads and Roads of Access Act (Cap. 399) and Valuers Act, Cap 532 Laws of Kenya.
Other relevant laws related to protection of vulnerable individuals and gender-based
violence: Sexual Offences Act 2012, Children Act 2012, Labour Relations Act No. 18 of
2018, and Matrimonial Property Act, No.9 of 2013.

29. World Policies triggered included the OP/BP 4.01 Environmental Assessment, OP/BP
4.04 Natural Habitats, OP/BP 4.10 Indigenous People, OP/BP 4.11 Physical Cultural
Resources, OP/BP 4.12 Involuntary Resettlement and World Bank Group Environmental,
Health and Safety (EHS) General Guidelines. Of importance to this RAP review is the
OP/BP 4.12 Involuntary Resettlement.

Participation and Consultation

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30. The RAP Review team conducted intensive public consultations in the project area with a
view to ensuring that all outstanding and emerging concerns regarding the road project
and resettlement issues were brought up and openly discussed. A total of 13 public
meetings were held at the thirteen (13) settlement sites, followed by Focus Group
Discussion (FGD) sessions with the elders, women, and youth separately in each of the
towns. The stakeholder engagement activities were held as shown below:

Key Issues Raised and the Consultants’ Responses

31. Various issues were raised by the PAPs and other members of the community during the
consultation meetings. They included:

Table 2 : Summary of Issues and Response Matrix

Issue Response
When will the Road project commence? The commencement date for the Wajir – Elwak
section is not yet known. However, once this is
determined, the information will be communicated to
the communities’ and all stakeholders in a timely
manner.

All people are poor and depend on the The process of preparation of the project is done
meager businesses when the demolitions according to the laid down procedures according to
will be done people will be condemned to the Kenyan law and World Bank applicable policies
more poverty. How will this be avoided to on resettlement. The regulations work in the interest
help the people affected? of the communities that are recipients of the project
financed by the bank. The rules will, therefore,
safeguard the PAPs from experiencing any undue
suffering and that is why demolitions and requiring
the people to give way for project will be done only
after compensation settlements have been made.
What plans are there to pay people for the The RAP process is meant to facilitate careful
loss of land and houses? assessment of losses and other impacts and mitigate
these accordingly. However, as explained in the
consultations, the compensation will be for loss of
structures, livelihoods and community facilities.

How will KeNHA determine what amount The consultant valuer has explained the method for
of money is to be paid for the houses to be determining the value to be paid for each property or
demolished. set of properties lost. These will serve as the
guidelines for compensation. The valuations will be
assessed by NLC at full replacement rates that caters
for a disturbance allowance and livelihood
restoration.

How will the local people be assured of the The regulations have clearly stipulated that local
participation in the road construction and people will be given preference in all skills and
not give all jobs to people from other parts commodities available for use in the construction of
of the country? the road project. Those from outside will be
considered for opportunities where such skills are not
available locally.

8
There are people who are helped by their This category of PAPs qualify for considerations and
relatives to live in their houses because they will be listed down as part of PAPs.
cannot afford shelter to live and do
business. Will they be considered?

Some people have used their money to buy The compensation for loss does not put into
land which is now expensive and the bypass consideration land as the land in this locality has not
is taking the land. How will they be been adjudicated so as to be categorized as private
considered for this loss? land. However, due to noted instances of this nature,
the concern has been documented and will be
presented. The NLC will make a determination.

There are some people who were in the Those PAPs who were not captured in the previous
bush and were not counted in the census, session will be included so long as the property in
how will they be considered? question meets the requirements set out in the cut –
off date. The previous RAP census captured the
property and corresponding values and their identity
and other relevant particulars will be included in the
RAP Report.

Will the affected people be given enough The PAPs will be provided with enough time to
time to move out of the Road wayleave? salvage their property and relocate away from the
ROW. They will be given one -three months’ notice
to vacate.

Will the people who have rented shops from Traders are considered as tenants and if the
owners to do business be compensated. requirement to relocate will affect their businesses,
they will be compensated for loss of livelihoods on
the basis of the applicable World Bank safeguard
policy OP 4.12.

Summary of Issues and Concerns Raised in the Social Assessment related to

Resettlement

32. During the Social Assessment, through the Free Prior and Informed Consultations that led
to Broad Community Support of the Project, the VMGs raised a lot of concerns relating to
land acquisition and resettlement as highlighted in the table below:

Table 3 : Issues raised in Consultations and Responses in the Social Assessment

Issue Response
What will happen if someone’s property is All property that will be affected will be captured in the
along the road? Resettlement Action Plan (RAP).

The National Land Commission (NLC) will verify and

validate the affected persons and the affected assets for
compensation.

Payment will then be made after valuation and based on

replacement cost.

Who will be compensated? The RAP will identify all the physically and
economically displaced persons who will be entitled for
What process will be used to identify PAPs compensation based on PAP category at replacement

9
Issue Response
who will be compensated? cost. At implementation, the NLC will verify and
validate the PAPs and the assets for compensation.

What is the correct size of road and will The road size is 60 metres wide and any encroachment
compensation be done on affected persons outside the 60metres into private land will be fully,
whose land would be encroached by the fairly and justly compensated.
expansion of the road.

Community Benefits The government will ensure that locals benefit from
employment opportunity provided by the project
How will local communities’ benefits from particularly unskilled labour will be sourced locally.
the project?
KeNHA will work with the contractor in designing a
Will the local community be given an supply chain framework where locals will be as part of
opportunity to supply materials to the road local content given opportunities to supply materials
project?

Timing of Compensation Compensation will be done before the project

commences.
When will compensation be made?

Design and Safety

The economy of the population is largely More space will be created on the pavements and the
dependent on small-scale businesses road in town widened to facilitate boda boda
including boda bodas (passenger motor motorcyclists. The design has factored this plus
cycles) and there is need to incorporate pedestrian use where necessary.
them on the design to reduce the number of
accidents.

Cultural Concerns This is noted and will be communicated to the engineers

In Tarbaj, the new area picked for the road with the need for re-alignment emphasised.
has a cemetery. Our religion does not allow
us to exhume bodies.
Compensation Process and Mode KENHA will make payments through National Land
Commission (NLC). Payments will be made to Project
What will be the mode of payment free of Affected Persons’ (PAPs) bank accounts. This is
corruption? expected to limit cases of corruption.

Entitlement for PAPs Yes. Disturbance allowance of 15% of total valuation of

assets will be factored in the compensation package to
Will another fixed settle inconveniences caused by resettlement process.
improvementGovernment factor in a
disturbance allowance due to
inconveniences caused by resettlement?

Legal Framework The Constitution of Kenya 2010 and Lands Act 2012
vested powers of Compulsory Acquisition on the
What is the legality of compulsory land government, NLC in particular, to compulsorily acquire
acquisition? land for development with just and fair compensation at
market rates.

Table 4 : Summary of Outcome of the PAP Consultation of the Social Assessment

10
Anxiety, Fears, Concerns and Uncertainties
Issues Response
What will happen to those people whose land will They will be compensated for their loss of land.
be taken? Those on the road reserve will only be
compensated for standing assets.
We do not know much we are going to receive in All PAPs will be compensated based on the
compensation payment for loss of assets results of the NLC valuation which will be
undertaken using replacement cost.

What will happen if the cash compensation turns A grievance redress mechanism will be
out to be inadequate to replace lost assets – let established with PAPs represented to handle
alone restoring lost income and livelihoods, grievances arising from compensation.

We do not know the dates when compensation All PAPs will be informed in advance at least 3
payments commence? months.

How will we know that our affected land and Valuation exercise will be conducted in a
property is measured accurately and recorded or transparent manner with all PAPs present and
registered appropriately? Some affected property explanation on the valuation process provided for
is not registered by oversight. What are the each PAP. Errors made will be resolved through
chances for correcting mistakes in registration of the grievance committees or by NLC on the
affected property? ground.

Preferences and Demands

Issues Response
We want to be given first priority for the jobs that The Project will offer jobs (especially unskilled)
will be available during road construction. to the people for the project area.

We do not want to lose our kinship ties and social This is noted
networks. If we receive timely and adequate
compensation, we can relocate ourselves and
reintegrate into existing communities.
We need provision for transportation expenses This is noted. The RAPs prepared for the project
during relocating our property. has provided for allowances including
transportation of VMGs and their assets.

We demand that all PAPs are embraced in the This is noted

various food security programmes currently
underway in the area.

We demand that compensation payments are Compensation will be made before project
made as soon as possible. construction commences.

Please, commence the civil work as soon as Civil work will only commence when all PAPs
possible. have been compensated.

Those of us who use land given to us by our This is noted and the project confirms that all
parents or inherited from them demand those VMGs with customary or formal land
compensation payment for lost land, though the ownership are entitled to land compensation in
title of the land is in our parents’ names. accordance with the Land Act and OP. 4.12.

11
We trust that all affected property are included The RAP will value all the assets in the project
and registered accurately. affected area.

The people who will come to work for the project Noted.
should be sensitized on our culture and respect us.

Expectations, Hopes, Aspiration and Needs

Issues Responses
Given very poor availability of social service The project has a social investment component
facilities in our area, we ask the government aimed at providing services like water and
(project) to provide support to the construction roadside amenities including market centres,
and or maintenance of such facilities as public internet connections among others.
health, veterinary clinics, schools, potable water
supply and electricity.

Benefits and Appreciation

Issues Responses
The road component will open up opportunities Thank you.
and improve access to markets and services. We
are rather lucky that the road cuts across our
neighbourhood.

Questions and Clarifications

Issues Responses
What are the plans for family graves that will be Graves will be moved in accordance with the
affected? local customs and practices to new gravesites and
compensation will be provided for as per the RAP
prepared.

What about the indirect impact of the road The project has prepared Environmental and
component on farmers residing close to it? They Social Impact Assessment report for the proposed
will be affected adversely by dust, noise and road upgrade and construction related impacts
rolling stones during civil works. including dust, noise among others have been
addressed in these reports.

Who are the people nominated to do the property Valuation is done by independent consultants and
valuation? later by National Land Commission.

What are the procedures put in place to effect Compensation will be done through cheques to
compensation payments? the account of the PAPs. All PAPs will be
requested to open a bank account.

Consultation With Other Stakeholders

33. Consultations were also held with other public and private/non-governmental institutions
due to their relevance in dealing with social development, community improvement, and
rehabilitation and cultural heritage and its preservation in the Project area. The institutions
are major stakeholders in working towards strengthening the resilience of the most

12
 vulnerable populations in the project area and participates actively in the elimination of
food insecurity, supporting regional peace, drought management, and conflict reduction.
The summary of key issues raised and RAP recommendation for adoption during project
preparation and implementation are shown in the following table:

Eligibility Criteria

34. The eligibility for compensation is based on:

i) Cut-off date
ii) Ownership of property /assets
iii) Derivation of livelihood

The Cut – off dates established during the RAP Study by the design Consultant are shown in
below:

Table 5 : Cut - Off Dates Established during RAP study by design Consultant
Settlement Cut – off Date
Halane 04.03.2018
Wagberi 04.03.2018
Lafaley 22.03.2018
Tarbaj 25.02.2018
Hungai 26.02.2018
Wargadud 27.02.2018
Kotulo (Wajir) 28.02.2018
Kotulo Mandera 18.10.2018
Dimu 23.10.2018
Dabasit 18.10.2018
Garse - Sala 18.10.2018
Borehole 11 18.10.2018
Elwak 19.10.2018

This RAP review has maintained the set cut off dates as shown above.

Project Impacts and Entitlement Matrix

35. The RAP strategy for resettlement has come up with forms of compensation packages
based on the type of loss and form of vulnerability for the relevant categories of PAPs.
The type of compensation has also been based on the preferences of the concerned
category of PAPs or beneficiaries. They include: Cash Compensation to Individual
Property and Asset Owners and Replacement in-kind.

Table 6 : Number of Project Affected Persons

Settlement Chainage Available Corridor No. of Additional Remarks
/Section RoW (in of Project RoW
Name Metres) Impact Affected required
Persons
Halane km 347 + 000 – 32 15 19 0 Design
km 353+000 on 30M
in Urban
settlemen

13
 ts
Wagberi km 347 +000 – 32 15 18 0
km 353 + 000
Lafaley km 357 + 800 – 50 15 19 0
km 358+ 500
Tarbaj km 397+ 000 – 30 15 206 0
km 400 + 000
Hungai km 407 + 000 – 42 15 105 0
km 409 + 000
Wargadud km 428 + 000 – 52 15 122 0
km 430 + 000
Kotulo km 457+500 - 55 15 166 0
(Wajir) km 460+000
Kotulo km 466+000 – 45 15 156 0
(Mandera) km 467 +500
Dimu km 484+400 – 60 15 14 0
km 485+500
Dabasit km 495+000 – 40 15 76 0
km 496+ 700
Garse sala km 496+700- km 60 15 63 0
497+ 000
Borehole 11 km 509 + 150 – 55 15 176 0 Bypass
km 510 +600 uses 40M
Elwak km 518 +275 – 47.5 15 215 0
km 524 + 425

Impacts and resettlement

36. The impacts involved the following: institutions, relocation of graves, religious
institutions and squatters.

Vulnerable Populations

37. The RAP study identified six categories of vulnerable people. They include; widows,
orphans and vulnerable children (OVC), single women, physically challenged individuals,
elderly PAPs and community aided individuals (Maslaha).

Valuation Criteria

38. The basic approach involved carrying out an asset inventory of affected households,
enterprises, institutions etc. along the road project designed route so as to develop an asset
register in consultation with previous registers. The valuation team together with the
sociologist physically walked door to door along the road route covering a width of 60
meters of the proposed road. The team visited and consulted the relevant Departments
within the county namely the Lands office, The Survey Department, the National Land
Commission (NLC) offices, and any other departments necessary to acquaint itself with
current status on land matters to include land values, land tenure, etc.

Livelihoods and Income Restoration

14
39. Livelihood Restoration for Individual PAPs will involve:
 Direct and indirect jobs/employment opportunities for the PAPs and members of their
households
 Prompt Compensation
 Provision of Modern Market Stalls
 Financial and Basic Entrepreneurial Skills Training
 Referal to Credit and Micro-credit Facilities through third party providers and
Government Sponsored initiatives like Uwezo Fund and Cooperative Groups
 Linkage of the PAPs to government-sponsored Social Development Initiatives through
the area Social Development Officers
 Linkage of PAPs undertaking to Livestock activities to extension offices in the county
where necessary
 Local Purchasing Programs tailor-made to benefit PAPs or groups of PAPs who can
supply goods and services

Entitlement Matrix

40. The entitlement matrix is presented in the main report and it identifies the affected
persons, all types of loss, the types of compensation and assistance to be provided.

Grievance Redress Mechanism

41. Informed partly by the existing mechanism and the reliance on prevailing cultural
dispensation as per the recommendations of the project’s Social assessment, the RAP
Review consultant has recommended a viable GRM guided by the following criteria:
affordability, accessibility, reachability, inclusion such that all population segments such
as men, women, youth are represented, affirmative action sensitivity to take care of the
interests of People Living With Disability (PLWDs) and consideration for NLC & Judicial
recourse as the last result.

42. In line with the local cultural dynamics and the day to day practice by the community in
dispute resolution, the proposed GRM has four levels:

a) First level – Local settlement site committee

b) Second level – Sub County committee
c) Third level - County-level committee
d) Fourth level – Judicial Legal redress

43. The RAP update and review team sought to establish whether the local GRMC had been
established in the applicable settlement sites. It was found out that the teams had not been
established. In line with its mandate, the review team established the committees, whose
details are provided separately to the client. The Committees membership comprises:
Deputy County Commissioner Office; The Area chief /Assistant chief, One project-
affected male; One project-affected youth; One project-affected woman; One project-
affected male; a representative of vulnerable PAPs; Ward Administrator; a representative
of PLWDs and a religious leader.

44. During the project implementation phase, two members will be co-opted to the
committee: KeNHA representative and Contractor representative.

15
RAP Organizational Structure and Institutional Arrangements

Institutions Responsible for RAP Implementation

45. The resettlement implementation will be carried out at different levels by the following
institutions:
a. Kenya National Highways Authority (KeNHA)
b. National Government (Relevant agencies as will be determined)
c. County Government of Wajir
d. Mandera County Government
e. National Land Commission (NLC)

RAP Implementation Unit

46. The RAP implementation Unit will be formed to ensure timely execution of the RAP
process including compensation. KeNHA will be the lead agency in the RAP
implementation and will work together with the other institutions. The Environment and
Social Interest Unit at KeNHA headquarters will oversee the RAP Process. The agency
will, therefore, establish a RAP Implementation Unit (RIU) for the project to steer all
resettlement matters and activities pertaining to this RAP.

Monitoring and Evaluation

47. Three monitoring components have been highlighted in the RAP, viz: performance
monitoring, Impact monitoring and Rap completion audit. The M&E will be undertaken at
two levels: Internal and External monitoring.

RAP Costs and Budget

48. The RAP has proposed a budget covering the estimated costs for structures, livelihood,
disturbance allowance and Trees of the RAP implementation as well as the 5 percent
implementation overhead.

Compensation & Implementation Budgets

49. The tables below show the budget for RAP compensation and RAP Implementation

Table 7 : Total Compensation for Structures, Livelihoods and Trees

Aspect Value (Ksh)
Compensation for structures, trees and livelihoods 596, 699, 700
Compensation for disturbance (15%) 89,504, 955
Total 686, 204, 655

Table 8 : RAP Implementation Costs

Aspect Value (Ksh)
Financial/Money Management Training/Meetings of 34, 310, 232
Resettlement Committees / Administrative Costs (5%)
External Monitoring and Extenral Coordination for RAP 13, 724, 093
Implementation (2%)
Total 48, 034, 325

16
 Table 9 : Total RAP Budget
Total RAP Cost Kshs.
Total RAP compensation 686, 057, 370
RAP Implementation Cost 48, 034, 325
Contingency (5%) 36, 704, 584
Grand Total 770, 796, 279

17
 CHAPTER ONE

1. INTRODUCTION

1.1 Background

1. This document is an updated Resettlement Action Plan (RAP) Study report for the
proposed upgrading to bitumen standards of Wajir – Elwak road section 175 KM (A13).
The road section is part of the North-Eastern Transport Improvement Project (NETIP)
corridor financed by the International Development Association (IDA) and is aimed at
stimulating the development and integration of the region to the rest of the Country and
the neighboring States of Ethiopia, Somalia and beyond.

2. In the effort to unlock the constraints which have been responsible for the perpetual
marginalization of the region, the Kenyan Government has embarked on a programme to
improve the accessibility in the region, with the Isiolo – Rhamu corridor given top
priority. Furthermore, Kenya’s Transport Policy requires all class A Roads to be
Bituminized. Presently, the Isiolo – Mandera corridor is among the very few Class A
Roads that remain unpaved. Improving the road will contribute to enhanced regional and
national security and bringing about sharing the prosperity of the Country with this region.

3. In line with KeNHA mandate as provided for in the Kenya Roads Act, 2007, the
implementing agency commissioned GIBB Africa Limited to undertake the Design
Review of the Road together with the ESIA and RAP Reviews for Wajir – Kotulo (Wajir)
and Kotulo (Mandera) – Elwak subsections in the year 2017/2018 and prepared draft RAP
reports based on the category B classification. However, based on recent review, the road
project has been reclassified as category A. This necessitated the review and updating of
the initial draft RAPs in accordance with category A Project.

1.2 Project Location

4. The project is located in the North-Eastern region of Kenya. The road corridor traverses
Wajir and Mandera Counties. These are largely arid areas, and the main livelihood and
economic activity of the population is pastoralism. The project has maintained the existing
road alignment, but slight modifications to existing alignment have been done at two
towns (Tarbaj and Elwak).

5. The proposed road project starts at Wajir Town (KM 000) and proceeds in a Northerly
direction to Lafaley (KM 11), Tarbaj Town (KM 51) before taking an Easterly course
through Hungai (KM 61), Wargadud (KM 81), Kotulo Wajir (KM 113) onto Kotulo
Mandera (KM 119) located at the border of Wajir and Mandera Counties. It then takes a
North – Easterly direction towards Dimu (137 + 400), Dabasit / Garse Sala (146),
Borehole 11 (KM 162 + 150) and ends at Elwak Town (KM 175). Administratively, the
road project traverses four Sub – Counties: Wajir Central, Tarbaj, Kotulo and Mandera
Central. The map in Fig. 1 below shows the project road corridor.

1
Figure 1: Map showing the Wajir – Elwak Road Project

6. In Wagberi and Halane Settlements in Wajir Town, the existing tarmac road constructed
by the Wajir County Government lies outside the KeNHA 60m right of way from KM 1+
600 to KM 2+500. In Tarbaj Town, the main road has been aligned to by-pass the town
Centre, but the design provides for a 1.8 KM spur through the town Centre. At Elwak
town Centre a stretch of 1.8 km is 30-40 M, while the Row in the proposed bypass road
stretching length 5.4 kms is 40-60 M.

1.3 Project Justification

7. The Constitution of Kenya (2010) guarantees all citizens and regions the right to equal
access to services and infrastructure. The Northern part of Kenya has experienced
marginalization resulting in poor road conditions which cut off the region from the other
parts of the country especially during the rainy season. The inherent remoteness and poor
access to services, markets for both livestock and other commodities, compounded by the
arid environment has exacerbated poverty levels in the region and hindered the efforts of
both levels of Government to improve the livelihoods of the local populace.

8. The development of roads improves the wellbeing of the citizens through increased access
to markets and other basic services. Transport and telecommunication systems are critical
determinants of the physical costs of accessing markets. Thus, poor infrastructure network
restricts the development of input and product markets and region at large. Furthermore,
improved security will be realized in the region as attested to by local inhabitants during
the stakeholder engagements in the earlier study where it was pointed out that the areas
between Kotulo (Mandera) and Borehole 11 are known to be the movement corridors used
by illegal and outlawed terror gangs and the Somali based Al- Shabaab insurgents. In the

2
 wider project area, there have been incidents of attacks and the kidnapping of foreigners.
It is also common for Improvised Explosive Devices (IEDs) to be planted on the current
(earthen) road shoulders thus having maximum impacts on vehicles using the road.

9. Both the Security and local and international humanitarian agencies have difficulties to
respond to emergencies in the area due to the poor state of the road. The proposed project
will, therefore, enhance development efforts by the County and National Government in
promoting equity and poverty eradication. The improvement of the international road to
bitumen standards will promote the economic corridor serving Kenya and other
neighbouring countries and consequently lead to improved transit transport efficiency,
promotion of regional trade and investment and facilitate closer integration of the
economies of the countries involved.

1.4 Review and Updating of the RAP

10. RAP Study was initially undertaken by GIBB Africa Limited on behalf of KeNHA. The
consultant undertook the RAP for the proposed upgrading of Wajir – Kotulo (Mandera)
road 119 KM (A 13) section and the Kotulo (Mandera) – Elwak 56 KM (A13) and
produced draft RAP reports in March 2018 and March 2019 respectively based on the
initial category B Classification of the project.

1.4.1 Need for Review and Update of the RAP

11. The reasons for review arose from the reclassification of the road as a category A project.
The updating was necessary to verify issues related with resettlement impacts such as land
acquisition and loss of property, while any other Social and Environmental impacts
arising from the project have been covered in the ESIA review and update.

1.4.2 The objectives and scope of the RAP Review

1.4.2.1 Objectives

12. The objectives of the RAP Review and update are:

i. To review the existing draft RAP reports and the process through which they were
prepared in terms of their completeness, consistency, and compliance with the World
Bank Involuntary Resettlement Policy.
ii. To undertake the necessary activities to complete, rectify and address any gaps in
existing RAP Reports and the process through which they were prepared, including
additional survey, consultation, and coordination with the project design and other
teams.
iii. To revise and update the current RAP Reports in the form and substance that is
consistent and compliant with the World Bank OP 4.12.

1.4.2.2 Scope of the Review and Update

13. The scope of the Review and update of the RAP derives from the project components and
activities as per the design of the project described in section 2.2.2 of the RAP Report.
They include the following:
 Description of the road project

3
  Mapping, Census, Inventory of affected Assets and Socio-economic survey studies
 Review and update of the Legislative and regulatory framework
 Public participation and consultation with community members and other relevant
stakeholders
 Impact analysis
 Compensation framework and property valuation including eligibility and entitlement
matrix
 Grievance redress
 Institutional and organizational arrangements
 Monitoring and evaluation
 Preparation of an Implementation Schedule
 Resettlement cost estimates and Budget

14. The above scope has been executed and this report presents the reviewed Resettlement
Action Plan for Wajir – Elwak Road section 175 KM (A13).

1.4.3 Study Approach and Methodology

15. The RAP Study employed the following methods to undertake the key tasks and obtain
both the Primary and Secondary data :

1.4.3.1 Desktop Study and Review of Related Literature

16. This involved a detailed review of the relevant documents to obtain pertinent information
and other secondary data to inform the RAP study. They include :
1. The Project Information Document (PID)
2. World Bank OP.4.12
3. County Integrated Development Plan for Wajir County
4. County Integrated Development Plan for Mandera County.
5. Draft RAP for Wajir - Kotulo by GIBB Africa
6. Draft RAP Report for Kotulo – Elwak by GIBB Africa.

1.4.3.2 Primary Data Collection

17. This entailed collection of empirical data using qualitative procedures such as Focus
Group Discussions, Key Informant Interviews and Structured interviews with relevant
stakeholders. The details of the data obtained is provided in Chapter Four of the RAP
Report.

1.4.3.3 Transect Walk and Site Visits

The RAP Study team conducted site visits to all the 13 settlements located along the proposed
Road alignment. Direct observation and stakeholder mapping and identification were carried
out in all settlements. Meetings were also convened at the settlement sites. The details of the
data obtained is presented in Chapter Six of the RAP Report.

1.4.4 Activities carried out during RAP Review Preparation

18. The RAP review preparation was carried out in three phases as outlined below:

4
 i. Inception phase
ii. Detailed Study including Draft report compilation
iii. Final Report

A detailed description of the activities undertaken in each phase is provided in the

following subsections.

Phase 1: Inception Phase

The inception phase activities included the following:
 Desktop review of RAP Documents
 Mobilization and set up of the Consultant staff
 Kick off meeting between the Consultant, Client and World Bank staff at
KeNHA Headquarters.
 Project Road Area site reconnaissance.
 Collection and review of relevant data and existing Reports.
 Preparation of the Inception report.
 Community mobilization and sensitization to introduce the consultant and
other team members.
 Briefing of community members and relevant stakeholders on the
objectives, justification, methodology and activities to be carried out.
 Explaining to the community members and all stakeholders on their roles
and participation on the RAP process.

19. The consultant team mobilized on 27th December 2018 to plan for the activities. The kick-
off meeting was held on 25th January 2019 and thereafter the field reconnaissance
activities were rolled out. The activities included:
 Courtesy calls to Wajir and Mandera County Commissioners and Governor's offices.
 Consultative and planning meetings with Deputy County commissioners at Wajir
Central, Tarbaj, Kotulo, Mandera South sub-counties.
 Planning meetings with members of security agencies at Tarbaj, Kotulo, and Elwak
Towns.
 Drive and Transect Walk along the Thirteen (13) settlements affected by the Road
Project.
The outcome of the inception activities was presented to the client in the final inception
report on 1st March 2019.

Phase 2: Detailed RAP Study

During the Detailed RAP study phase, the activities initiated in the earlier phase were
continued till 26th April 2019. The following were done:
 Census and socio-economic survey studies to verify PAPs listing and Identification of
Vulnerable PAPs and populations.
 Assets inventory verification.
 Public stakeholder and participation meetings.
 Formation of Grievance Redress committees at Locational levels.
 Data entry and Analysis

Phase 3: Updated Draft RAP Report Compilation.

The phase entailed draft report compilation. The following reports were submitted:
 Census and Socio-economic Report.

5
  Assets inventory / valuation Report.
 Draft updated RAP Report. The report was submitted to the client on 10th June, 2019.
Upon receipt of the review comments, the Consultant will address these and submit
the Final Draft report as per the scheduled timelines of the assignment.

1.5 Structure of the Draft Updated RAP Report

20. The report is comprised of the following major sections: Executive Summary,
Introduction, Project Description, Minimizing Resettlement, Profile, Socio-Economic
Survey of Project Area & Census of Project affected Persons, Policy and Legal
Framework, Participation and Consultation, Eligibility Criteria, Project Impacts and
Entitlement Matrix, Valuation Criteria, Livelihoods & Income Restoration, Grievance
Redress Mechanism, Implementation Schedule, Monitoring and Evaluation,
Implementation Schedule, RAP Costs and Budget, References and Annexes.

1.6 RAP Approval and Disclosure

21. The RAP will be approved and cleared by the Government of Kenya and the World Bank
and disclosed locally to PAPs and stakeholders with translation into the local Somali
language. It will also be disclosed on the World Bank external website. For any changes
made to the RAP, it will follow the same approval and disclosure protocols.

6
 CHAPTER TWO

2 PROJECT DESCRIPTION

Introduction

22. This section describes the road project and highlights the project components and
activities that give rise to resettlement. The zone of impact of the activities and
alternatives considered to avoid or minimize resettlement are outlined.

Details of Project and Project Activities

2.2.1 NETIP Project

23. The NETIP project comprises of three key components:

(a) Component 1: Upgrading Selected Critical Road Infrastructure and associated

Roadside Amenities.

This component includes:

 Support to KeNHA to carry out design review and feasibility and detailed
design studies for upgrading 344km of the Isiolo-Wajir-Mandera road corridor,
among which the Wajir – Elwak section falls.
 Provisions for roadside social amenities and Human Immunodeficiency Virus
Infection/Acquired Immune Deficiency Syndrome (HIV/AIDS) prevention
measures to help raise awareness and provide mitigation interventions to
support efforts to protect the local community, drivers and contractors’
personnel.
 Carry out a program of activities designed to implement transport, trade, and
development facilitation measures aimed at enhancing social infrastructure and
social services delivery along the corridor.
 Establishment of facilities and marketing system for pilot pastoralist roadside
markets and Provision of market shades, milk cooler, slaughterhouses,
veterinary posts, livestock holding area in selected locations.
 Designing and implementing activities to support key Project stakeholders
such as County Governments, Communities, and Households on management
and operational modalities of the facilities and Strengthening the capacity of
KeNHA in enhancing the road design manuals and specifications as well as
contract management, value engineering, road maintenance, safeguards and
procurement management, and training.

(b) Component 2: Institutional Development and Project Monitoring and

Management

The component will seek to:

 Support to the State Department of Infrastructure on enhancing project

management and oversight capacity, maintenance management and
engineering capabilities in the transport sector.
 Support to Materials Department in mapping road construction material sites.

7
  Supporting the State Departments of Infrastructure and Transport in the
monitoring and evaluation of the projects.
 Support to strengthen the National Transport and Safety Authority to conduct a
needs assessment, vehicle safety inspection and safety audits among other and,
 Strengthening the capacity of the National Construction Authority in
overseeing and developing the local construction industry.

(c) Component 3: Enhancing Internet Connectivity.

24. The component will provide support to Information and Communication Technology
Authority (ICTA) for carrying out feasibility and detailed design and the construction of a
fiber optic cable network, alongside the part of the Isiolo-Mandera Corridor with special
considerations made for connecting selected schools, hospitals and other strategic
locations including pastoralist roadside markets, rest stops and community and service
centers along the corridor.

2.2.2 Project Activities for Wajir – Elwak Road Section

25. The project entails improving the existing road to bitumen standards under component one
(1) described above. The main activities in bituminizing the road will involve excavation
and earthworks, paving construction and laying of surface and sub base. The activities
will be implemented within the road alignment as the project will maintain the existing
road alignment, with only slight modifications and realignments at Tarbaj and Elwak
Towns.

26. A large part of the road alignment is largely unsettled and has adequate space to
accommodate within the 60m corridor. Any other facilities to be constructed such as lay-
bays, bus–bays, and widening at market centres along the road will be accommodated
within the 60m Right of Way. However, at the time of RAP study, the specific sites for
the additional facilities have not been delineated. Other associated activities will include
erecting of workers' camps and borrow material excavation. These will be established in
areas away from community settlements and thus do not have any direct resettlement
impacts. Any other ancillary facilities whose specific locations are unknown at the
moment of preparation of this RAP will be subjected to separate RAPs.

2.3 Potential Project Impacts

27. As pointed out in section 2.4.1, the resultant potential project impacts will be socio-
economic and cultural in nature. This subsection provides the identification of socio-
economic, cultural as well as impacts on property and livelihoods. The project will result
in both economic and physical displacement, however, there will be no acquisition of
land.

2.3.1 Social Impacts

28. Broadly, socio-economic and cultural impacts are discussed in detail hereunder:

(a) Demographic impacts:

Like other of the Northern Kenya Counties, those of Wajir and Mandera are
characterized by low-density settlements with majority of the communities mainly

8
 concentrated in areas close to the local water sources and urban settlements. The
improvement of the Wajir – Elwak road corridor is expected to lead to inter and intra -
migration in the region. In both Wajir and Mandera, the areas located close to the
Country’s common border with Somalia is likely to experience cross - border
movement leading to in- migration and out-migration while the proliferation of urban
settlements along the road corridor will trigger Rural – Urban migration. The demand
for both skilled and unskilled labour will attract newcomers into the region leading to
unprecedented and new population dynamics in the project area.

(b) Family and Community Impacts:

The socioeconomic study profile of the project area demonstrates that the locality is
characterized by highly conservative family norms based on the ideals of Islamic
religious beliefs and doctrines. The family unit is regarded as the cornerstone of a
healthy and balanced society.

The prevailing community structures offer many advantages, including stability,

coherence, and physical and psychological support, particularly in times of need for all
members of the community. In Muslim culture, akin to other traditional cultures,
respect and esteem increase with age. Elderly parents are respected on account of their
life experiences and their hierarchic position within the family unit. The opportunity to
attend to the needs of one's parents in their later years is viewed as a gift from Allah.
With regard to the wellbeing of the young members of the society, in Kenya, nearly all
the counties are grappling with teenage pregnancies, led by those in Nyanza, Rift
Valley and Coastal regions. Central and North Eastern region, which has strict
religious norms, have the lowest number of teenage pregnancies.

However, with the road project being implemented, the area is expected to experience
alterations in the family structure and changes in sexual relations. Other features
associated with modernization and social change that are likely to be experienced in
the project area include:
 Family violence and Gender-Based Violence.
 Sexual exploitation and abuse resulting from relationships between project
workers and members of the community.
 The disintegration of existing social ties and communal networks which come
in hand to cushion the vulnerable members of the community.
 Exacerbation of social differentiation and
 Step up social tension and violence.

(c) Alterations in Existing Gender Relations:

The socio- economic study demonstrated that the project area has a unique system of
gender relations, where women ‘s position is seen as subservient, marginalised and
disempowered. However, the clan system in the locality offers everyone, including
women access to much of the property of the others in the household and indeed
within the clan. It is unlikely that anyone within the clan (and usually outside the clan)
will be denied access to resources in time of genuine need. Both men and women have
access to livestock as owners ‘and/or as users ‘.

9
 One of the sub – components of NETIP proposes to initiate better infrastructure for
livestock marketing in the area. This implies that livestock and livestock products will
be commercialised as markets and market infrastructure improves. Both the National
and County governments and Development agencies will encourage such processes,
and pastoralists will be drawn further into a monetary economy. Such processes will
affect men and women differently. Not least, this is because women tend to focus
more on household welfare and livestock ‘s contribution to nutrition, while men focus
more on economic production and income generation as it emerged from the public
stakeholder consultations.

Other advantages will be that most women will find new opportunities in work on
suitable road project construction-related activities and to develop businesses and raise
their income. However, this also means that their responsibilities and workloads
increase which may cause problems for them.

Generally, the project implementation and operation phases will lead to various gender
indicative impacts among them those related to household, reproductive and
productive labour and access to and control of resources and services.

(d) Health including GBV and social wellbeing impacts:

The Socioeconomic study shows that Wajir and, Mandera Counties continue to suffer
the worst Health indicators compared to other parts of the country. It is anticipated
that the road construction and implementation of the other associated facilities will
lead to the improvement of the situation. However, the implementation and operation
phases of the project have the potential to worsen the indices due to the fatalities of
workers, psychosocial impacts arising from distress and GBV among others. KeNHA
will procure a GBV service provider to manage risks related to sexual exploitation and
abuse and sexual harassment.

(e) Economic Impacts:

The project development will have many benefits to the immediate communities and
neighboring regions. During operation, the road project will lead to improved access
to public goods and services, easy access to government services and welfare. It will
also lead to improved income and thus boost standards of living of the local residents.
On the other hand, the project implementation may lead to increases in economic
stratification and lead to impoverishment of some sections of society members.

(f) Cultural Impacts

Various existing aspects of the community’s culture will be impacted on since other
individuals from outside the community will interact with the local people on a daily
basis at different levels. This will lead to:
 Changes in norms which will lead to multiplicity and in some cases conflicting
normative values in the area.
 Indeliberate cultural affrontage such as the violation of sacred sites and
contravening of cultural norms and taboos.

10
  Damage to sites of cultural and historical significance such as those worship
and religious use (mosques), burial and cemeteries and archaeological
importance.

2.3.2 Impacts on Property and Livelihoods

29. The RAP study has highlighted the project’s potential impacts on property and livelihood
activities likely to be affected by the implementation of Wajir – Elwak Road project. The
highlights are based on the analysis derived from the updated PAP census and valuation
roll.

2.3.3 Zones of Potential Project Impacts

30. The road project corridor covers a total length of 175kms starting at Wajir town in Wajir
County and terminates at Elwak area in Mandera County. Therefore, generally, this is the
direct zone of influence. A large part of the road alignment is largely unsettled.

31. In the settled area, community members are involved in both formal and informal
livelihood activities within the road reserve especially Kiosks and sheds housing informal
business enterprises and household domestic dwellings. There are also formal
institutional, commercial and residential buildings falling within the ROW and these will
be partially or permanently be affected. The Project will, therefore, lead to direct and
indirect economic impacts resulting from loss of shelter, assets, income and means of
livelihoods in the thirteen (13) settlements. The table below shows the areas around
which impact will be felt.

Table 10 : Project Impact Affected Areas in Wajir and Mandera Counties

S/No. County settlement Chainage
1 Wajir Halane km 000 + 000 – km 6+000
2 Wagberi km 000 +000 – km 6 + 000
3 Lafaley km 10 + 800 – km 11+ 500
4 Tarbaj km 50+ 000 – km 53 + 000
5 Hungai km 60 + 000 – km 62 + 000
6 Wargadud km 81 + 000 – km 83 + 000
7 Kotulo (Wajir) km 110+500 - km 113+000
8 Mandera Kotulo Mandera km 119+000 – km 120 +500
9 Dimu km 137+400 – km 138+500
10 Dabasit km 148+000 – km 149+ 700
11 Garse Sala km 148+000 – km 149 + 700
12 Borehole 11 km 162 + 150 – km 163 +600
13 Elwak km 171 +275 – km 177 + 425

2.3.4 Categorization of Project Impacts

11
32. On the basis of the revised and updated data from the census and socio-economic study,
the RAP has categorized the project impacts according to the PAPs’ property/structures
lost, livelihood loss and Community resources and institutions.

(a) Loss of Structures and Trees

Table 11 : Number of Structures / Trees affected in Halane

Settlement Structure Type No. of PAPs
Halane Permanent Structures 17
Semi-permanent structures 02
Temporary structures 06
Trees 23

Table 12 : Number of Structures/Trees affected in Wagberi

Settlement Structure Type No. of PAPs
Wagberi Permanent Structures 31
Semi-permanent structures 07
Temporary structures 08
Trees 109

Table 13 :Number of Structures/Trees affected in Lafaley

Settlement Structure Type No. of PAPs
Lafaley Permanent Structures 07
Semi-permanent structures 07
Temporary structures 20
Trees 06

Table 14 :Number of Structures/Trees affected in Tarbaj

Settlement Structure Type No. of PAPs
Tarbaj Permanent Structures 33
Semi-permanent structures 112
Temporary structures 156
Trees 07

Table 15 :Number of Structures/Trees affected in Hungai

Settlement Structure Type No. of PAPs
Hungai Permanent Structures 06
Semi-permanent structures 46
Temporary structures 91
Trees 44

Table 16 :Number of Structures/Trees affected in Wargadud

Settlement Structure Type No. of PAPs

12
 Wargadud Permanent Structures 14
Semi-permanent structures 05
Temporary structures 106
Trees 27

Table 17 :Number of Structures/Trees affected in Kotulo (Wajir)

Settlement Structure Type No. of PAPs
Kotulo (Wajir) Permanent Structures 40
Semi-permanent structures 85
Temporary structures 134
Trees 31
Table 18 :Number of Structures/Trees affected in Kotulo (Mandera)
Settlement Structure Type No. of PAPs
Kotulo (Mandera) Permanent Structures 130
Semi-permanent structures 131
Temporary structures 34
Trees 117

Table 19 :Number of Structures/Trees affected in Dimu

Settlement Structure Type No. of PAPs
Dimu Permanent Structures 01
Semi-permanent structures 06
Temporary structures 07
Trees 99

Table 20 :Number of Structures/Trees affected in Dabasit

Settlement Structure Type No. of PAPs
Dabasit Permanent Structures 03
Semi-permanent structures 56
Temporary structures 26
Trees 44

Table 21 :Number of Structures/Trees affected in Garse Sala

Settlement Structure Type No. of PAPs
Garse Sala Permanent Structures 01
Semi-permanent structures 56
Temporary structures 23
Trees 52

Table 22 :Number of Structures/ Trees affected in Borehole 11

Settlement Structure Type No. of PAPs
Borehole 11 Permanent Structures 05
Semi-permanent structures 143
Temporary structures 26
Trees 10

Table 23 :Number of Structures/Trees affected in Elwak

Settlement Structure Type No. of PAPs
Elwak Permanent Structures 86
Semi-permanent structures 159

13
 Temporary structures 51
Trees 78

(b) Loss of Livelihood and Opportunities’ Displacement

Table 24 : No. of PAPs and Loss of Livelihoods in the Project affected Area
Settlement Type of Livelihood No of affected
PAPs
Halane Rental Earnings 0
Loss of Bussiness 8
Wagberi Rental Earnings 0
Loss of Bussiness 6
Lafaley Rental Earnings 0
Loss of Bussiness 4
Tarbaj Rental Earnings 18
Loss of Bussiness 123
Hungai Rental Earnings 5
Loss of Bussiness 41
Wargadud Rental Earnings 03
Loss of Bussiness 69
Kotulo (Wajir) Rental Earnings 0
Loss of Bussiness 149
Kotulo Mandera Rental Earnings 27
Loss of Bussiness 93
Dimu Rental Earnings 0
Loss of Bussiness 0
Dabasit Rental Earnings 0
Loss of Bussiness 28
Garse Sala Rental Earnings 0
Loss of Bussiness 25
Borehole 11 Rental Earnings 19
Loss of Bussiness 121
Elwak Rental Earnings 42
Loss of Bussiness 174
Total 955

(c) Impact on Community Resources and Public Institutions

33. There are several educational, religious and security institutions situated within the ROW
which will be affected either partially or permanently as presented in the tables below:

Table 25 : Affected Public Institutions and Community Facilities

Settlement Type of Institution/ Number Name Type of Impact
Community Facility Affected
Lafaley Community Pump 1 Lafaley Borehole 1.Structure
House (Housing the Water Pump demolition
borehole) (House) 2.5 Neem trees
3.Live fence

14
Tarbaj Community water 1 Bulla Iftin Water Total demolition
Tank Tank of Underground
concrete tank

Security Institution 1(Front and Tarbaj police Chain link fence/

back Station Reinforced
sections of concrete pillars
the demolition
compound)
Tarbaj Chain link fence
Security Institution 1 (Entrance Administration Gate
& entire police post
front face)

Community Water 1 Wajir County Total demolition

Kiosk Govt water Kiosk of water kiosk
- Tarbaj permanent
structure
Community Water 1 Tarbaj Town Total demolition
Tank community water of Concrete slab
Tank (Plastic
water storage
tank- 10,000
LTS)
Hungai Health facility 1 Hungai Demolition of
Dispensary Live fence
Kotulo (Wajir) Security Institution 1 Kotulo Total demolition
Administration of Mud walled /
Police Camp GCI roofed
structure (81 M2)
Educational 1 Kotulo Primary Demolition of
Institution School stone perimeter
wall, Metallic
gate, 3 Pit
latrines and 10
Neem Trees.
Public Sanitation 1 Kotulo Public Demolition of
facility Toilet stone structure/
GCI roofed
Public Water facility 1 Kotulo town Total demolition
community water of permanent
kiosk structure
Borehole 11 Public Sanitation 1 Borehole 11 Total demolition
facility Public Toilet of Semi -
Permanent toilet
Elwak Town Public Educational 1 ALROWDA Demolition of
Institution primary school school fence
chain link,
Metallic gate & 1
tree.
Community water 1 Dololo Demolition/ Loss
facility community of well situated

15
 sunken well within Road
ROW
Community, water 1 Elwak Alutebi Well situated
facility within road
ROW.

Table 26 : Affected Cultural Resources

Settlement Nature of cultural Name of Resource Type of Impact
Heritage Resources
Halane/ Wagberi Site of Historical Orahey wells Not directly affected
significance / Cultural but at risk of
heritage site encroachment by
hawkers if not
protected by fencing
off.
Religious Institution Islamic Institution - 79 Metres of
Perimeter
Wall
- Metallic Gate
- 11 Neem
Trees
- Concrete
Water tank
Hungai Religious Institution Al Hidaya Mosque - Demolition of live
Hungai fence
Wargadud Religious Institution NUR Mosque - Total demolition of the
Wargadud temporary structure
housing the mosque
made of sticks/ GCI
roof, Pit latrine/
shower and fence
made of sticks
Kotulo (Wajir) Religious Institution Masjid Noor Mosque Stone perimeter wall,
Kotulo Metallic gate and 4
Neem trees
Kotulo (Mandera) Religious Institution Mosque Demolition of entire
mosque structure,
water tank and its
stand, 7 Neem trees,
GCI Gate and live
fence

Table 27 : Summary of Impacts - General

Description Quantity of Impact
Counties 2 (Wajir, Mandera)
Length of road in km 177.425
Total No. of affected institutions 20 (including Mosques)
Total No. of affected PAPs ( Including Institutions ) 1,355(M= 974, F= 361, Others = 20)
Total No. of Mosques affected 4
Total No. of cemeteries / Graveyards affected NIL
Table 28 : Summary of Impacts on Structures, Trees and livelihoods
Type of loss Quantity No of PAPs Vulnerable PAPs

16
Permanent structures 407 234(M= 215, F= 19) 0 (M=0, F= 0)
Semi permanent 511 430(M= 383, F= 47) 3 (M=3, F= 0)
Temporary structures 939 667(M= 407 ,F = 260 ) 11 (M=6,F= 5)
Trees 666 204(M= 198 ,F = 6) 8 (M=8,F= 0)
Rental Earnings 114 114(M= 107 ,F = 7) 6 (M=6, F= 0)
Loss of Business 841 841(M= 437 ,F = 404) 2 ( M=1, F= 1)

2.3.5 Identification of the Project Potential Impacts

34. The major project activity will be the bituminizing the existing road which will take place
within the KeNHA Right of Way. The proposed bypass at Tarbaj has passed through land
under customary rights that have no settlements. The community elders will provide
alternative settlement land for any person who will be physically displaced on the adjacent
land, hence temporary or no displacement was considered. Similarly in Elwak, the bypass
passes through land under customary rights is remote and very sparsely populated with a
few temporary structures. In addition, the bypasses are utilizing a corridor of 40m which
eliminates compensation costs for loss of structures. Furthermore, the identification of the
by-pass site in both towns/settlements was done by the community members. The towns
are settled with some permanent and semi-permanent structures, while the by-passes are
less than five (5) percent settled with temporary structures. The affected structures will be
compensated for at replacement cost.

(a) Loss of Temporary Structures: The project's impact on kiosks and temporary
informal structures will affect traders at Borehole 11 (121), Tarbaj (123), Kotulo -
Mandera(149) and Elwak (174). All the affected structures have been valued and will
be compensated. A site (s) measuring approximately five (5) Acres of land will be
utilized by KeNHA jointly with the Wajir and Mandera County Governments to
establish market stalls to accommodate the PAPs. This land for markets will be
voluntarily donated by the community and this was highlighted at the stakeholder
meetings using the Voluntary Land Donation processes recommended in the RPF. The
VLD process will be guided by the World Bank’s guidelines Annex G provide the
VLD Form to be duly filled in during the process.

(b) Loss of Crops / Plants / Trees: The impact on trees is very minimal and only
associated with Neem trees within compounds and those at some of the market
centres. The RAP did not identify the cultivation of crops within the project area.

(c) Livelihood Restoration: The main objective of this RAP is to ensure that livelihoods
are restored or improved to the pre-displacement levels. Compensation for affected
land and property will, therefore, seek to facilitate full and smooth recovery without
exposing the PAPs to vulnerability and this applies to people who are not just
physically displaced but who are affected by reclamation of KeNHA RoW, property
and source of income that directly affects their livelihood. This livelihood restoration
shall essentially start from maximizing the possible and available project-based
opportunities by introducing new, and enhancing the existing social investment as part
of the proposed road infrastructure such as markets and undertaking rest stops or lorry
parking with roadside trading amenities. Other options that can be explored can
include entrepreneurial training for existing small businesses that will be affected by
the road upgrade through its land acquisition, as well as recommendation to
institutions offering small grants and loans for women and vulnerable groups. In

17
 summary, the following measures have been adopted to form part of livelihood
restoration interventions where applicable:-
o Direct and indirect jobs/employment opportunities for the PAPs and members
of their households.
o Provision of modern market stalls.
o Financial and basic entrepreneurial skills training.
o Referral to credit and micro-credit facilities through third party providers and
government-sponsored initiatives like Uwezo Fund and Cooperative Groups.
o Linkage of the PAPs to government-sponsored Social Development Initiatives
through the area Social Development Officers.
o Linkage of PAPs undertaking to livestock activities to extension offices in the
county where necessary.
o Local purchasing programs tailor-made to benefit PAPs or groups of PAPs
who can supply goods and services.
2.3.6 Extent of Project Impact on Property and Livelihoods

35. Most of the structures to be affected are mainly permanent and wooden business
dwellings. The relative impact of the project on structures and other assets is presented
below:

2.3.7 Impact Severity

(a) Severity on Number of PAPs and Loss of Livelihood

In terms of severity of impact, most impacts will be felt at Elwak, Kotulo (Mandera),
Wagberi and Halane In terms of the number of PAPS who lose permanent structures.
In terms of loss of semi-permanent and temporary structures most impact will be felt
at Borehole 11, Kotulo (Mandera) and Kotulo (Wajir), Tarbaj and Elwak Town. In
terms of loss of income and livelihoods PAPS at Elwak, Kotulo Mandera, Tarbaj,
Wagberi and Halane. Generally, Loss of trees in the project area is negligible.
However, substantial loss of trees will be felt at Wagberi, Kotulo Mandera, Dimu
(mainly indigenous trees).

(b) Impact on Institutions and Access to Community Resources

The impact on community access to common services and resources is insignificant as

none has been identified within the road corridor. However, water and sanitation
facilities will be demolished at Tarbaj, Elwak and Borehole 11. The Common Property
Resources (CPR), including water kiosks, and water pans among others, will receive a
replacement in kind as budgeted for in the RAP budget.

Vulnerability

Among the PAPs identified in the project area, the majority of the households are
headed by men. Where vulnerability is cited, the RAP has provided for first priority in
compensation for assets, shifting allowance, reconstruction assistance, alternative site
or homestead development assistance, cash assistance for loss of workdays due to
relocation, and priority in employment in construction. Additional subsistence
allowance for an assessed period will be required for those whose situation is found to

18
have worsened at implementation. Where illness is ascertained, medical subsidies,
temporary accommodation, employment referrals to members of the family to be
considered to cushion the affected household. All the above have been captured in the
Entitlement Matrix.

19
 CHAPTER THREE

3 MINIMIZING RESETTLEMENT

3.1 Alternatives and Mechanisms to Minimize Displacement/ Resettlement

36. The RAP has provided several alternatives and mechanisms for consideration in order to
avoid /minimize Displacement/ Resettlement during the design and implementation phase
of the project. The recommendations are based on the aspirations and concerns raised by
the members of the community and other key stakeholders during the public stakeholder
consultations as described in section Seven (7) of the revised draft RAP report.

3.2 Mechanisms Established to Minimize Resettlement

37. The following mechanisms have been put in place to minimize resettlement to the extent
possible during project implementation:

(a) Road Re-Design

The road design has taken into consideration the views of the potential PAPs at two
settlements to create bypass roads to avoid demolition of larger proportions of
structures lying within the 60m road corridor. The by–pass roads at Tarbaj Town and
Elwak town have led to substantial reductions in compensation. The road re-design at
Halane/Wagberi settlement sites has already been effected by KeNHA to utilize the
existing RoW.

(b) Maintenance of Existing Road Corridor

The project road has maintained the existing road corridor with minimum interference.
This is particularly in reference to Borehole 11, where the design has avoided key
community facilities namely a mosque, schools, elevated water tank and chief’s office.

20
 CHAPTER FOUR

4 PROFILE, SOCIO-ECONOMIC SURVEY OF PROJECT AREA & CENSUS

OF PROJECT AFFECTED PERSONS

General Profile of the Wider Project Area

4.1.1 Political and Administrative Profile

38. The Project traverses Wajir and Mandera Counties located in the North-Eastern part of
Kenya. Fig 2 shows the map of Kenya showing the location of Wajir and Mandera
Counties.

Figure 2 : Map of Kenya, Highlighting the Project Location Counties

Wajir County

39. Wajir County borders Somalia to the East and Ethiopia to the North West. Within Kenya
it borders Garissa to the South and South West, Isiolo and Marsabit to the West and
Mandera to the North and North East. Covering an area of 56,685.9 KM2, it lies between
Latitudes 30 601N and 0 o 201 N. and Latitudes 390E and 410E. The County comprises of
Eight (8) Sub - Counties namely Tarbaj, Wajir East, Wajir West, Eldas, Wajir North,
Buna, Habaswein and Wajir South. The largest section of the road project covering
approximately One Hundred and Ten (110) Kilometers traverses Tarbaj Sub-County.
According to the 2009 population and housing census, the population of the county was
and is projected to be 661941 and is projected to be 852963, 937997 and 1000343 in
2018, 2020 and 2022 respectively.

Mandera County
40. Mandera County borders Ethiopia to the North, Somalia Republic to the East and Wajir
County to the South West. It measures about 25991 KM2 and is located at the extreme
end of North Eastern Kenya. The County covers an area of 25991.5 KM and lies between
Latitudes 20° 11° North and 40 °17° North and Longitude 39° 47° East and 41° 48° East.
According to the 2009 Kenya Population and Housing Census, the County had an
estimated Population of 1,025,756 persons with 125497 Households and a Density of 39
persons per KM2. The Population was projected to be 1,399,503 and 1,699,437in 2017
and 2022 respectively, with a corresponding Density of 50 and 64 persons per KM 2.

21
 Administratively the County is divided into Seven Sub-Counties which include Mandera
East, Mandera West, Banisa, Mandera North, Lafey, Mandera South and Kutulo.

4.1.2 Infrastructural Development in the Transport Sector

41. Wajir County has 28 kilometers of tarmac, one airport and seven airstrips. It lacks key
infrastructure like bus and lorry parks. The total number of Kilometres of roads in the
county both classified and unclassified roads is approximately 8,000 Kilometres. The
county has a total 440KM graveled roads out of 5280 KM road network. The rest of the
roads are earthen and unclassified.

42. In Mandera County, there are a total of 2,155.80km (county roads) of road network. The
County Government upgraded a 24km all-weather Murram road to bitumen status, the
first of its kind within Mandera Town that is nearing completion. All-weather Murram
gravel roads cover an approximate length of 921km while earth surface covers an
approximate length of 1390km. The National Government has contracted out 135km of
low-volume sealed roads from Rhamu to El-wak and the works are near completion. The
photographs in plate 1-4 below shows the present condition in some of the sections of the
road within the project area. Generally, road transport infrastructure presents a big
challenge to the residents wellbeing in both counties and is in dire need of rehabilitation.

Plate 1: Current road situation at Tarbaj Plate 2: Road section at Garse Sala

Plate 3: Existing Road Section at Borehole 11 Plate 4: Accident scene near DIMU during the
field study

4.1.3 Land Tenure

43. In the entire Wajir County, land is categorized as trust land apart from a small percentage
of the total area occupied by townships. The survey process for part of Wajir town was
done and owners’ allotment letters issued, especially within the four (4) mile radius. The
County is also in the process of preparing physical development Plans for seven towns

22
 namely Habaswein, Griftu, Eldas, Bute, Tarbaj, Khorof Harar and Hadado and County
Spatial Plan to guide development planning.

44. The largest portion of the land in Mandera County is communally owned, with only a few
parcels within Mandera Town having title deeds. According to reports from the survey
department, title deeds are only available in some parts of Mandera Town, which is less
than one percent of the county. This forms an insignificant percentage of land surveyed in
the County and especially in urban centers where private ownership is vital in attracting
intensive investments. The County government has embarked on planning and survey of
selected urban centers and about 9,000 title deeds are being processed in Mandera Town.
According to the County Director of survey, when this is done, the percentage of
individuals with title deeds shall have increased to about 30%.

45. Cases of landlessness are not common in the county, since the land is communally owned.
This implies that different communities residing in different parts of the county have the
right to land ownership through community land tenure system. However, the system is
gradually changing and land fragmentation is increasing as members of the community
subdivide land for individual ownership. However, contradicting information was
provided to the RAP team that there are few cases of landlessness reported have been a
result of inter-clan conflict, especially in Rhamu, where resettlement schemes have been
set. This information has not been corroborated with the community as the area falls
outside the Wajir – Elwak road section that is the scope of the RAP.

4.1.4 Market and Urban Development

46. There are Six urban centers in Wajir County of which Habaswein, Wajir and Tarbaj fall
directly within the road project network. The others are Bute, Eldas and Griftu. The urban
population for the County stands at 117,647 persons. This is projected to be 129,376 and
137,975 in 2020 and 2022 respectively. The urban population is 13.793 per cent of the
total population. Urbanization is expected to increase the proportion of population living
in urban areas leading to unplanned settlements. The increase in urban population will put
pressure on existing basic services in the towns and the county at large.

47. In Mandera County, there are three urban centres namely, Mandera, Elwak, Rhamu and
Takaba. Mandera Town is the most densely populated urban area of the County, while
Takaba is the least populated. The town is the oldest and main urban section of the County
and its high population is attributed to its residents’ engagement in different economic
activities. The town has small-scale traders; retailers, artisans, hoteliers, grocers and even
cross-border traders. According to population projections based on the KPHS 2009, the
total urban population for Mandera County in 2017 was 174,053, and is projected to rise
to 195,560 and 211,355 in 2020 and 2022 respectively.

48. According to the Wajir County Director of planning, the rate of urbanization is expected
to increase partly as a result of frequent droughts fueled by climate change leading to
livelihood failure which is mainly pastoralism. Additionally, the implementation of the
NETIP programme is expected to see an upsurge in the urban population as the initiative
traverses the entire section of the two counties’ urban centres.

4.1.5 Health and Nutrition

23
49. In Wajir County, there are 115 public health facilities, 29 private facilities and 2 facilities
run by NGO/missions. The county has 10 level IV hospitals, 26 level III health centers,
79 level II dispensaries, 3 private hospitals, one nursing home and 27 clinics. The socio-
economic data shows that 95.9 per cent of the population in project area has to cover more
than 5 Km to access a health facility and only 4.1 per cent access a health facility within
less than 1Km. According to NASCOP, The HIV prevalence rate is 0.9 per cent which is
lower than the national rate which stands at 6.7 per cent. According to KDHS 2014 data,
the County has many cases of malnutrition and stunting mainly for under five children
which is as a result of high poverty levels leading to food insecurity and dependence on
relief food. According to the KDHS (2014) 26 per cent of children under age five in the
county are stunted.

50. In Mandera County, the Maternal Mortality Rate (MMR) indicators stand at 3,795 deaths
per 100,000 live births, as compared to the national average of 488 deaths per 100,000
live births which is 8 times the National average. The neonatal mortality rate and under-
five mortality stands at 72 and 80 per 1,000 live births respectively. In addition, there is a
low uptake (1.9%) of modern contraceptive methods, about 29 times lower than the
national average (58% - KDHS 2014).

4.1.6 Water and Sanitation

51. There are no permanent surface water sources in Wajir County as most of the water
sources are subsurface including boreholes, shallow wells and pans. The county has 272
boreholes, 15 Mega pans, and 260 Water Pans. The county has a water company; Wajir
Water and Sewerage Company (WAJWASCO) which manages 30 boreholes. Majority of
the boreholes are managed and serviced by the Department of Water. At the community
level, water users’ associations (WUAs) manage the day to day operations of the
boreholes.

52. The county has no sewerage system and mainly relies on septic tanks, bucket latrines, pit
latrines and VIP Latrines in some towns and institutions. Latrine coverage is low at
approximately 30 Per cent. There have been outbreaks of public health related
emergencies in the county e.g. cholera as a result of high e-coli levels partly attributed to
water contamination. The main water resources in Mandera County are Daua River,
ponds, streams, earth pans, equipped boreholes, protected dug wells and unprotected dug
wells. The quality of the water from these resources is poor. In areas far away from the
Daua River basin, groundwater is tapped from deep aquifers by drilling boreholes (175-
350m below the surface). According to the County director for Water and Sanitation,
Mandera County presently has 147 public run-off water conservation structures such as
earth pans and dams. However, 80% of these have storage capacities of 25,000m3 and
below and as such, have no impact in enhancing the county’s water security.

24
Plate 5: Heading to a water source in Plate 6: Children in Lafaley transporting
Dimu water to the homestead

53. In terms of waste disposal methods, 82.2% of households burn their waste while 12.2%
use garbage pits, 3.9% use public garbage heap, 0.8% dispose by using private firms,
0.5% by local authorities while 0.4% by neighborhood community groups.

4.1.7 Education

54. In Wajir County, there are educational facilities for all levels of education. There are 264
ECD centers with a total enrolment of 15075. The teacher/pupil ratio is 1:25 and transition
rate of 90 percent. At the primary school level, there are 218 Primary schools with a total
enrolment of 63,912 pupils of which 38,584 are boys and 25,328 are girls. Also, there are
41 secondary schools with enrolment of 7,780 boys against 4408 girls.

55. At tertiary level, there are nine youth polytechnics out of which only five are operational
(Wajir, Habaswein, Khorof Harar, Tarbaj and Griftu polytechnics). The total enrollment
stands at 197 with 69 being male and 128 females. There is also one Medical Training
College, one Livestock Training Centre (GPTC Griftu), Two Teacher training colleges
and two other tertiary institutions.

56. According to Mandera county Integrated County Development Plan 2018 - 2022, in the
ECDE sector, there are 259 public ECDE centres with an enrolment of 34,341 children, of
which 19,066 are boys and 15,275 are girls as at 2017.

57. The County has 259 public primary schools with a total enrolment of 183,560 pupils. Of
these, 115,422 are boys and the remaining 68,138 girls. There are a total 1,079 teachers
serving the schools, with a shortfall of 910. The teacher, pupil ratio is, therefore, 1:91. The
dropout rate is 6.6 per cent. The Primary Education NER for the County is 42.4 per cent
(64.4% boys and 35.5% girls) compared to the national rate of 77.2 per cent (76.2 per cent
males and 78.3 per cent females). There are 30 mobile schools, eight in Mandera East,
seven in Lafey, two in Mandera West, eight in Banisa and five in Mandera North
constituencies. Further, there are 27 low-cost boarding schools, fully funded by the
national Government. In both Counties, non- formal education classes across the villages
popularly known as Duksi whereby children are taught Islamic religion are established.
Plates 7-10 shows some of the educational and literacy facilities in the project area.

25
 Plate 8: Madrasa classroom at DIMU
Plate 7: Model Girls’ School in Kotulo

Plate 9: Community Library at Tarbaj Plate 10: A young boy carrying boards
important for Duksi instructions at Dimu

Census of Project Affected People (PAPS)

58. The Census was carried out to document the current occupants of the Project Affected
People (PAPs) within the road ROW in all the thirteen (13) settlements. The data is
important as it will form the basis for future RAP decision making regarding eligibility for
compensation and resettlement assistance.

4.2.1 Procedure for Verification of Project Affected Persons (PAPs)

59. The RAP Review team undertook the task of PAPs identification using the following
procedure:
i. Community mobilization was undertaken under the guidance of a mobilization
assistant who is experienced and familiar with the study area and in close consultation.
Upon identification of the owners of affected property falling within the 60M ROW in
most of the road alignment and 40M within the Tarbaj and Elwak spurs, the RAP team
initiated the verification exercise.
ii. The profile of the PAPs then followed and was compiled separately for each of the
thirteen (13) settlements indicating the Names, ID No., Telephone Contact and the
extent of loss/ impact as indicated in the PAP Summary roll.

60. Using the profile above, the total no of PAP households was derived and listed for each
settlement. In instances where property owners could not be traced, the local
administrators (chiefs) sought personal details and provided the data to the RAP review
team for inclusion in the census listing. This will be validated by NLC at implementation.
However, there were instances where this information was not readily available. In such
cases, the property was valued but listed under unknown PAPs. KeNHA through NLC
will conduct due diligence in order to trace and determine the real owners and identity of
the absentee PAPs to enable ‘pay out’ the compensation. The area being a pastoralist
region the NLC validation process will be done through free prior and informed

26
 consultations that will be well publicized and well in advance to ensure a near 100%
turnout at implementation.
4.2.2 Project Affected Persons (PAPs)

61. The Census results for the Project Affected Persons are provided in the table below.

Table 29 : The Number of PAPs Enumerated According to Settlement

S No. Settlement No. of PAPs
1 Wagberi 18
2 Halane 19
3 Lafaley 19
4 Tarbaj 206
5 Hungai 105
6 Wargadud 122
7 Kutulo (Wajir) 166
8 Kutulo (Mandera) 156
9 Dimu 14
10 Daba city 76
11 Garse Sala 63
12 Bore hole 11 176
13 Elwak 215
Total 1, 355

Results Of the Socio-Economic Survey of Project Affected Area

4.3.1 Socio-economic and Cultural Characteristics of the Potential PAPs

62. The socio-economic baseline survey was conducted between 2nd January 2019 and 14th
April 2019 to obtain primary data to serve as a baseline for designing the resettlement
program. The research assistants were recruited at the various settlement sites and trained
before embarking on actual data collection. The study targeted at the inclusion of whole
population in the sample. However, in the Mandera County section of the Road, this
became difficult due to security challenges.

4.3.2 PAP Respondents According to Settlement

63. The survey adopted the entire population (100%) for the administration of the household
questionnaire. This was possible because of the concentrated nature of settlement of
households within the study area making it convenient for the RAP study team to conduct
the survey alongside other activities including the Household census and property
valuation. The table 20 below shows the number of study respondents according to
settlements.

Table 30 : The Number of PAPs Respondents According to Settlement.

S No. Settlement PAP Respondents by Proportion of PAP Pop (%)
Settlement
1 Wagberi 12 1 .1
2 Halane 10 0.9
3 Lafaley 15 1.4

27
4 Tarbaj 180 16.9
5 Hungai 94 8.9
6 Wargadud 110 10.5
7 Kutulo (Wajir) 150 14.1
8 Kutulo (Mandera) 82 8.3
9 Dimu 5 0.5
10 Daba city 56 5.3
11 Garse Sala 48 4.5
12 Bore hole 11 125 11.8
13 Elwak 167 15.7
Total 1, 062 100

4.3.3 PAP Household Demographics Organization Characteristics

4.3.3.1 Gender and Household Headship among Respondents

64. The Demographic data shows that the majority of the respondents were male (61%), while
36 % were women. The survey findings further show that 69 % of the households are
male-headed. However, this state of affairs was different at Wagberi, DIMU where
majority of the households are female-headed as indicated by 72% and 62 respectively.
The table 21 and Table 22 below shows the distribution of respondents according to
gender and household headship status in the Project affected Area and the various
settlements respectively.

Table 31: Distribution of Respondents according to Gender and HH Status

Gender Number of respondents Percentage
Male 648 61
Female 382 36
N/S 32 03
Total 1, 062 100

65. The table below shows the percentage of household headship according to settlement.

Table 32 : Percentage Distribution of Household Heads according to Settlements

Settlement Household Headship
Male (%) Female (%) N/S (%)
1 Wagberi 20.0 (2) 72.0 (9) 8.0 (1)
2 Halane 42.0 (4) 46.0 (5) 12.0 (1)
3 Lafaley 74.0 (11) 22.0 (3) 4.0 (1)
4 Tarbaj 81.0(145) 17.0 (31) 2.0 (4)
5 Hungai 68.0 (61) 31.9 (29) 0 (0)
6 Wargadud 84.0 (92) 14.0 (15) 2.0 (2)
7 Kotulo 78.0 (117) 20.0 (30) 2.0 (2)
8 Kotulo 82.0 (67) 17.98 (15) 0.02 (0)
9 Dimu 37.0 (2) 62 (3) 0 (0)
10 Garse sala 92.0 (41) 7.80 (4) 0.2 (0)
11 Dabacity 74.5 (42) 25.0 (14) 0.5 (0)
12 Borehole 11 73.0 (110) 26.0 (39) 1.0 (2)
13 Elwak 58.0 (93) 38.5 (62) 3.5 (5)
28
4.3.3.2 PAP Household Membership Distribution According to Age

66. The survey data shows that the majority of the PAPs fall within the age bracket 25-44
(41%), while the Population of children comprises 28 % of the population of the
settlements in the study area. The table below shows the distribution of household
members according to age.

Table 33 : Distribution of PAPs Household Members according to Age

S. No Age -Category Percentage
1 0 - 18 28 (297)
2 19-24 11 (118)
3 25-44 41 (435)
4 45-59 13 (138)
5 60+ 7 (74)

4.3.3.3 Religious Affiliation and Ethnicity of Respondents

67. All the respondents belong to the Islamic religion (100%) with the Majority of
respondents indicating that they belong to the Somali ethnic Community (92%).
Additionally, 7.4 % of the respondents indicated their ethnic affiliation as Degodia.

4.3.3.4 Educational Attainment among Households PAPs

68. Approximately 62% of the PAP respondents in the project affected area have not attained
any formal schooling, while a paltry 12% have attended Primary education. The rest
constituting 12 % have attended only madrasa. The table 24 below shows the level of
education attained by the PAPs in the project affected area.

Table 34 : Distribution of PAPs Respondents according to Educational Attainment

Level of education No of PAP % of PAP Respondents
Respondents
None 658 62.0
Primary 127 12.0
Secondary 96 9.0
Post-secondary/ TVET/ Tertiary 52 4.9
University 2 0.1
Other (Madrasa)* 127 12.0
Total 1,062 100
* All the other respondents who have attained an education have also attended madrasa.

4.3.4 Vulnerability among PAPs

69. The forms of vulnerability characteristics highlighted among PAPS during the survey
included the Disabled (0.4%), Single parent (0.2%), Internally displaced persons - IDPs
(0.56%) OVCs (0.18%), Widowhood/ Widower hood (0.659%), Divorced (1.20%) and
the chronically ill (0.003%) and elderly (0.659). The table below summarizes the
information on vulnerability in the project area.

29
Table 35 : Vulnerability among PAPs in Project Affected Area
SNo. Vulnerability type No. of respondents % of Respondents
1 PLWDs 4 0.4
2 Single parent 2 0.2
3 IDP 6 0.56
4 OVC 2 0.18
5 Widowhood/ Widower hood 7 0.659
6 Divorced 1 0.003
7 Chronically ill 1 0.003
8 Elderly aged 60+ 7 0.659
9 Not related to any vulnerability 1325 98.2

70. Therefore, the overall percentage of the vulnerable PAPs as indicated in the RAP study is
approximately 2.8% (30) of the PAPs, with the majority comprising the elderly members
of society (7%).

4.3.5 Sources of Livelihood, Occupational and Labour Force Participation among

PAPs

4.3.5.1 Land ownership and Sources of Livelihood

71. According to the RAP Study, Land ownership in the project area is communal with 87 %
of the PAP respondents indicating that the proof of land ownership is chiefs’ letter. In
Halane/ Wagberi settlements, 56% of the respondents indicated that the land they are
presently occupying is allocated by the County council, while 38 % had purchased the
land. An analysis of the main occupation shows that most PAP respondents are pastoral
herders (78%), followed by business and those in self – employment in that order. The
other forms of occupation of HH are presented in the table below.

Table 36 : Distribution of PAPs Respondents According to the main Occupation

Main occupation of HH No. of Respondents % of Respondents
Business 106 10
Pastoral herding* 828 78
Self-employed 58 5.5
Security worker 6 0.5
Property rental 11 1
Unemployed 32 3
Other 21 2
Total 1, 062 100

4.3.5.2 Household Average Monthly Income

72. The socio-economic survey study showed that The PAP household heads’ monthly
income levels ranged from 4,000 to 180,000. The overall majority of the respondents
(32% %) earned incomes below 10,000 followed by 21 % who earned income ranging
between 61,000 – 90,000. The distribution of respondents according to average household
monthly income is shown in table below.

30
Table 37 : Distribution of PAPs Respondents according to Monthly Household Average
of Income
Income range Number of PAPs % of Respondents
0-9,999 340 32
10,000-30,000 106 10
31,000- 60,000 106 10
61,000-90,000 223 21
91,000-120,000 53 5
121,000-150,000 32 3
151,000- 180,000 64 6
Above 180,000 21 2
N/S 117 11
Total 1, 062 100

4.3.6 Social Infrastructural Services

4.3.6.1 Transport and Communication

73. The main mode of transport used within the study site is Matatu /Van (62 %). The other
responses are shown on the table below.

Table 38 : Distribution of PAPs Respondents according to main Mode of Transport

Main mode of transport No. of PAPs Respondents % of Respondents
Private Car 0 0
Bus 42 4
Van / Matatu 658 62
Lorry 32 3
Boda-boda 74 7
Bicycle 42 4
Walking 74 7
Other 64 6
N/S 74 7
Total 1, 062 100

4.3.6.2 Educational Facilities and Infrastructure

74. On the provision of educational facilities, the majority of the PAP respondents (89%)
indicated that public schools were close to the settlement. The other responses are shown
in the table below.

Table 39 : Distribution of PAPs Respondents according to Educational Facility Close to

the Settlement
Type of school No. of PAP Respondents % of Respondents
Public 945 89
Private 22 2.1
Mission 10 0.9
N/S 85 8
Total 1, 062 100

31
4.3.6.3 Main Water Sources and Sanitation

a) Main Sources of Water

The findings of the socio-economic study show the PAPs responses on the main
sources of water supply in the settlements. The data shows that majority of the
respondents (82%) depend on Borehole as the main source of water for the household.
The various sources of water as per the responses by the PAPs are shown in table
below.

Table 40 : Distribution of PAPs Respondents according to Main Source of Water

Supply
Main Source of Drinking No. of PAPs % of Respondents
Water Respondents
Piped water to the dwelling 0 0.0
Piped water to the plot 0 0.0
Piped Public Tap 0 0.0
Protected spring 0 0.0
Borehole 835 82.0
Water Pan 71 7.0
Roof Water Harvesting 29 2.8
River / Stream/ canal 8 0.78
Dam 41 4.00
Pond 20 2.00
N/S 14 1.42
Total 1, 018 100

b) Ownership and Type of Toilet Facility

The survey indicated that 56.8 % of the PAP respondents own a toilet. The most
commonly used type of toilet facility by the PAPs in the study area is pit latrine with
concrete (30.2 %), followed by V.I.P Toilet (16%) as shown in the table below.

Table 41 : Distribution of PAPs Respondents according to Type of Toilet Facility Owned

Type of Toilet No. of PAPs Respondents % of Respondents
Flush to septic 0 0.0
Flush to pit latrine 289 28
V.I.P Toilet 165 16
Pit latrine with concrete 312 30.2
Other 122 11.8
Did not respond 144 14
Total 1, 032 100

c) Household Waste Disposal Facilities and Garbage Disposal

The majority of PAPs dispose of their household waste by burning (92.6%), while the rest
bury (3.4%), throw (2.8%) and use compost pit (1.1 %) as shown in the table below.

32
Table 42 : Distribution of PAPs Respondents according to Household Waste: Garbage
Disposal Method
Waste disposal method No. of PAP Respondents % of Respondents
Compost pit 11 1.1
Burying 36 3.4
Burning 969 92.6
Throwing 30 2.8
Other 11 1.1
Total 1, 058 100

4.3.6.4 Public Health and Medical Services Provision

75. The PAP respondents indicated that the community mainly relies on public health
facilities (47 %) for treatment. The table below shows the responses from the survey.

Table 43 : Distribution of PAPs Respondents according to Public Health Facility

Attended
Type of Health Medical No of PAPs % of Respondents
Facility
Public Hospital 499 47
Health Centre 340 32
Mission / NGO Hospital 5 0.5
N/S - Others 218 20.5
Total 1, 062 100

4.3.6.5 Sources of Energy

a) Sources of Energy for Cooking

The main PAPs’ source of household energy for cooking was firewood (79.8 %)
followed by charcoal (8 %). Other sources of energy are shown in the table below.

Table 44 : Distribution of PAPs Respondents according to Main Source of Energy for

Cooking
Main source of Energy for No of PAPs % of Respondents
Cooking
Firewood 839 79
Charcoal 85 8
LPG Gas 48 4.45
Others 89 8.45
N/S 1 0.1
Total 1, 062 100

33
 b) Sources of Energy for Lighting

The most common source of energy for lighting in the project affected area is
Kerosene (38.5 %), followed by solar-powered torchlight (29%). The rest of the
respondents use Electricity (19%) and solar panels (13.5 %) as shown in the table
below.

Table 45 : Distribution of PAPs Respondents according to Main Source of Energy for

Lighting
Main source of Energy for No of PAPs % of Respondents
Lighting
Electricity 201 19
Solar 143 13.5
Torch (Solar powered) 307 29
Others e.g. Kerosene, diesel 407 38.5
Total 1, 058 100

4.3.7 Health Status of the PAP Population & HIV AIDS Knowledge & Prevention

4.3.7.1 Most Common Diseases in the Project Area

76. The PAP respondents cited the most common diseases in the area as Malaria (43.9%),
Typhoid (23.4%) and pneumonia (1.5%). The PAPs’ responses to the diseases that a
member of the household suffered in the last one year is shown in the table below.

Table 46 : Distribution of PAPs Respondents according to Disease Suffered by a

Member of the Household in the Last One Year
Disease Suffered Last One Year No. of PAPs % of Respondents
Malaria 466 43.9
Typhoid 249 23.4
Common Cold 57 5.4
Stomach Infection 242 22.75
Heart Burn 11 1.0
Blood Pressure 11 1.0
Cancer 4 0.4
Cholera 16 1.5
Snake Bites 5 0.5
No Response 1 0.1
Total 1, 062 100

4.3.7.2 HIVAIDS Knowledge and Prevention

77. The majority of the PAPs’ respondents (83.9%) indicated that they had not taken an AIDS
test, while 61.5% indicated that they were aware of the existence of sexually transmitted
infections (STIs). On STI transmission, the PAP responses are shown in the table below.

34
Table 47 : Distribution of PAPs Respondents according to Ways STIs are Transmitted
Ways STIs are Transmitted No. of PAPs % of Respondents
Multiple Sex Partners 842 79.6
Blood Transfusion 109 10.3
Sharp Objects 71 6.7
Don’t Know 7 0.7
N/S 29 2.7
Total 1, 058 100
78. The majority of the PAP respondents (74.5 %) stated abstinence as the method for
preventing STIs infection in the project area.

4.3.8 Project impacts: Magnitude of Expected Loss and Attitude to Project

4.3.8.1 Awareness of Project & Project Preparation Activities

79. Majority of PAP respondents (83%) indicated that they were aware of the project.
However, 4.9% indicated that they had not heard of the project, while 15.6 % did not
respond. On sources of information on the project, 38% said they heard of the project
from survey teams, while the rest are as shown in the table below.

Table 48 : Distribution of PAPs Respondents according to Source of Project Information

Source of Project Information No of PAPs % of Respondents
Survey teams 404 38
KeNHA 11 1.01
Chief 255 24
County Government 111 10.49
Local Radio Station 5 0.5
No response 276 26
Total 1, 062 100

4.3.8.2 Project Impacts on Individual Members and the Community

80. The PAPs were aware that the project will affect them negatively, mainly on disruption
associated with being resettled (36.4%) but some PAPs expressed positive impacts
especially with regard to improvement to household sources of income arising from
improved transportation (42%) and provision of labour to local residents (14%). Other
impacts mentioned are shown in the table below.

Table 49 : Distribution of PAPs Respondents according to Impacts of Projects on

Individuals and the Community
Project Effects No of PAPs % of Respondents
Expansion of Bussiness 90 8.6
Employment 147 14.0
Disruption of Life 382 36.4
Easy Transportation 284 27.0
Road Accidents 84 8.0
N/S 63 6.0
Total 1,050 100
35
4.3.8.3 PAP Respondents and Broad Community Support for the Project

81. Majority of the PAP respondents (81.8%) showed approval for the project, while a paltry
(2.1 %) expressed disapproval. The PAP respondents’ approval/disapproval of the project
is shown in the table below.

Table 50 : Distribution of PAPs Respondents according to Support to the Project

Approval No. of PAP % Respondents
Approve 869 81.8
Disapprove 22 2.1
No response 171 16.1
Total 1, 062 100

4.3.9 Social and Cultural Characteristics of the Affected Communities

82. This sub – section describes the local communities’ formal and informal institutions that
are responsible for organizing activities and processes in the community. The data was
obtained from Key Informant Interviews and FGDs with community members in the
settlement sites along the road corridor. Gender calendar and division of labour was
derived by administration of seasonal calendar.

4.3.9.1 Formal and Informal Social Institutions

83. The local community members pointed out that both the Formal National and County
Administration is important in the organization and provision of the needs of members of
the society. The informal institutions equally play an active role in providing solutions to
local challenges. The following provides the list of local social and cultural institutions in
the Project area:

Formal Institutions:
 County Government of Wajir & Mandera
 Ward (County Assembly)
 Local National Government Administrative Offices I.e. C.C, D.C.C, A.C.C,
Chiefs, A/Chiefs
 Religious Leadership E.g. Imams, Sheikh

Informal Institutions:
 Local council of elders
 Women Groups
 Youth Groups
 Madrasa

Governmental & Non – Governmental Organizations

 Mercy corps
 ALDEF (Arid Lands Development Forum)
 Islamic Relief
 NDMA (National Drought Management Agency)
 Red Cross
 World Vision

36
  Habiba International
 RACIDA
 AHADI
 Women for Peace
 Agency for Technical Cooperation and Development (ACTED)
 Practical Action
 Danish Refugee Council

4.3.9.2 Inter/ Intra Community Conflict

84. The community members attributed the occasional upsurge of inter-ethnic conflict to the
competition for grazing and water sources, especially along the Wajir / Mandera counties’
border. At the time of the RAP study a flare – up involving the Degodia and Gare clans
emerged. There are also instances of internal displacement of families arising from inter –
ethnic conflicts.

4.3.9.3 Security/Insecurity

85. Community members cited peace as one of the major resources in the locality. The most
commonly cited threat to the security in the project site is the al – Shabab menace, as the
project site traverses a region close to neighboring Somalia. However, majority of the
community leaders averred that the threat is not only unique to the area but the entire
Country. Nevertheless, given the proximity of the project site to the Kenya / Somalia
border, the threat to attacks by the resurgence group is high.

4.3.9.4 Gender Analysis

86. The consultations with members of the community during FGDs the community is
patrilineal, the views of the women are considered less in major decisions. Elders
observed in matters concerning land, disputes and war/peace, however, women are not
involved and are not expected to be presented in such deliberations. Thus, women in the
locality are underrepresented in property ownership, education and political leadership.
The gender calendar for the project area showed that women are actively involved in both
productive and reproductive work and work for longer periods than men. The following
itinerary shows the daily routine for men and women. The gender issues along the road
corridor include; legal rights to property, domestic violence and decision making in
childbearing.

Table 51 : Daily Routine of Activities Performed by Women in the project affected Area
Time / Period of Day Activity
5.00 A.M Morning Waking up
Caring for children
Afternoon Family needs provision/cooking
Cleaning
Business care/trading
10.00 P.M Evening Household Chores

Table 52 : Daily Routine of Activities Performed by Men

Time / Period of Day Activity

37
5.00 A.M Morning Waking up
Mosque for prayers
7.00 A.M Breakfast
Afternoon Business
Mosque for Prayers
08.00 P.M Evening Sleep

4.3.10 Implications of Socio-economic Baseline Study Findings on Project and RAP

Implementation

87. The findings of the socio-economic study present an opportunity for effective
implementation of the resettlement programme. The major implications are highlighted in
the following subsections:

4.3.10.1 Land Tenure, Entitlement, and Future Compensation

88. According to the regulations governing land ownership in the country, in the entire project
area, land ownership is considered under customary land since land in Northern Kenya
has not been adjudicated into Community Land under the Community Land Act (2016).
There are exceptions to this, mainly in towns and urban areas like Wajir, Tarbaj and
Elwak where customary land was allocated to individuals by the previous County Council
and current County Governments the conversion process was not completed. Socio-
economic studies and key informant Interviews show that a large proportion of
community residents have in their possession documentation proving private ownership of
plots and land parcels beyond the settled areas, especially at Wagberi, Halane, Tarbaj and
Elwak areas where by-pass roads have been considered as a measure to minimize
resettlement. Furthermore, presently, both devolved units have expedited the processing
of land ownership documentation. There are also numerous instances of land transactions
among community members with an acre of land going for as high as Six to Eleven
Million and Two million shillings at Halane and Tarbaj respectively. The foregoing has
implications for future planning and calls for a additional guidance in the policy
framework to guide the process. According to the NETIP Project RPF, for land
acquisition purposes, in these areas, KeNHA will work closely with the County
Government of Wajir and Mandera and NLC to provide a solution to these grievances
raised during the Resettlement Planning process.

4.3.10.2 Health and Safety Measures for Project Staff and Community Members During
Project Implementation
89. The survey findings demonstrate that in all the affected settlements, members of the
Community advocate for abstinence as the only culturally acceptable means of protection
against STIs and contracting of HIV/AIDS. Further, it was emphasized by Community
elders and religious leaders on the need to abide by the community’s culture especially on
matters pertaining to Sexual and Reproductive Health. There is, therefore, need to relook
the conventional emphasis on condom use among project staff and prioritize other
strategies such as behavior change communication (BCC) targeting the community and
project staff during project implementation.

4.3.10.3 Treatment of Cultural Property

38
90. The RAP has documented all the cultural property of the PAPs and the community in the
Project Area. The consultations indicated that there are numerous sites of significance,
more so, the shallow graves alongside (but generally outside) the road project ROW in
Bulla Afya area of Mandera. This was verified on the ground and was found to be outside
the project area of impact. It is imperative that “Chance find procedure” is adopted during
the project implementation phase. The following is the suggested way/procedure for
handling the finds:
 For private family graves, consultations will be held with the family members on
relocation and compensation provided to cover logistics for transferring remains to
new sites and associated rituals.
 Community cemeteries will require consultations with the religious leaders and local
elders and the relevant devolved Government agent (Town Administrator) for
protection such as fencing.
 The Orahey historical site is already under the protection of the NMK. Further
consultations and collaborations will be initiated with relevant agencies to step up its
preservation.

4.3.10.4 Project Information on RAP Process & Project Implementation

91. The survey findings on sources of information on the project showed that there is limited
availability of channels of information appropriate and accessible the members of the
community as most PAPs (38%) received the information from the survey design
consultant. An approximately equal proportion cited the local Chiefs and County
Government as their source, while 28% did not respond. This implies that there is need for
the project proponent to institute urgent measures by establishing a local NETIP unit to
work closely with the local Administration institutions in providing information on RAP
process and Project implementation.

4.4 RAP Update

92. During the RAP verification exercise, there were issues that could not be resolved due to
the insecurity situation on the ground as well as the disputed road boundary on some
sections of the road. An Action Plan was developed as provided in Annex H that indicated
all the pending issues, how they are been resolved and the timeline. Thus, the RAP will be
updated on the Action Plan is implemented.

39
 CHAPTER FIVE

5 POLICY AND LEGAL FRAMEWORK

5.1 Introduction

93. This section reviews and discusses the legislation and regulatory framework applicable to
resettlement in Kenya. It outlines the laws governing land tenure, statutory mechanisms
for land acquisition, relevant legal and administrative procedures and remedies available
for displaced persons. The laws and regulations relating to agencies responsible for
implementation of resettlement activities are presented. Lastly, a comparison among the
Kenyan legislation and the World Bank provisions on resettlement, inherent gaps and
remedies are outlined.

5.2 Legal Framework

5.2.1 Constitution of Kenya (2010)

94. The constitution of Kenya 2010 is the premier legal document upon which all principles
of land policy in the country are hinged. It stipulates the principles upon which land
matters in the country shall be handled. Article 60 (1) f calls for elimination of
discrimination in law, customs and practices related to land and property in land. It further
recommends for encouragement of communities to settle land disputes through recognized
local community initiatives. The constitution categorizes land into three categories: Public
land, Community land and Private land.

95. Section 40 recognizes and protects the right to private property. Article 66 provides for
the state to regulate land, in the interest of public use. However, article 47 of the
constitution calls for fair administration of action, that is expeditious, efficient and lawful.
The Road project planning and implementation will comply with the requirements of the
constitution with respect to property rights.

5.2.2 National Land Commission Act 2012

96. The act provides a framework for the management and administration of land in
accordance with the principles of land policy set out in Article 60 of the Constitution and
the national land policy. It mandates the establishment of the National Land Commission
and also elaborates the linkage between the Commission, County Governments and other
Institutions dealing with Land and land related resources. The act stipulates the functions
of the National Land Commission as:
a) Managing public land on behalf of the National and County Governments.
b) Recommending a National Land Policy to the National Government;
c) Advising the national government on a comprehensive programme for the registration
of title in land throughout Kenya
d) Conducting research related to land and the use of natural resources, and make
recommendations to appropriate authorities;
e) Initiating investigations, on its own initiative or on a complaint, into present or
historical land injustices, and recommend appropriate redress;
f) Monitoring and having oversight responsibilities over land use planning throughout
the country.

40
97. Compulsory acquisition in Kenya is to be handled by the NLC. The act empowers the
Commission to administer all unregistered trust land and unregistered community land on
behalf of the County government.

5.3 Relevant Legislation

98. Several applicable legislations will be triggered in the course of the NETIP project
preparation and RAP Implementation. This sub- section provides the discussion of those
that are relevant to resettlement.

5.3.1 Land Act 2012

99. This is an Act of Parliament that gives effect to Article 68 of the Constitution, to revise,
consolidate and rationalize land laws: to provide for the sustainable administration and
management of land and land-based resources, and for connected purposes. In part VIII of
the Act on compulsory acquisition of interests in land, the powers are given to the cabinet
secretary or the County Executive Committee member to submit a request for acquisition
of desirable public land to the Commission to acquire the land on its behalf, and this can
be granted as long as it meet the requirements prescribed under subsection (2) and Article
40(3} of the Constitution. In section 110 (1) such land may be acquired compulsorily
under this part if the Commission certifies, in writing, that the land is required for public
purposes or in the public interest as related to and necessary for fulfilment of the stated
public purpose.

100. Whenever such a land is acquired or and is suitable for the intended purpose, section
111 (1) advocates for a just compensation to be paid promptly in full to all persons whose
interests in the land have been determined. However, clause (2) of section 11 allows the
Commission of lands to make rules that can regulate the assessment of just compensation
for affected parties.

101. Section 115(1) requires the Commission to promptly pay compensation in accordance
with the award to the persons whose interests in the land have been determined except in a
case where:
 There is no person competent to receive payment; or
 The person entitled does not consent to receive the amount awarded; or
 There is a dispute as to the right of the persons entitled to receive the compensation or
as to the shares in which the compensation is to be paid.

102. Section 120 part (4) grants the ownership to the national or county governments land
absolutely free from encumbrances as long as payment of just compensation in full has
been made. If disputes occur as a result of this, section 128 requires such matters to be
referred to the Land and Environment Court for determination.

5.3.2 Land Registration Act 2012

103. Section 20 clause (1) requires every proprietor of land to maintain in good order the
fences, hedges, stones, pillars, beacons, walls and other features that demarcate the
boundaries, Section 21 prohibits any person to deface, remove, injure or otherwise impair
a boundary feature or any part of it unless authorized to do so by the Registrar, and if
convicted is liable to pay the cost of restoring the boundary feature, and the cost shall be

41
 recoverable as a civil debt by any person who is responsible under this section for the
maintenance of the feature.

104. Section 28 requires all registered land unless the contrary is expressed in the register
be subject to the following overriding interests as may for the time being subsist and
affect the same, without their being noted on the register rights of compulsory acquisition,
resumption entry search and user conferred by any other written law.

5.3.3 Community Land Act, 2016

105. The Community Land Act, No. 27 of 2016 gives effect to Article 63 of the
Constitution of Kenya, which provides for a classification of land known as Community
Land. The Constitution provides that community land shall vest in and be held by
communities. It provides for the recognition, protection and registration of community
land rights and the management and administration of community land. It also describes
the role of county governments in relation to unregistered community land and related
matters.

The Act repeals the Land (Group Representatives) Act (Chapter 287 of the Laws of
Kenya) and the Trust Lands Act (Chapter 288 of the Laws of Kenya). The salient features
of the Act are: the definition the word “community” beyond ethnic identity, the
classification of land tenure, the mode of registration of community land rights, creation
of the office of the community land registrar and register, recognition of community land
rights, limitation of compulsory acquisition of community land, the role of county
government with respect to Community land establishment of Community Land
Management Committee, mode of converting community land and benefits sharing in
community.
The land in the project area is community land, held by county governments in trust for
communities. This Act is thus pivotal especially in the resettlement programs that may
ensue as a result of project works.

5.3.4 The Environment and Land Court Act, 2011

106. This is an Act of Parliament to give effect to Article 162(2) (b) of the Constitution; to
establish a superior court to hear and determine disputes relating to the environment and
the use and occupation of, and title to, land, and to make provision for its jurisdiction
functions and powers, and for connected purposes.

107. Any environmental disputes related to land is resolved with reference to this Act. The
Court has powers to hear and determine disputes relating to environment and land. This
includes disputes relating to environmental planning and protection, climate issues, land
use planning, title, tenure, boundaries, valuations, mining, minerals and other natural
resources; and compulsory acquisition of land and relating to land administration and
management.

108. This will be the final institution charged with arbitration of matters that will arise out
of the resettlement process. Nevertheless, the RAP process will take this to be the very
last resort as court processes consumes considerable time and resources that can delay the
project execution.

42
5.3.5 The Land Control Act Cap 302
109. This is an Act of parliament which under article 97 asserts that:
(1) The Commission may, subject to and in accordance with sections 98 and 99 create
rights of way which be known as public rights of way.
(2) A public right of way may be –
(a) A right of way created for the benefit of the National or County Government, a
local authority, a public authority or any corporate body to enable all such bodies
to carry out their functions, referred to as a wayleave.
(b) Article 110 provides for issuing of notice of eviction for any person or persons
unlawfully-occupying public land. In determining whether to serve a notice or
oral communication and period of time to be specified in the notice. Under article
111 provides for issuance of notice for removal of any obstructions within the
right of way. Under article 112 (2) and (3) provides for penalties for unlawful
occupation of public land or causes obstruction in the right of way. Under the
provisions of this legislation, a notice of removal of all obstruction from the right
of way will be issued after recommended entitlements have been paid to the
PAPs in all the settlements.

5.3.6 Public Roads and Roads of Access Act (Cap. 399)

110. The Act provides for consolidation of laws relating to public transport. Sections 8 and
9 of the Act provides for the dedication, conversion or alignment of public travel lines
including construction of access roads on adjacent lands from the nearest part of a public
road. Section 10 and 11 allows for notices to be served on the adjacent land owners
alerting and seeking permission to construct such access roads. In relation to NETIP, the
proponent shall facilitate compliance to this Act by ensuring all lands used for the
proposed road project is within its way leave, where unavoidable, especially within the 13
towns / settlements and by – passes at Tarbaj and Elwak towns, due consideration outlined
in OP 4.12 shall be adhered to.
5.4 Compulsory Land Acquisition & Compensation for Affected Property & Assets

111. Compulsory acquisition refers to the power of the government to acquire rights in a
parcel of (and without the willing consent of its owners or occupants to benefit society.
The law governing compulsory acquisition is in Part VIII, Section 107 to 133 of the Land
Act 2012. This is triggered because land falling within settled towns and settlements (In
60M and 40M ROW as applicable) will be affected. However, as the project area falls
within the Northern part of Kenya, where land has not been adjudicated, and all land is
classified under Community Land, consideration will only be made on assets and
property. If there is need for construction of common facilities and infrastructure
associated with the road project, then the preparation of RPF to guide the process comes
in handy. Nevertheless, the process involves:

Pre-Inquiry
Preliminary Notice, Land Act Sec. 107(1) and (5): The National Land Commission
(NLC) will receive a request for acquisition from the Ministry of Roads from the
respective Cabinet Secretary. Preliminary Requirements, Sec. 107(2): NLC will
require the acquiring body to provide a comprehensive list of the affected parcels of
land and the respective owners, title search details, cadastral maps of the affected
areas, a Resettlement Action Plan accompanied by a list of Persons Affected by
Project. Compensation should address all the rights of affected persons in an equitable
manner.

43
Notice of intention to acquire, Land Act Sec, 107 (5) 110(1): This is published in the
Kenya Gazette after the commission certifies in writing that the land is required for
public purposes or in public interest Upon certification, the commission shall publish
notice of intent and shall deliver a copy of the notice to the registrar and to every
person who appears to have an interest in the land.

Ascertainment of suitability of land (survey), Sec. 108: All land to be compulsorily

acquired shall be authenticated by the authority responsible for survey both at the
national and county governments as per the Land Act Sec 107(8).

Inquiry
Notice of inquiry, Land Act Sec. 112 (1a): The NLC shall appoint a date for inquiry at
least 30 days after publishing the notice of intention to acquire, and at least 15 days
before the actual date of the inquiry. A copy of the notice is served on every person
who appears to have an interest in the land.

Receipt of claims Sec. 112 (2): Any written claim for compensation is delivered to the
commission not later than the date of inquiry. The inquiry determines who are the
persons interested in the land.

Powers of the commission, Sec. 112 (5): For purposes of an inquiry, the commission
shall have powers of the court to summon and examine witnesses including persons
with interest, to administer oaths and affirmations and to compel production and
delivery of title documents to the commission.

Post-Inquiry
Award of compensation, Sec. 113 and 114(1): Upon conclusion of the inquiry, the
commission shall make a separate award of compensation for every person whom it
has determined to be interested in the land. The commission shall then serve on each
person a notice of the award and offer of compensation.
Land in lieu of compensation, Sec. 114(2): Land can be given in lieu of monetary
award but such value of land shall not exceed the amount of money the commission
considers would have been awarded. Such award shall be deemed to be all the
compensation conclusively to which the person is entitled to in respect to the interest
in that land.

Payment of compensation, Sec 115: Upon acceptance of the award, the commission
shall promptly pay compensation. If the award is not accepted or there is a dispute, the
amount is paid into a special compensation account held by the commission.
Payment of interest, Sec 117 & 119: If the amount of any compensation is not paid,
the commission shall on or before taking possession open an account into which it
shall pay interest on the amount awarded at the prevailing bank rates from the time of
taking possession until the time of payment.

Payment of additional land, Sec. 118 and 119: If the acquired land is greater than the
area of land in respect to which an award is made, compensation shall be paid for the
excess area.
i. The government informs the Minister of Lands or" their intentions to
acquire the land.

44
 ii. The Minister for Lands directs the Commissioner of Lands in writing to
acquire the land compulsorily.
iii. Commissioner of Land publishes a notice in the Kenya Gazette to inform
the public of their intentions. A copy is sent to everyone to be affected by
the acquisition and they are informed of the venue and date of the inquiry
to be held.
iv. Commissioner determines the value of the land as per the Land Acquisition
Act.
v. Commissioner declares an award of compensation in writing to people
affected by the acquisition. This award is final unless challenged in court.
If one is not satisfied with the amount, they should accept it but must
indicate that they have accepted, it under protest. Thereafter they proceed
to court to make their claim.

5.4.1 Valuers Act, Cap 532 Laws of Kenya

112. Valuation of assets affected by the proposed Wajir – Elwak road section project was
carried out in line with Valuers Act Cap 532 Laws of Kenya which requires that a duly
authorized valuer be engaged in making cost valuation of assets.

5.5 Other laws related to Protection of Vulnerable Individuals and GBV

5.5.1 Sexual Offences Act 2012

113. The act makes provision for the prevention and protection of all persons from harm
from unlawful sexual acts. Section 15, 17 and 18 are mainly focused on sexual offenses
on children and young members of the society.

5.5.2 Children Act 2012

114. The Act of Parliament makes provision for parental responsibility, maintenance,
guardianship, care and protection of children and gives effect to the principles of the
Convention on the Rights of the Child and the African Charter on the Rights and Welfare
of the Child and for connected purposes.

5.5.3 Labour Relations Act No. 18 of 2018

115. This is an Act of Parliament that consolidates the law relating to trade unions and
trade disputes, to provide for the registration, regulation, management and
democratization of trade unions and employers organizations or federations, to promote
sound labour relations through the protection and promotion of freedom of association,
the encouragement of effective collective bargaining and promotion of orderly and
expeditious dispute settlement, conducive to social justice and economic development and
for connected purposes. The act offers protection to employees to participate in trade
union activities and section part 9 provides for adjudication of disputes in a fair and
transparent manner.

5.5.4 Matrimonial Property Act, No.9 of 2013

45
116. The act stipulates on the procedures for the ownership of property among spouses. It
holds that a spouse shall not, during the subsistence of the marriage, be evicted from the
matrimonial home by or at the instance of the other spouse except by order of a court. It
further provides that a person who professes the Islamic faith may be governed by Islamic
law in all matters relating to matrimonial property.

5.5.5 Constitutional Provisions for Disability in Kenya

117. Article 55 the Constitution of Kenya 2010 requires that the State to take measures,
including affirmative action programmes, to ensure that youth, persons with disabilities,
minorities and marginalized groups have access to relevant education and training,
opportunities to associate, be represented and participate in political, social, economic and
other spheres of life; access employment; and to be protected from harmful cultural
practices and exploitation

5.5.6 Gender Based Violence

118. Many laws have been enacted in Kenya to protect people from gender-based violence.
These include: The Protection against Domestic Violence Act, 2015 is meant to provide
for the protection and relief of victims of domestic violence; to provide for the protection
of a spouse and any children or other dependent persons. No person shall be subjected to
economic, emotional, verbal and even psychological abuse. The others are The Marriage
Act which governs all marriages contracts in Kenya and the Counter-Trafficking in
Persons Act.

5.5.7 Implication of the Legislation to Resettlement

119. The above described laws are relevant to the process of the resettlement planning as
they will come in handy to provide guidelines and safeguard the vulnerable individuals
and communities in the project area.

5.6 World Bank Safeguard Policies relating to Relocation and Resettlement

120. The aim of the World Bank Policy on Involuntary Resettlement is to avoid or
minimize the impacts of the process on people, households, businesses and others affected
by the land acquisition required by the proposed road project. The main objectives and
principles of the policy are:

a) Involuntary resettlement should be avoided or minimized where feasible, exploring all

viable alternative project designs. For example, realignment of roads to significantly
reduce resettlement needs.

b) Where displacement is unavoidable, resettlement plans should be developed. All

involuntary resettlement should be conceived and executed as development programs,
with PAPs provided with sufficient compensation, investment resources and
opportunities to share in project benefits. The policy direct that displaced persons
should be:
 Compensated for their losses at full replacement cost prior to the actual moving
out.

46
  Assisted to move and supported during the transition period in their settlement
site.
 Assisted in their efforts to improve their former living standards, income earning
capacity, and production levels, or at least to restore them. Particular attention
should be paid to the needs of the poorest groups to be resettled.
 Fully be involved in the planning and implementation of the resettlement process.
Appropriate patterns of social organization should be established, and existing
social and cultural institutions of PAPs and their hosts should be supported and
used to the greatest extent possible to minimize the effect and create harmony in
the process.
5.6.1 Involuntary Resettlement OP/BP 4.12
121. The Bank's Operational Policy 4.12; Involuntary Resettlement is triggered in
situations involving involuntary taking of land and involuntary restrictions of access to
legally designated parks and protected areas. The policy aims to avoid involuntary
resettlement to the extent feasible, or to minimize and mitigate its adverse social and
economic impacts.

122. It promotes participation of displaced people in resettlement planning and

implementation, and its key economic objective is to assist displaced persons in their
efforts to improve or at least restore their incomes and standards of living after
displacement. The policy prescribes compensation and other resettlement measures to
achieve its objectives and requires that borrowers prepare adequate resettlement planning
instruments prior to Bank appraisal of proposed projects.

123. Bank experience indicates that involuntary resettlement under development projects, if
unmitigated often gives rise to severe economic, social, and environmental risks:
production systems are dismantled; people face impoverishment when their productive
assets or income sources are lost; people are relocated to environments where their
productive skills may be less applicable and the competition for resources greater:
community institutions and social networks are weakened; kin groups are dispersed; and
cultural identity, traditional authority, and the potential for mutual help are diminished or
lost. This policy includes safeguards to address and mitigate these impoverishment risks.
In the project area various vulnerable groups were identified and documented. The OP
4.12 will be triggered due to the displacement of the community members living within
the 13 settlements and amongst them there are several types of vulnerable groups. The
Proponent complies with the requirements o1 OP 4.12. The RAP study assessed project
alternatives to avoid, where feasible, or minimize involuntary resettlement by first and
foremost restricting the proposed expansion to the existing KeNHA ROW and re- design
of the road at Tarbaj and Elwak towns, to cater for by- passes and thereby minimizing
resettlement impacts.

124. Furthermore, the potential economic and social impacts of the project have been
assessed in the RAP study and summarized in this report, project-affected persons and
local non-governmental organizations, as appropriate have been consulted. PAPs have
been informed of their rights including prompt compensation at full replacement cost for
loss of assets attributable to the project: assistance during resettlement and transitional
support and development assistance.

5.6.2 Indigenous People: OP/BP 4.10

47
125. The World Bank policy on indigenous peoples, OP/BP 4.10, Indigenous Peoples,
underscores the need for Borrowers and Bank staff to identify indigenous peoples, consult
with them, ensure that they participate in, and benefit from Bank-funded operations in a
culturally appropriate way - and that adverse impacts on them are avoided, or where not
feasible, minimized or mitigated. This policy contributes to the Bank's mission of poverty
reduction and sustainable development by ensuring that the development process fully
respects the dignity, human rights, economies, and cultures of Indigenous Peoples. For all
projects that are proposed for Bank financing and affect Indigenous Peoples, the Bank
requires the borrower to engage in a process of free, prior, and informed consultation. The
Bank provides project financing only where free, prior, and informed consultation results
in broad community support to the project by the affected Indigenous Peoples.

126. The Wajir – Elwak road traverses a region inhabited by the Somali Community
(indigenous community) For this reason, this policy (Indigenous People: OP/BP 4.10) be
triggered. It is anticipated that the proponent will carry out a Social Assessment to comply
with the obligation.

5.6.3 World Bank’s Policy Regarding Cultural Properties

127. Sacred sites include but not restricted only to; museums, altars, initiation centres,
ritual sites, ancestral tombs, trees, stones, and cemeteries which are considered sacred by
the PAPs. It will also include other such sites or features that are accepted by local laws
(including customary), practice, tradition and culture as sacred. This policy will be
triggered as a sacred site situated at the starting point of the road section, several graves at
Tarbaj by-pass and mass graves at Bulla – Afya were identified. The RAP recommends
preservation of the sites and adoption and adherence to “chance find procedure” by the
contractor during the project implementation phase.

5.7 Commonalities between GoK, and the Bank Guidelines

128. One commonality of both the national and world bank procedures is intent that focus
on avoidance of dislocation of people as far as possible, when displacement of people is
compulsory, then the policy and legislations of Kenya provide for the adoption of a wider
developmental approach which seek to share the benefit of the development project with
PAPs and local communities. The principle is that development project at least should not
impoverish people by degrading the physical environment. In general, the national
policies, legislation and regulations are all consistent with the World Bank's Operational
Policies (OP 4.12) and bank procedure (BP 4.12) on involuntary resettlement and
therefore will be preferred but with reference to them. From analysis undertaken above,
the GoK, and World Bank requirements are found to converge on the following points:
(a) Avoidance of involuntary resettlement wherever feasible, and minimization of
resettlement where population displacement is unavoidable by exploring all viable
project options;
(b) Compensation at replacement cost (replacement cost of an affected asset is equivalent
to the amount required to replace the asset in its existing condition);
(c) Assistance to the affected people for relocation;
(d) Assistance to the affected people to improve their living standards, capacity for
income generation, and production levels, or at least to restore to their former levels;
(e) Participation of all stakeholders;
(f) Consultations with project affected persons at every stage;

48
 (g) Grievance redress mechanisms for project affected persons.

5.8 Differences between Kenyan Laws and the World Bank Policy

129. There are several differences between the World Bank Policy and the Kenyan laws on
resettlement and compensation. Table 43 below describes the World Bank OP.4.12 Policy
on involuntary resettlement and provided a comparison with the Kenyan legislation. To
address the ensuing gaps on Kenyan legislation, the RAP gives relevant recommendations
for adoption in the report. Further, in all cases, where there is a difference between
Kenyan law and OP.4.12, the latter prevails.

49
Table 53 : Comparative Analysis of Government of Kenya Laws and World Bank OP. 4.12 Policy Regulations with regard to the
Resettlement Process
OP 4.12 Kenyan legal requirements Comparison Gap filling Measures
General RAP requirements
Objectives:
1. Involuntary resettlement should be 1. Involuntary resettlement may be 1. The Land act 2012 does not The RAP will ensure resettlement
avoided at as much as possible / effected in the case of stipulate avoidance or minimizing issues are incorporated at the
minimized or alternatives sought implementing projects in public resettlement whenever possible. It project design stage to minimize
interest states advocates for outright resettlement
displacement if the project for
public interest
2. RAP should involve meaningful
consultation with affected stakeholders 2. Guidelines for procedures to be 2. Similar to world Bank
followed for informing affected
persons on project implications and
grievance redress are vested in the
Land act, 2012.
3. Efforts should be put in place to assist Application of OP 4.12 to
displaced in improving their livelihoods 3. The right to fair & just 3. NLC is given the leeway to make a enhance livelihood improvement
or restore them to prevailing situations compensation occasioned by determination on compensation. of PAPs to pre – displacement
relocation is provided for under the Thus, just and fair compensation is status or even better.
Land Act, 2012 not explicitly provided for.
RAP PROCESS REQUIREMENTS

Consultation & participation Adoption of both WB and

Kenyan legislation in setting up
Provision is made for the affected and Procedures for consultation with Same as WB consultation procedures involving
displaced persons and communities to be PAPs and stakeholders preserve of men, women, youth and
consulted & involved during project NLC as outlined in Land Act, 2012 vulnerable groups.
preparation and implementation

Grievance Redress Steps and process for grievance

- Appropriate and accessible GRM redress outlined in the Land Act Kenyan legislation meets WB OP OP 4.12 applied here
provided for in OP 4.12 2012 and includes alternative 4.12 requirements
dispute resolution and renegotiation
with NLC and backed by judicial
system via Environment and land
Court.
Eligibility Criteria

Definition of Eligibility

50
 - Those with formal legal rights to land Cut - off date procedures done according
including customary and traditional rights The land Act provides for recognition of Kenyan law defines eligibility as both formal to OP 4.12
recognized under the laws of the country. written and unwritten customary land rights & informal (customary). However, it does not
- Those without legal formal rights to land explicitly recognize all users of the land to be
at time of census but have a claim to such Law says those with land tenure rights are compensated
land or assets provided the claims are eligible
recognized through a process identified in
the RAP. On other hand, the Kenyan constitution
- Those who have no recognizable legal recognizes occupants of the land without
right or claim to land they occupy. titles and obligates the state to pay in good
faith
Determination of eligibility
Carry out RAP Census
Cut off date – Day census commences Land Act 2012 provides for census through Same for both regulations
NLC inspection & valuation process.

Compensation Measures Legislation provided for land for land

- Preference should be given to land-based compensation but land Act 2012 does not
stipulate preference for land for land. Cash compensation seems to be preferred
resettlement and land based livelihood The RAP provides for effective, prompt
mode of compensation by government
restoration for the PAPs whose compensation at full replacement cost.
livelihoods are land based Land Act mentions of prompt, just
compensation but so far, no definite All resettlement has been based on
- Give land compensation only in cases interpretation for the clause has been made. agreements with PAPs
where land taken is a small fraction of the
affected assets Attorney’s fees cost of obtaining legal advice Development assistance recommended in
or that incurred in making written claim not this RAP
- Provide effective and prompt in land Act 2012.
compensation OP. 4.12 stipulates that displacement does not
- Compensation and other assistance Act does not stipulate assistance for
relocation. The act provides for 15% occur before compensation
should be determined prior to
displacement disturbance

Valuation
With regard to land and structures, replacement Valuation is provided for in the Valuer’s Act The RAP has applied the WB OP 4.12 on
cost is defined as: Interpretation of just compensation is vague
in Kenyan legislation context valuation and other compensation
measures.
For agricultural land: The pre- project or pre
displacement, whichever is higher, market value of
land of equal productive potential or use located in
the vicinity of the affected land, plus the cost of
preparing the land to levels similar to those of the
affected land, plus the cost of any registration and
transfer taxes.

51
For houses & other structures: The market cost
of the materials to build a replacement structure
with an area and quality similar to or better than
those of the affected structures. , plus the cost of
transporting building materials to the construction
site , plus the cost of any labour and contractor’s
fees , plus the cost of any registration and transfer
taxes.
Monitoring Under the Land Act, monitoring can be done Both the OP 4.12 and Kenyan legislation The RAP has applied both the OP 4.12 &
under county boards calls for M&E Kenyan legislation
Adequate monitoring and evaluation of the
activities to be undertaken in the RAP
implementation process.

Categories of PAPs
OP.4.12 will apply
Land users – Entitled to compensation for crops Land act not clear on land users although in -
and investment s made on the land, livelihoods some cases they can receive some form of
compensation depending on the Full replacement cost approach
must be restored to at least pre project level
determination by NLC. adopted
Land Owners – Compensation based on
replacement cost Compensation based on current market value
of land The RAP has applied in kind
Owners of temporary buildings Entitled to in compensation and cash compensation
kind compensation or cash compensation at full The constitution of Kenya 2010 respects the including labour and relocation prior to
replacement cost including labour and relocation right to private property and incase of displacement
expenses prior to displacement. compulsory acquisition just compensation
must be granted to the owner for the loss of
temporary building occupancy in good faith.
Owners of permanent buildings: Entitled to in RAP has adopted compensation at full
kind compensation or cash compensation at full The constitution of Kenya 2010 respects the replacement including labour & relocation
replacement cost including labour and relocation right to private property and incase of expenses.
expenses prior to displacement compulsory acquisition just compensation
must be granted to the owner for the
permanent building Compensation and livelihood restoration
to pre – displacement level.
Formal / Informal traders /Businesses/ Mobile Not specific on livelihood. The constitution
traders: Compensation and livelihood restoration says some payment may be advanced in good Also included period not actively in
to pre displacement level. faith. business.

In the case of differences between Kenyan laws and World Bank operational policies OP 4.12, the latter will prevail.

52
 CHAPTER SIX

6 PARTICIPATION AND CONSULTATION

6.1 Introduction

130. The major reason for public participation and consultation is to accord the
Stakeholders and PAPs to influence and provide control over initiatives affecting them
directly and indirectly. It is a regulatory process by which the public's input on matters
affecting them is sought and its main goals are in improving the efficiency, transparency
and public involvement in large-scale projects. The participation of persons directly
affected by projects is a prerequisite of the Kenyan Government and World Bank Policy,
which Establishment of a systematic approach to stakeholder engagement that will help
Borrowers identifies stakeholders and builds and maintain a constructive relationship with
them, in particular, project-affected communities. Additionally, PAP involvement
increases the probability of successful resettlement and ensure the documented views of
the PAPs are integrated into the resettlement measures and strategies.

131. The RAP review shows that consultation with stakeholders has been continually
undertaken and commenced during the preparation of the Environmental and Social
Impact Assessment (ESIA) and RAP preparation in the periods ranging from 26th
February to 1st March 2018 and unspecified dates in the month of March 2019 when the
design consultant commenced work. The following tables provide a summary of the
public consultation sessions carried out by the design consultant:

Table 54 :Stakeholder Engagement Undertaken by Design Consultant

Settlement Type of Purpose of Meeting No. of Attendees
meeting
Male Female Total
Wagberi Public Consult with the Community N/S (Not N/S 60
meeting members on RAP process Stated)
Lafaley Public Consult with the Community N/S N/S 83
meeting members on RAP process
Tarbaj Public Consult with the Community N/S N/S 35
meeting members on RAP process
Hungai Public Consult with the Community N/S N/S 24
meeting members on RAP process
Wargadud Public Consult with the Community N/S N/S 38
meeting members on RAP process
Kotulo- Public Consult with the Community N/S N/S 32
Wajir meeting members on RAP process
Elwak Security To debrief security departments in 14 1 15
Meeting Elwak on the project, its scope and to
arrange for security for the study
team along the 6 settlements.

53
Settlement Type of Purpose of Meeting No. of Attendees
meeting
Male Female Total
Public To sensitize the host community on 76 31 107
Participation the project, its merits, the processes
Meeting to be followed and to gain their trust
& social license to operate.
Grievance The proposed bypass if designed 44 20 64
Address immediately adjacent to the town
Meeting was going to leave a lot of people,
mostly vulnerable low-income
earners displaced. This meeting was
to request the study team to redirect
the bypass to slightly further away
from the town where it is entirely
undeveloped land
Focus Group To understand their concerns as the N/S N/S N/S
Discussion youth and their sentiments on the
(Youth) proposed road project and how it will
affect them and their
recommendations.
Council of To clarify to them about N/S N/S N/S
Elders compensation and to allay their fears
on the same.
Borehole Introduction To sensitize the host community on 50 0 50
11 / Public the project, its merits, the processes
Participation to be followed and to gain their trust
meeting & social license to operate
Grievance They wanted the alignment to be 50 0 50
Address realigned to avoid encroaching on the
Meeting mosque, health centre and school
fences.
Focus Group To gain insight about their own 0 14 14
Discussion perception of this road project and its
(Women) impact on them.
Daba-city Introductory To sensitize the host community on 40 0 40
& meeting the project, its merits, the processes
Garsesala to be followed and to gain their trust
& social license to operate
nd
Settlements 2 Public To further clarify to them about the 40 0 40
located on Participation need for the enumeration process, its
opposite meeting modalities and what was required of
sides of the them during the process.
proposed
RoW.
Dimu Public To sensitize the host community on 20 20 40
Participation the project, its merits, the processes
meeting to be followed and to gain their trust
& social license to operate

54
Settlement Type of Purpose of Meeting No. of Attendees
meeting
Male Female Total
Kutulo Introductory To sensitize the host community on 50 1 51
meeting the project, its merits, the processes
/Public to be followed and to gain their trust
participation & social license to operate
meeting
Group As the head of the households in 40 1 41
Discussion Kutulo since this is a Muslim
(Men) oriented community where most
households have a husband and his
wife/ves it was important we discuss
with them about the project to gain
insight especially on the grave sites
in the community.
Grievance To agree on the modalities of a 13 1 14
Address verification process to verify and
meeting ensure everyone along the right of
way that was/is a PAP is enumerated
and that the correct details were
taken down

132. The detailed outcome of the consultations has been provided in the Annex C of the
updated draft RAP report. Owing to the need to provide pertinent information regarding
the reclassification of the project road from category B upon which the previous RAP
study was based to the present Category A status, further extensive community
stakeholder consultations were held in the Project area. The consultations were critical in
creating awareness of the project sub - components and the likely significant adverse
social impacts of the implementation activities on the community.

133. The objectives of further Community and Stakeholder consultations were to:
a) Present and determine acquaintance by members of the community on project
implementation activities and potential adverse impacts on community members and
project area.
b) To present accurate information and facts regarding the project.
c) Engage with the interested and affected members of the community about project
benefits, anticipated problems and challenges and how these can be solved.
d) Identify the expectations of the community and fears regarding resettlement and
compensation.
e) Obtain knowledge on the Socially and culturally acceptable resettlement and
mitigation measures.
f) Accord further opportunity to all PAPs to raise emerging concerns pertaining to the
road construction project.
g) Carry out further identification of vulnerable social groups and individuals requiring
recognition and special support.
h) Identify community facilities and common assets likely to be affected.
i) To establish and enhance broad support for the road project by the community
members and other stakeholders.

55
6.2 Stakeholder Engagement in the Resettlement Planning Process

134. The RAP Review team conducted intensive public consultation in the project area with
a view to ensuring that all outstanding and emerging concerns regarding the road project
and resettlement issues were brought up and openly discussed.

6.2.1 Stakeholder Engagement Plan/ Participation Strategy

135. The strategy adopted for public stakeholder consultation entailed the following key
features:
a) Entry into the Resettlement Study Sites.

RAP team obtained letter of introduction of consultants from KeNHA and proceeded
to the two (2) Counties affected by the road project. The County Commissioners for
Wajir and Mandera in conjunction with the relevant Deputy County Commissioners
convened meetings at their respective offices to put in place strategies for consultants
to access settlement sites. This was followed by subsequent meetings at Wajir central,
Tarbaj, Kotullo (Wajir), Kotullo (Mandera) and Mandera South Sub – counties in
which consultative and planning meetings with all Chiefs and Assistant Chiefs were
held paving way for actual RAP field activities in the thirteen (13) settlement situated
along the road alignment. During the meetings, the local Administrators and
consultants’ team designed a programme to guide the RAP Study activities in the
various settlements. The same procedure was followed in accessing the County
Government officials.

At the settlements, initial meetings were conducted by the chiefs to introduce the
consultants’ team and explain the purpose of the RAP activities to the elders and other
community leaders. The consultants’ team member responsible for mobilization
worked hand in hand with the local settlement leadership to mobilize community
members.

b) Stakeholder Identification and Analysis

Prior to commencement of the RAP Study, the RAP review team conducted a
stakeholder Identification. The identification of stakeholders was done by using a
stakeholder identification criterion based on the categorization of stakeholders into
two categories:

- Primary stakeholders (Those that will be affected directly by the Road Project
and mainly reside within the settlements and towns along the road alignment)

- Secondary Stakeholders (Those that are in charge of institutions and

government offices tasked with provision of welfare services to local project
area residents and involved in decision making and administrative
responsibilities)

Primary Stakeholders:

All local community members residing in the settlements

56
 Land owners and herders
Structure owners
Business owners / Operators
Religious leaders / Institutions
Learning Institutions

Secondary Stakeholders

National Government Administration officers

County Government administration officers in charge of diverse portfolios
such as Land, Roads & Transport, Trade, Agriculture, Forests etc.
Land committee officials / Officers.

c) Medium and Channels of Engagement

For the community members, Public meetings, FGDS and KII were arranged and held
at the respective settlement venues for conducting public meetings either in a Dash or
under a tree. The translation was done so that the PAPs could receive the information
in local language (Somali). For institutional level stakeholders, meetings were held in
English language in the respective offices. Applicable tools and Learning / Visual aids
such as project Maps were displayed during the meetings and consultation sessions.

d) Schedule of Stakeholder Engagement Activities

The scheduling of all the stakeholder engagement activities at all settlement sites was
planned in a participatory manner. First the RAP study team convened planning
meetings at the Sub County Headquarters. Under the chairmanship of the Deputy
County Commissioners’ and assisted by the Assistant County Commissioners (ACC),
dates for the activities at the settlement were fixed as guided by the area chief. The
chief was then tasked with the responsibility of consulting the viability of the agreed
dates and confirm on deliberating with the elders and members of the community.

6.2.2 Stakeholders and Community Members Consulted

136. The RAP Review team undertook comprehensive discussions with the relevant
Government and public agencies to obtain pertinent information necessary for efficient
planning and effective execution of the RAP review. The meetings were held with
National and County Government Administration officials.

137. A total of 13 Public meetings were held at the settlement sites, followed by FGD
sessions with the elders, women and youth separately in each of the settlement towns. The
stakeholder engagement activities were held as shown below:

(i) Institutional Stakeholders & KII

Table 55 : Institutions Consulted During the RAP

Date Stakeholder Consulted Venue
27.12.18 County Commissioner, Wajir C.C Office, Wajir Town
27.12.18 CEC – Road – Wajir County Wajir County Hqs

57
27.12.18 Deputy County Commissioner Wajir Town
Tarbaj
28.12.18 Deputy County Commissioner, Wajir D.C.C Office
East
28.12.18 Director- Social Development and Mandera County Office
Gender – Wajir county
30.12.18 National Museums of Kenya NMK – Wajir Town
Chief – Wagberi Location Chief s office – Wajir Town
30.12.18 OCS – Tarbaj police station OCS Office – Tarbaj Town
2.2.19 Chairman- Wajir County Land Wajir Town
Tribunal
3.2.19 Coordinator – NLC Wajir county Wajir Town
2.2.19 County Land Surveyor - Wajir County offices - Wajir
1.2.19 CEC – Lands – Wajir County County Headquarters, Wajir
Government Town
3-2-19 Chief – Halane Location Chief’s office – Wajir Town
12.04.19 ACC- Mandera South - Sub County DCC Office – Elwak Town
12.04.19 OCPD – Mandera South Elwak Police station
14.04.19 Sub – County Social Dev. Office
14.04.19 DCC – Kotulo (Mandera) Sub DCC Office – Kotulo Town
County
14.04.19 OCPD – Kotulo Sub County OCPD Office – Kotulo Town

(ii) Public Meetings

Table 56 : Table 46: Public Meetings During the RAP
Date Venue No. of Participants
Men Women
01.02.19 Wagberi 16 07
01.02.19 Halane 12 10
29.12.18 Lafaley 08 10
28.12.18 Tarbaj 67 24
1.01.19 Hungai 18 12
2.01.19 Wargadud 22 12
03.02.19 Kotulo (Wajir) 14 09
14.04.19 Kotulo (Mandera) 32 16
13.04.19 Dimu 08 06
14.04.19 Dabacity 12 08
14.04.19 Garse Sala 14 10
14.04.19 Borehole 11 23 12
12.04.19 Elwak 48 21
Total 294 157

(iii) Focus Group Discussion Sessions

Table 57 :Focus Group Discussion Sessions During the RAP

Date Venue No. of Participants
Men Women
01.02.19 Wagberi 10 08

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01.02.19 Halane 10 12
29.12.18 Lafaley 14 09
3.02.19 Tarbaj 14 10
1.02.19 Hungai 12 12
2.02.19 Wargadud 10 08
14.04.19 Kotulo (Mandera) 10 10
14.04.19 Dabacity 08 08
14.04.19 Garse Sala 10 12
14.04.19 Borehole 11 14 10
12.04.19 Elwak 18 16
Total 130 115

The photographs of all the consultation sessions are shown in Annex F in the appendix.

6.2.3 Community and Stakeholder Concerns and Views

138. This subsection provides the summary of views expressed by the Community
Members and other stakeholders during the consultation sessions in the project area. The
key issues are first generally outlined together with the responses provided by the
Consultants where applicable. This is followed by a summary of issues raised according to
settlement and how the RAP has addressed the issues raised.

6.3 Key Issues Raised and the Responces during the RAP Process.

139. Various issues were raised by the PAPs and other members of the community during
the consultation meetings. They included:

Table 58 : Summary of Issues and Response Matrix during the RAP

Issue Response
When will the Road project commence? The commencement date for the Wajir – Elwak
section is not yet known. However, once this is
determined, the information will be communicated to
the communities and all stakeholders in a timely
manner.

All people are poor and depend on the The process of preparation of the project is done
meager businesses when the demolitions according to the laid down procedures according to
will be done people will be condemned to the Kenyan law and World Bank applicable policies
more poverty. How will this be avoided to on resettlement. The regulations work in the interest
help the people affected? of the communities that are recipients of the project
financed by the bank. The rules will, therefore,
safeguard the PAPs from experiencing any undue
suffering and that is why demolitions and requiring
the people to give way for the project will be done
only after compensation settlements have been made.
What plans are there to pay people for the The RAP process is meant to facilitate the careful
loss of land and houses? assessment of losses and other impacts and mitigate
these accordingly. However, as explained in the
consultations, the compensation will be for the loss
of structures, livelihoods and community facilities.

59
How will KeNHA determine what amount The consultant valuer has explained the method for
of money is to be paid for the houses to be determining the value to be paid for each property or
demolished? set of properties lost. These will serve as the
guidelines for compensation. The valuations will be
assessed by NLC at full replacement rates that caters
for a disturbance allowance and livelihood
restoration.

How will the local people be assured of the The regulations have clearly stipulated that local
participation in the road construction and people will be given preference in all skills and
not give all jobs to people from other parts commodities available for use in the construction of
of the country? the road project. Those from outside will be
considered for opportunities where such skills are not
available locally.

There are people who are helped by their This category of PAPs qualify for considerations and
relatives to live in their houses because they will be listed down as part of PAPs.
cannot afford shelter to live and do
business. Will they be considered?

Some people have used their money to buy The compensation for loss does not put into
land which is now expensive and the bypass consideration land as the land in this locality has not
is taking the land. How will they be been adjudicated so as to be categorized as private
considered for this loss? land. However, due to many instances of this nature,
the concern has been documented and will be
presented. NLC will make a determination at
implementation.

There are some people who were in the Those PAPs who were not captured in the previous
bush and were not counted in the census, session will be included so long as the property in
how will they be considered? question meets the requirements set out in the cut –
off date. The previous RAP census captured the
property and corresponding values and their identity
and other relevant particulars will be included in the
RAP Report.

Will the affected people be given enough The PAPs will be provided with enough time to
time to move out of the Road wayleave? salvage their property and relocate away from the
ROW. They will be given one -three months’ notice
to vacate.

Will the people who have rented shops from Traders are considered as tenants and if the
owners to do business be compensated. requirement to relocate will affect their businesses,
they will be compensated for loss of livelihoods on
the basis of the applicable World Bank safeguard
policy OP 4.12.

6.3.1 Summary of Issues and Concerns Raised in the Social Assessment related to
Resettlement with the Vulnerable and Marginalised Groups Under OP 4.10

140. During the Social Assessment, through the Free Prior and Informed Consultations that
led to Broad Community Support of the Project. The VMGs raised a lot of concerns
relating to land acquisition and resettlement as highlighted in the table below:

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Table 59 : Issues raised in Consultations and Responses in the Social Assessment
Issue Response
What will happen if someone’s property is All property that will be affected will be captured in the
along the road? Resettlement Action Plan (RAP).

The National Land Commission (NLC) will verify and

validate the affected persons and the affected assets for
compensation.

Payment will then be made after valuation and based on

replacement cost.

Who will be compensated? The RAP will identify all the physically and
economically displaced persons who will be entitled for
What process will be used to identify PAPs compensation based on PAP category at replacement
who will be compensated? cost. At implementation, the NLC will verify and
validate the PAPs and the assets for compensation.

What is the correct size of road and will The road size is 60 metres wide and any encroachment
compensation be done on affected persons outside the 60metres into private land will be fully,
whose land would be encroached by the fairly and justly compensated.
expansion of the road.

Community Benefits The government will ensure that locals benefit from
employment opportunity provided by the project
How will local communities’ benefits from particularly unskilled labour will be sourced locally.
the project?
KeNHA will work with the contractor in designing a
Will the local community be given an supply chain framework where locals will be as part of
opportunity to supply materials to the road local content given opportunities to supply materials
project?

Timing of Compensation Compensation will be done before the project

commences.
When will compensation be made?

Design and Safety

The economy of the population is largely More space will be created on the pavements and the
dependent on small-scale businesses road in town widened to facilitate boda boda
including boda bodas (passenger motor motorcyclists. The design has factored this plus
cycles) and there is need to incorporate pedestrian use where necessary.
them on the design to reduce the number of
accidents.

Cultural Concerns This is noted and will be communicated to the engineers

In Tarbaj, the new area picked for the road with the need for re-alignment emphasised.
has a cemetery. Our religion does not allow
us to exhume bodies.
Compensation Process and Mode KENHA will make payments through National Land
Commission (NLC). Payments will be made to Project
What will be the mode of payment free of Affected Persons’ (PAPs) bank accounts. This is
corruption? expected to limit cases of corruption.

Entitlement for PAPs Yes. Disturbance allowance of 15% of total valuation of

61
Issue Response
assets will be factored in the compensation package to
Will Government factor in a disturbance settle inconveniences caused by resettlement process.
allowance due to inconveniences caused by
resettlement?

Legal Framework The Constitution of Kenya 2010 and Lands Act 2012
vested powers of Compulsory Acquisition on the
What is the legality of compulsory land government, NLC in particular, to compulsorily acquire
acquisition? land for development with just and fair compensation at
market rates.

Table 60 : Summary of Outcome of the PAP Consultation of the Social Assessment

Anxiety, Fears, Concerns and Uncertainties
Issues Response
What will happen to those people whose land will They will be compensated for their loss of land.
be taken?

We do not know much we are going to receive in All PAPs will be compensated based on the
compensation payment for loss of assets results of the valuation which will be undertaken
using replacement cost through NLC.

What will happen if the cash compensation turns A grievance redress mechanism will be
out to be inadequate to replace lost assets – let established with PAPs represented to handle
alone restoring lost income and livelihoods, grievances arising from compensation.

We do not know the dates when compensation All PAPs will be informed in advance at least 3
payments commence? months.

How will we know that our affected land and Valuation exercise will be conducted in a
property is measured accurately and recorded or transparent manner with all PAPs present and
registered appropriately? Some affected property explanation on the valuation process provided for
is not registered by oversight. What are the each PAP. Errors made will be resolved through
chances for correcting mistakes in registration of the grievance committees.
affected property?

Preferences and Demands

Issues Response
We want to be given first priority for the jobs that The Project will offer jobs (especially unskilled)
will be available during road construction. to the people for the project area.

We do not want to lose our kinship ties and social This is noted
networks. If we receive timely and adequate
compensation, we can relocate ourselves and
reintegrate into existing communities.

We need provision for transportation expenses This is noted. The RAPs prepared for the project
during relocating our property. has provided for allowances including
transportation of VMGs and their assets.

62
We demand that all PAPs are embraced in the This is noted
various food security programmes currently
underway in the area.

We demand that compensation payments are Compensation will be made before project
made as soon as possible. construction commences.

Please, commence the civil work as soon as Civil work will only commence when all PAPs
possible. have been compensated.

Those of us who use land given to us by our This is noted and the project confirms that all
parents or inherited from them demand those VMGs with customary or formal land
compensation payment for lost land, though the ownership are entitled to land compensation in
title of the land is in our parents’ names. accordance with the Land Act and OP. 4.12.

We trust that all affected property are included The RAP will value all the assets in the project
and registered accurately. affected area.

The people who will come to work for the project Noted.
should be sensitized on our culture and respect us.

Expectations, Hopes, Aspiration and Needs

Issues Responses
Given very poor availability of social service The project has a social investment component
facilities in our area, we ask the government aimed at providing services like water and
(project) to provide support to the construction roadside amenities including market centres,
and or maintenance of such facilities as public internet connections among others.
health, veterinary clinics, schools, potable water
supply and electricity.

Benefits and Appreciation

Issues Responses
The road component will open up opportunities Thank you
and improve access to markets and services. We
are rather lucky that the road cuts across our
neighbourhood.

Questions and Clarifications

Issues Responses
What are the plans for family graves that will be Graves will be moved in accordance with the
affected? local customs and practices to new gravesites and
compensation will be provided for as per the RAP
prepared.

What about the indirect impact of the road The project has prepared Environmental and
component on farmers residing close to it? They Social Impact Assessment report for the proposed
will be affected adversely by dust, noise and road upgrade and construction related impacts
rolling stones during civil works. including dust, noise among others have been
addressed in these reports.

63
Who are the people nominated to do the property Valuation is done by independent consultants and
valuation? later by National Land Commission.

What are the procedures put in place to effect Compensation will be done through cheques to
compensation payments? the account of the PAPs. All PAPs will be
requested to open a bank account.

64
Table 81: Town / Settlement Specific Issues and how RAP has Addressed the concerns
Date Venue Issues Raised How issues responded to / addressed by RAP Review

3.2.19 Office of the Chief 1. There were plots with marks X 1. The Marks were effected during the design and preparation for the
– Wagberi Location on them and they have not been current tarmac road by the County government of Wajir. The road
affected by the current RAP as presently situated is outside KeNHA right of Way. Therefore,
study. those properties that were marked X will not be affected in the
current RAP study. However, since the road alignment is way
beyond 60M required for the road, the RAP has recommended a
redesign at KM 1+600 to 2+500 to minimize resettlement
impacts.
2. There are many trees to be
destroyed and this area is semi – 2. The project preparation has included an ESIA study to determine
arid and this will affect the lives the extent of environmental & social impacts and provide
of the people. appropriate mitigation measures. The RAP study has also taken
consideration of the necessary safeguard measures to minimize
impacts on culturally sensitive areas and community facilities.
There have not been any such sites that have been impacted
directly along the Road project. In case of trees, valuation will be
done and appropriate compensation made. The RAP has also
recommended that CSR activities be carried out including
planting of trees in markets and other public institutions
3. Most people sold their livestock
to invest in land and it is not 3. The RAP Study has considered the complaint and provided an
being compensated appropriate recommendation which requires further consultation
with the County Government on this matter.
4. During the construction of the 4
KM Tarmac, the noise affected 4. The EIA has recommended restriction on working hours during
children at night. construction period.

65
29.12.18 Lafaley Market 1. There are divorced women in the 1. The RAP has captured and documented all vulnerable individual
settlement. How will they be in the census and socio – economic study. The RAP has
assisted during the resettlement recommended special considerations for this category of PAPs.

2. There is a community borehole 2. The RAP study has consulted with the borehole committee
affected. chairman and taken up its wishes for compensation.

3. The Location does not have an 3. The RAP has documented the suggestion for assistance to put up a
office for the Chief, will there be chief’s office during the project implementation and this will be
assistance. given preference in CSR activities.
28.12.18 Tarbaj D. C’s 1. The Road project should be 1. The RAP has informed the road design as per the wishes of the
Compound concentrated on the by- pass and community. The spur has been limited to only 40 M ROW, hence
leave alone the town as it is. minimizing resettlement. The by – pass has been designed to route
the road out of Tarbaj town.
2. The fence at the Administration
Police Headquarters has been 2. The RAP has considered the special request and Consultant has
affected. The fence is newly documented the wishes of the institution on assistance with a
constructed and was donated to perimeter wall and a metal gate during the construction phase of
the institution. the project.

3. The Tarbaj Mosque (structure) is 3. The RAP has documented the affected structures and assigned
not affected but the “Mabati” monetary values for compensation. It is recommended that during
structures fronting the institution the construction phase, the institution will work with the
will be demolished. These are a contractor will consider the rehabilitation of the front fence and
source of income to the mosque put up a fence to safeguard the Mosque.
and finance its activities.

4. There are many surveys done and 4. The RAP team has held four consultative meetings at Tarbaj
people have high expectations on Town and elaborated on all issues raised with regard to the road
Road. project.

66
 5. There are several shallow wells
which have been useful to the
community during drought and 5. The RAP valuation has documented the resources and assigned a
famine and are affected. value for compensation. In addition, the project will consider
replacement of community assets in kind with bigger and better
6. There was no consideration for facilities.
livelihoods especially on traders
who have rented structures or 6. The RAP has included loss of businesses and considered those
trading on the roadside. working on verandahs subject to provisions of the cut – off date.
2.1.19 Wargadud Market 1. The demolitions should be done 1. The RAP principles provide for compensation and notice to the
after compensation to the owners PAPs prior to project implementation.
of the affected shops.

2. There are several families with 2. The RAP has documented these among PLDs as vulnerable
children with mental retardation individuals and families.

2.2.19 Hungai 1. The community will not allow 1. The RAP observes World Bank Environmental & Social
anything that goes against their framework standards (EHS 8) obligation to recognize and observe
religious beliefs (Islam) both tangible and intangible cultural heritage and protect various
aspects such as religion from adverse impacts of project activities
and support its preservation. The RAP has documented the views
of the community on religious obligation and the need for
“others” involved in the project preparation and implementation to
tolerate the community’s expectation on religious practices.

2. The previous RAP study 2. The RAP review has taken into consideration the fences and even
excluded live fences from partial loss of perimeter walls.
valuation.
3.2.2019 Kotulo (Wajir) 1. There were farms that were not 1. The RAP Review has verified and in this case the land claimed to
captured during the census and be farm is not utilized for agricultural production but open
survey. rangeland.

67
 2. There are property owners who 2. The RAP consultant in close collaboration with the chief have
reside in Wajir town and were identified the genuine property owners and are updated the
excluded in the previous RAP valuation roll. The letter indicating the correct names of the PAPs
census. in included in Annex D

14.4.19 Kotulo (Mandera) 1. There are several PAPs that were 1. The RAP Review has verified and included the deserving PAPs.
left out in the enumeration.

2. The Town administrator raised 2. The RAP review consultant has consulted both the central
the concern that County government and county government offices relevant to the
Government has not been resettlement issues. The participation of the Town administrator in
involved. the consultation meeting at Kotulo market is part of the process.

3. The people were not engaged 3. Further engagement has been carried with the administrators,
adequately in the RAP process as community members and PAPs and all issues have been clarified
the consultant operated mainly to the satisfaction of the community and local leadership.
from Elwak town.

14.4.19 Dimu 1. The work was hurriedly done in 1. The RAP Review team has carried out further meetings with the
October 2018 and no one gave community and responded to concerns. However, as not many
the opportunity to the people to people are affected, the PAPs are satisfied with the actual
make inquiries. valuation and other RAP procedures.

15.4.19 Dabacity & Garse 2. There are Two PAPs left out of 2. The RAP Update has verified and the concerned households are
Sala enumeration and yet they were outside the 60 M ROW.
supposed to be enumerated.

68
13.4.19 Borehole 11 1. The destruction of the Kiosks 1. The RAP has recommended compensation and provision of
will lead to destitution as these adequate notice to PAPs prior to road project commencement.
are the sources for the education
of the community’s children. 2. There is also the recommendation of the establishment of a
designated market in the town to accommodate a large number of
PAPs who will lose kiosks currently used for trading.

12.4.19 Elwak town (Bulla 1. There are two mass graveyards at 1. The RAP review consultants have done careful verification and
afya, Elwak South the end of the road section at the graveyards are out of the 60M ROW, however, a “chance
& Town) Bulla afya. find” procedure has been recommended to be adopted during the
project construction phase.
2. The senior chief raised the
concern that there is a 2. The RAP Review has documented the community as a vulnerable
community settled in Elwak group and recommended entitlements and special considerations
south in the place called “Wajir”. to the group during resettlement.
The members of this community
is made up of people settled here
by the County Government of
Mandera following their
displacement arising from
conflict at the Wajir/ Mandera
border.

3. The community members 3. The RAP Review has consulted with the community members and
requested that three different their local leaders and guided on the composition criteria for use
committees be formed for the to form GRC’s as per their aspirations. Three separate GRMC
separate locations i.e. Bulla Afya, have been formed for Elwak Town.
Elwak South and Elwak Town.

69
6.4 Consultation With Other Stakeholders

141. This category of stakeholders consists of both Public and Private / Non –
Governmental institutions that were consulted in the project area due to their relevance in
dealing with Social Development, Community improvement and rehabilitation and
cultural heritage and its preservation in the Project area. The institutions are major
stakeholders in working towards strengthening the resilience of the most vulnerable
populations in the project area and participates actively in the elimination of food
insecurity, supporting regional peace, drought management and conflict reduction. The
table below summarizes key issues raised and RAP recommendations for adoption during
project preparation and implementation.

Table 82 :Public and Private Governmental and NGOs Consulted

County Institution Issues Raised Measures included in RAP

Wajir NMK - The project area has - Collaboration with NMK in all
numerous cultural and initiatives in the treatment of
historical resources cultural property during RAP
and project implementation in
- There are exhibitions in the the project Area.
museum which display the
cultural traditions of the
project area.

- The road project will open up

the northern Kenya for
tourism activities.

- The Curator is the custodian

of the region’s cultural
resources such as Yahud
dam, Waggalla massacre site
and the Orahey wells.

70
Wajir WASDA - Sexual gender-based violence - The RAP has highlighted the
is a challenge in the project issues of GBV, extensive
area, and all development involvement and enhancing the
partners should have a strong participation of all PAPs and
focus on the problem community members in the
resettlement process. An
- There is need to come up independent GBV expert to be
with community dialogue recruited for the assignment.
sessions on natural resources
management in the project
area.
- Risk assessment is a part and
- Risk assessment activities parcel of the project monitoring
should be conducted on and evaluation and this
benefits of the projects. component should be
emphasized during project
implementation.
Mandera Mercy - Peace is critical for - The RAP has identified and
Corps community development documented the vulnerable
initiatives. components of the population in
the project area.

- Restoration of community - Livelihood restoration has been

livelihoods should target incorporated into the entitlement
marketing systems for matrix in the RAP. It is
pastoralists. recommended that the
restoration of livelihoods be in
- There is need to enable consonance with local economic
communities to practice and cultural conditions and
diversification. mutually agreed with the PAPs.

- Protect young people by

prioritizing them for youth
employment.

- Women are the most

vulnerable members of the
community in the project
area.

Wajir/ ALDEF - The community CSR by the - Livelihood restoration is a major

Mandera proponent should consider aspect of the resettlement
livelihood restoration, planning.
humanitarian aid such as
water trucking and shelter. - The RAP has identified
vulnerable PAPs during the
- Educational institutions will study
benefit during road operation
stage.

- Women empowerment will

be a major benefit accruing
from the project.
Mandera ACTED - The road project will - The RAP has outlined the
promote peace in the region positive and negative outcomes

71
 of the project and provided
- Ensure provision of adequate mitigation for dealing with
economic stimulating negative outcomes.
facilities to enable the
community to benefit.
Mandera Habiba - The project will enable the - The project will lead to positive
members of the community benefits for the area.
to practice other forms of
income generation. - The RAP has provided
mitigation measures for tackling
- The road project should the negative outcomes of the
engineer the growth of local project.
markets and not only serve as
gateway to other countries.
- Consideration special
facilities for vulnerable
groups in the project area.

6.5 Consideration Of Stakeholders Views In RAP Preparation

142. Public participation by the stakeholders and members of the community has
contributed to obtaining the views of the PAPs and Project area residents on their
aspirations and wishes pertaining to project design, implementation, and operation. The
participants have provided views on RAP preparation. All the above have been considered
in the Resettlement process. The considerations include:
- Providing for bypass roads at Tarbaj and Elwak towns.
- Provision of alternative markets, equipped with stalls to accommodate as many traders
to be displaced along the ROW.
- Compensation be considered in cash terms.
- Identification of vulnerable
- Identification of contentious issues and determination of resolution mechanisms.
- Communication in public forums using the local language. In case of the need for
interpretation, an interpreter comes in handy for this purpose.
- Consultation with separate population groups (Men, Women and Youth) in conformity
with cultural expectations of the community.

143. In addition, the Public stakeholder consultations have aided in the management of the
public expectations regarding the magnitude of the impacts of displacement, resettlement
assistance, the timing of resettlement activities and free flow of information between the
project preparation team, stakeholders and PAPs.

6.6 Community Members’ Alternative Resettlement Measures

144. The members of the community were provided with information on alternative
resettlement measures available to them. These included:
 In-kind compensation for common properties.
 The majority of the PAPs were warry of the loss of income during the period of
relocation of business enterprises. The consultant provided information concerning the
compensation for livelihoods lost at this particular moment.

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 CHAPTER SEVEN

7. ELIGIBILITY CRITERIA
7.0 Introduction
145. This section describes the definition of displaced persons and the criteria for
determining their eligibility for compensation and other resettlement assistance. The
relevant cut – off dates applicable to the settlement sites are provided as well.

7.1 Principles Guiding Eligibility for Compensation

146. Section 40(4) of the Kenyan constitution provides for compensation to be paid to
occupants in good faith for land and other property acquired for the implementation of
public infrastructure. According to WB OP.4.12, Land and other property owners need to
be identified and the extent of their rights clarified. It is also critical that they are aided to
understand the value of their property. OP 4.12 (Para. 13) requires resettlement plans or
policy frameworks to ensure that those who are displaced are informed of their options
and their legal rights and that they are consulted regarding feasible alternatives to the
proposed resettlement.

147. The compensation for the RAP will derive its guiding principles from the Kenyan
legislation and the World Bank OP 4.12 Procedures on voluntary resettlement. The
eligibility for compensation/ displacement for displacement elucidates who is entitled to
receive compensation and vice versa, which losses of property/assets/income are
compensated and what evidence is relied upon in order to support a claim for
compensation.

7.2 Eligibility for Compensation

148. The eligibility for compensation is based on:

 Cut-off date
 Ownership of property / Assets
 Derivation of livelihood

7.2.1 Eligibility and Cut - off Date

149. In this RAP, an eligible or displaced PAP is the affected person irrespective of their
status who occupied the land (on which the structure or property in reference is situated)
or engaged in any livelihood/income-generating activities at the affected sites before the
applicable entitlement cut-off date(s) for the respective settlements and towns. As per OP
4.12, it is the date the census begins, those in the area before the census begins are eligible
for compensation and assistance, as relevant and those who arrive after the cut off date are
not. This was explained to the community members and PAPs during the public
stakeholder consultation meetings in local languages and PAP census as described in
section 3.1 for Wajir – Kotulo (km 00+000- km 119 +000) and Section 3.1.3 for Kotulo –
Elwak (km 119+000 to km 177 + 425) RAP Reports respectively. The cut- off dates were
adequately brought to the attention of the PAPs also through local religious and traditional
leaders. The cut-off dates were disclosed to the affected persons and communities during
the RAP study review consultation meetings. It was explained that any individuals who

73
 moved into the area after the established cut - off dates will not be eligible for
compensation and other resettlement assistance.
150. The cut-off dates established for the settlement sites are as shown below. Note that the
original cut-off dates for 2018 were maintained.

Table 83 : Cut Off Dates Established during RAP study by design Consultant
Settlement Cut – off Date
Halane 04.03.2018
Wagberi 04.03.2018
Lafaley 22.03.2018
Tarbaj 25.02.2018
Hungai 26.02.2018
Wargadud 27.02.2018
Kotulo (Wajir) 28.02.2018
Kotulo Mandera 18.10.2018
Dimu 23.10.2018
Dabasit 18.10.2018
Garse - sala 18.10.2018
Borehole 11 18.10.2018
Elwak 19.10.2018

This RAP review has maintained the set cut off dates as shown above.

7.2.2 Eligibility for Compensation and Property Ownership

151. The following categories are eligible for compensation:

i. People who own land (on which structures and other dwellings are situated) off the
ROW on which the road project will traverse (in case of any unforeseen realignments).
ii. People who possess residential or commercial structures which will be acquired/
affected as a result of the road project.
iii. People whose structures/dwellings will be affected as a result of the road project
implementation (squatters).
iv. People who own trees and /or crops that will be affected as a result of the
implementation of the road project.
v. Community ownership of property, community ownership, and users rights

7.2.3 Eligibility for Compensation and Derivation of Livelihoods

152. The following categories are eligible for compensation:

i. People who rent structures (Tenants) for operating Kiosks / Whose structures are
rented out and will be affected during project implementation.
ii. Mobile traders / informal roadside traders along the project road ROW whose
activities will be affected by project activities during project implementation.

7.3 Ownership Categories and Categories of Losses

153. Based on the eligibility criteria elaborated above, the categories of losses and PAPs
eligible for compensation are, therefore, those experiencing permanent or temporary
losses resulting from:

74
  Ownership and/or tenancy of affected structures
 Ownership and/or tenancy of business premises.
 Ownership/ operation/ tenancy
 Formal/public institutions such as schools/church or mosques
 Crop/tree owners
 Stone or live fence/store/latrine singular or block, well/ borehole owner.
 Public/communal/service/Infrastructure

7.4 Exclusion from Eligibility

154. All the involuntary displacement is eligible for compensation with the exception of the
following three main categories:
i. Losses in the thirteen (13) project site settlements as described in section 3.2.1 of the
report arising from structures or dwellings impacted by the road project
implementation activities that have been erected after the cut-off date applicable to
respective settlements
ii. Losses arising from structures or activities outside the ROW of 60M (40 M Tarbaj &
Elwak Spur).
iii. Losses claimed by material misrepresentation of facts such as income amount, identity
and so forth.

75
 CHAPTER EIGHT

8.0 PROJECT IMPACTS AND ENTITLEMENT MATRIX

8.1 Introduction

155. This section describes the forms of compensation packages and other resettlement
measures for eligible displaced PAPs. All communities with the project area are VMGs
and the PAPs are thus VMGs. The provision for vulnerable populations and compatibility
with cultural and individual preferences is highlighted. Additionally, the entitlement
matrix is presented. The resettlement measures have been formulated in close consultation
with institutional stakeholders and PAPs.

8.2 Forms of Compensation

156. The RAP strategy for resettlement has come up with forms of compensation packages
based on the type of loss and form of vulnerability for the relevant categories of PAPs.
The type of compensation has also been based on the preferences of the concerned
category of PAPs or beneficiaries.

8.2.1 Cash Compensation to Individual Property and Asset Owners

157. This compensation package will entail adequate and prompt monetary payment to all
PAPs losing property in the form of dwellings and other structures. It will also take the
form of other resettlement assistance such as disturbance allowance to provide the
opportunity for all PAPs to restore their livelihoods. This form of compensation has been
informed by:
a) The preference of all PAPs as it emerged during the public stakeholder consultations.
Business activities are the major sources of livelihood in all the settlements and the
PAPs prefer to be compensated through cash to bolster their informal enterprises.
Furthermore, virtually all the PAPs are engaged in personal enterprises, rendering it
most viable to pay in monetary terms. The majority of the PAPs do not belong to
cooperative groups as well and much of their livelihoods are merchandise based.
b) The majority of the structures affected are traditional huts, made from locally available
materials such as sticks and special reeds. Hence, it is not viable to consider the
replacement of compensation in kind for this category of property loss.

8.3 Replacement in Kind

158. This compensation strategy will be viable for Community resources and facilities so as
to restore the availability of the affected community assets and resources. It will also serve
the vulnerable PAPs and relocation of public utilities located within the ROW. This option
has been informed by the following:
a) Firstly, it is impossible to attach a cost or monetary value to the local community
assets such
b) as cemeteries and watering points.
c) The relocation of public utilities such as power and water lines will be replaced by
the contractor in collaboration with the relevant service providers. Adequate notice
will be provided to inform the affected communities and thus minimize
inconveniences and disruption of services.

76
8.4 Impacts and resettlements
8.4.1 Institutions
159. The affected institutions are public facilities in education, health and security sectors.
For the duly registered Government educational institutions, payment will be made to the
school accounts, while the others will be agreed upon with individual institutions.

8.4.2 Relocation of Graves

160. Cultural traditions governing the relocation of graves will be adhered to.
Compensation will thus include both the relocation (exhumation) and monetary
requirements for fulfilling the cultural traditions as per community cultural and religious
practices.

8.4.3 Religious Institutions

161. These institutions identify themselves as sites of religious significance. Thus, as much
avoidance has been made to affect the mosques. The affected institutions will be
considered for monetary compensation. In total there are four (4) mosques affected within
the road project ROW.

8.4.4 Squatters
162. Squatters are eligible for compensation of structures and any other affected assets.
They are also entitled to livelihood restoration and disturbance compensation.

8.4.5 Vulnerable Populations

163. Vulnerable people in the context of this RAP are those whom by virtue of their
gender, ethnicity, age, physical or mental disability, economic disadvantage or social
status may be more adversely affected by the resettlement than others and who may be
limited in their ability to claim or take advantage of resettlement assistance and related
development benefits. These individuals will, therefore, require additional support in order
to cope with project induced changes in the locality.

8.4.5.1 Forms of Vulnerability

164. The RAP study identified six categories of vulnerable people. They include:
a) Widows
b) OVCs
c) Single women
d) Physically challenged individuals
e) Elderly PAPs
f) Community aided individuals (Maslaha)

8.4.5.2 Entitlement to Vulnerable Individuals

165. The Vulnerable PAPs will be entitled to the following forms of assistance and special
considerations:
i. Aid in understanding and actual filing compensation claims
ii. Aid in Moving and actual facilitation and any required information

166. Additionally, depending on the form of vulnerability, the Vulnerable PAPs will be
provided with additional assistance as outlined in the entitlement Matrix shown in the
table below.

77
8.5 Entitlement Matrix

167. To mitigate the above mentioned, impacts, an entitlement matrix was established as follows:

Table 84 : Entitlement Matrix

Type of Loss/Affected Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of
Right Assistance/Entitlements
Land
Permanent Loss of any Private Landowner (individual Wajir Town  Provide PAP with choice of replacement land  All compensation before
type of Land regardless of or group) with legal document (if available) or cash compensation at full notice to relocate.
severity1 e.g. title. In case of individual, replacement value.
spouse included.  Maintained access to
 If replacement land, location will be unaffected remaining land thus
acceptable to PAP where feasible. Land will needs for access provision in
be of equivalent value, size and detailed road design.
characteristics.
 Access to Grievance
 If cash compensation, compensation of the mechanism.
land at full replacement value, free of taxes,
registration, and transfer costs.
 The right to request for orphan
or residual land to be acquired
 If residual is unusable, or ‘orphan’ land, if not economically viable.
subject to a case by case NLC determination
and recommendation for full acquisition of
land.  Owner eligible to participate
in livelihood restoration

1
Temporal loss of land due to occupation by contractor for establishment of camps and auxiliary facilities during construction not covered in this RAP, thus compensation
often at commercial rates to be negotiated outside this RAP.

78
Type of Loss/Affected Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of
Right Assistance/Entitlements
Private Owner with no legal Majority sections of  Compensation of the land at replacement programmes.
documents e.g. title but land value on good faith, NLC will have to
gazetted for adjudication prior Modogashe and determine the disputed 750metre market area
cutoff date i.e. legalizable Wajir compensation (if the alignment does not fit  15% disturbance allowance.
owner or some form of within the available space of about 20 metres
recognized land. Incase of and requires additional space).  Access to Grievance
individual, spouse included. mechanism.
 Provide PAP with the choice of replacement
land or cash compensation. If replacement
land, location will be acceptable to PAP
where feasible. Land will be of equivalent
value, size and characteristics.

If cash compensation, compensation of the

land at full replacement value, free of taxes,
registration, and transfer costs.

 If residual is unusable, or ‘orphan’ land,

subject to case by case NLC determination
and recommendation for full acquisition of
land.

Un registered community but Isiolo and Garissa Cash compensation at replacement value for
with user rights and Wajir Counties standing assets.
sections

Public/Government Whole route Cash compensation at replacement value for  Compensation at

standing assets. replacement cost for the
assets.

79
Type of Loss/Affected Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of
Right Assistance/Entitlements
Squatters on public, private No compensation for land  Compensation of the
and communal Land. structures at full
replacement cost.

 Compensation for loss of

business.

 15% disturbance allowance.

 Right to salvage.

 3 months’ notice.

 Access to Grievance
mechanism.

Temporal loss or damage Private, public or community Payment in full, of just compensation for any  Access to Grievance
to land/property during land/property owner damage resulting from the entry. The amount to mechanism.
inspection to ascertain the be negotiated directly with the owner of the
suitability of the land for land/property
acquisition for the road
upgrading.

Individual and Institutional Structures

80
Type of Loss/Affected Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of
Right Assistance/Entitlements
Loss of all structure types Owner of Structure regardless Whole route Cash compensation at full replacement cost-  15% disturbance allowance.
irrespective of use. of legal ownership/registration free of depreciation and transaction costs
status (and their spouse).  Right to Salvage.

 The right to request for the

residual land to be acquired if
not economically viable.

 The owner is eligible to

participate in livelihood
restoration programmes if they
wish.

 Access to Grievance
mechanism.

Business Tenants 3 months restitution based on assessed monthly  Access to Grievance

incomes and a 3 months relocation notice mechanism.
Residential Tenants 3 months relocation notice  Access to Grievance
mechanism.
Public/ Communal Assets/structures
Socio infrastructure e.g. Community/Users of the Whole route  Provision of replacement facilities within the  Community eligible to
boreholes services and assets settlement, with a higher capacity to serve participate in livelihood
more community members. restoration programmes.

 No cash compensation  Access to Grievance

mechanism.

Cultural/Religious Community/Public  The first option is re-alignment of road route  15% disturbance to realize
heritage sites/assets e.g. to avoid the facilities where feasible. religious and cultural rituals
cemeteries, mosques, and for the incidental cost of

81
Type of Loss/Affected Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of
Right Assistance/Entitlements
Graves  If no re-alignment: relocation of permanent
o Purchase of land or assistance in the structures like mosques. The
identification of alternative sites. same does not apply for graves
o Cash compensation only where and cemeteries.
recognized committees exist to
facilitate and oversee the relocation and  Access to Grievance
replacement of facilities. mechanism.

o Where no committees exist, KeNHA in

collaboration with community forms
one and facilitates required safeguards
to ensure money is used for the right
purpose or agreement on whether
KeNHA hires a contractor to work with
the community to redesign and rebuild
the facility. KeNHA pays the
contractor on community approval of
completion of works.
o In all cases, KeNHA facilitates the
rebuild of a bigger facility.

Individual/Family owners  Cash compensation at full repayment cost.  15% disturbance to realize
religious and cultural rituals.

 Access to Grievance
mechanism.

Business and Income

Loss of business The business building owner Whole route 3 months rental income per tenant lost - Subject  Eligible to participate in
(if premises rented out) to the provision of documents and verification livelihood restoration
by NLC programmes such as markets

82
Type of Loss/Affected Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of
Right Assistance/Entitlements
proposed by KeNHA in some
of the settlements.

Owner of Business 3 months of transitional assistance based on  Access to Grievance

monthly income mechanism.

 15% disturbance allowance.

Allocation of stalls within the existing County
Squatters Government Markets

Trees
Loss of all types of trees Individual/ group owner Whole route Cash compensation at full replacement cost  Eligible to participate in
regardless of the legal status of using rates approved by KFS livelihood restoration
owner programmes such as markets
proposed by KeNHA in some
Community as owners and Cash compensation at replacement value to the of the settlements.
users (in the latter where the owner.  Right to salvage
owner is an individual, but the  Access to Grievance
community uses the tree) mechanism.

Loss of Public Utilities

Power lines Public Whole route Physical relocation and reinstatement of access
by relevant authorities.

Vulnerability

83
Type of Loss/Affected Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of
Right Assistance/Entitlements
Any losses incurred by the Female household heads, Whole route Cash compensation at full replacement cost and  Priority in processing/
vulnerable elderly, persons living with in-kind assistance as per the provisions made disbursement of compensation.
disabilities. on the last column
2  Additional support with
transport to new sites that
include providing a team to
salvage their belongings
including house materials.

 Priority eligibility to
livelihood restoration
programmes e.g. markets.
Where KeNHA has proposed
markets in some settlements,
vulnerable get preferential
treatment in getting strategic
locations in new market
centres while the markets will
be designed to take into
consideration accessibility by
the physically challenged.

 Employment priority in
project-related jobs.

 Recommendation for
additional assistance by county
and national government
programmes such as the Inua

84
Type of Loss/Affected Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of
Right Assistance/Entitlements
Jamii programme.

 Counseling of the households

so that they can understand the
short-term support and longer-
term options.

 Support to ensure that they

maintain their social networks
of family and friends and that
they can access social services.

 The project has considered

non-monetary in-kind
compensation measures
including priority in
compensation, adequate notice
to relocate their facilities and
assistance to relocate their
assets to other communal land
which the area administration
has provided, referral to
microlenders and support
organizations in the areas
affected, allocation of
accessible trading spaces with
specific attention to their
vulnerability factors like
wheelchairs use at the local
markets among other support
as per the entitlement matrix.

85
Type of Loss/Affected Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of
Right Assistance/Entitlements
 Additional subsistence
allowance for three months.

 Where illness is ascertained,

medical subsidies, food,
temporary accommodation,
employment referrals to
members of the family to be
considered.

 Support to ensure that they

maintain their social networks
of family and friends and that
they can access social services.

 Access to Grievance
mechanism.

Unforeseen impacts, if any

Design of additional Private, public or community Whole route Reference to institutions supporting informal  Participation in livelihood
mitigation measures by land/property owner and pastoralist activities through the ministry of restoration strategies.
KeNHA on a case by case Livestock or as defined through social needs
basis assessment for the project.  Compensation of structures at
full replacement cost.

Informal PAPs and squatters  15% disturbance allowance.

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Type of Loss/Affected Defined PAP/Eligibility Indicative Areas Compensation Strategy Other Forms of
Right Assistance/Entitlements
Pastoralists

Livelihood restoration All affected persons and All the road corridor. Livelihood restoration strategy.  Social development
affected households Infrastructure for health,
education, water, abattoirs.
Social development Infrastructure for health,
education, water, abattoirs.  Financial training to all the
households receiving cash
compensation.

 Priority in consideration of
employment opportunities and
business opportunities in the
project.

 Veterinary care services and

extension services through
support from County
Government offices.

Wagberi, Tarbaj,
Kotulo (Mandera) Provision for Market Infrastructure  Stalls for traders at affected
and Elwak sites

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8.6 Consultation with and Incorporation of Views of PAPs in Compensation

168. The PAPs were consulted on their views regarding compensation on structures by
inquiring from them on information mainly on: Date of construction, Cost of putting up
own structure. The valuer could then measure the structure to come up with plinth areas
which were then analyzed to come up with the rates per square meter/ ft. Discussions were
held with local contractors, from whom the construction rates were obtained for
permanent, semi-permanent and temporary structures. The salvage materials from the
affected structures will be left to the PAPs for re-use elsewhere as per their wishes.

88
 CHAPTER NINE

9 VALUATION CRITERIA

9.1 Introduction

169. Valuation practice in Kenya is governed by the valuer's Act Cap 532 under the
Valuers Registration Board. The Board's mandate is to regulate all registered and
practicing Valuers. In addition, the land Act No 6 of 2012 requires that the land
assessment must be just. The valuation of land must reflect market values in force at the
time of exercise. the valuer should also consider damage likely to be sustained or caused
at the time of taking possession of the land by reason of severance from his or her other
land. Similarly, damage likely to be caused by the acquisition of the land that may
injuriously affect the other property should be considered in the valuation. Incidental costs
for relocating residence and or business brought by the acquisition must also be
considered. A disturbance allowance equivalent to 15 percent of the market value will be
added to the final compensation amount.

The National Land Commission is mandated to carry out an assessment of ‘just

compensation’ based on the above rules when acquiring land for public purposes. They
will verify and validate the enumerated assets in this RAP for compensation purposes.
Based on KeNHA’s previous experience with National Land Commission, the RAP
Implementation Consultant's main role is to ensure that NLC is educated on the
requirements of OP 4.12 and to ensure that the valuation exercise meets the requirements
of this RAP and OP4.12.

9.2 Valuation Process for Land and Other Assets

170. The basic approach will be to carry out a census survey of affected households,
enterprises, institutions etc. along with the road project designed route so as to develop an
asset register in consultation with previous registers. The valuation team together with the
sociologist physically walked door to door along the road route covering a width of 60
meters of the proposed road. The team visited and consulted the relevant Departments
within the county namely the Lands office, The Survey Department, the NLC offices, and
any other departments necessary to acquaint itself with current status on land matters to
include land values, land tenure, etc.

9.3 Valuation of Land

171. Comparable land sales were compiled to establish land values to which then were
analyzed to arrive at the rate per square meter /ft. However, we note that land in the
North-Eastern region of Kenya has not been adjudicated as confirmed by concerned
departments at Wajir and Mandera. Allotment letters have been issued by the County
Government(s) with allotment numbers, but no survey carried out on the land, hence a
lack of maps.

9.4 Valuation of Structures

172. The team worked closely with the locals and establish construction costs of the
available structures and various rates adopted for different structures.

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9.5 Valuation of Trees

173. The trees were valued on the basis of current market realizable values as guided by the
locals themselves. The age and size of the individual trees will play a huge role in the
determination of the value. Additionally, reference has been made to the Kenya gazette
notice of 2017 issued by the forest department.

9.6 Valuation for Loss of Regular Income

174. The majority of structures are located in the various established trading centers along
the road route hence the larger part is used to carry out business. The businesses were
recorded and individual incomes confirmed from the PAPS. These monthly incomes were
capitalized by the number of months it will take to establish an alternative site within the
trading centers so as to arrive at the loss of income.

9.7 Valuation of Fences

175. A full current replacement cost approach was adopted in valuing hedges, barbed wire
with cedar posts, chain-link fences on concrete posts, metal gates, stone walls, etc. so as to
reflect the cost of erecting new fences and completed to a standard as existed at the date of
valuation inspection. In summary, the process observed the relevant laws (including
customary and traditional law) governing land tenure, valuation of assets and losses,
compensation that meets the full replacement cost basis, and meets natural resource usage
rights; customary personal law related to displacement; and environmental laws and social
welfare legislation as outlined in O.P.4.12 together with the opinions and views expressed
by the resident communities in the project area. The same will be observed by NLC to
validate the entitlements for compensation at implementation.

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 CHAPTER TEN

10 LIVELIHOODS & INCOME RESTORATION

10.1 Introduction

176. The aim of resettlement assistance and livelihood restoration is to ensure that the
living standards of PAPs are restored to pre–displacement levels. The World Bank
OP.4.12 requires that PAPs should be offered support after displacement or during the
transition period-based n a reasonable estimate of time likely to be needed to restore their
lives and standard of living.

10.2 Strategy for Livelihoods & Income Restoration

177. This livelihood restoration shall essentially start from maximizing the possible and
available project-based opportunities by introducing new, and enhancing the existing
social investment as part of the proposed road infrastructure such as markets and
undertaking rest stops or lorry parking with roadside trading amenities. Other options that
can be explored can include entrepreneurial training for existing small businesses that will
be affected by the road upgrade through its land acquisition, as well as recommendation to
institutions offering small grants and loans for women and vulnerable groups. In
summary, the following measures have been adopted to form part of livelihood restoration
interventions where applicable. In summary, the following measures have been adopted to
form part of livelihood restoration interventions where applicable:-

10.2.1 Participation of Stakeholders and PAPS in Development of Livelihood

Restoration
Strategy

178. The livelihood restoration measures have formulated in close consultation with the
secondary stakeholders, members of the community and PAPs. Following extensive
stakeholder engagement with the PAPs in all the settlements along with the road project
and in line with the provisions of the World Bank resettlement policy OP.4.12 section 6
(c) i- iii, the RAP has provided five (5) main options for adoption to enhance income
restoration as described in the preceding sections.

10.2.2 Livelihood Restoration for Individual PAPs

a. Direct and indirect jobs/employment opportunities for the PAPs and members
of their households

The project affected persons will be given priority when the Contractor is hiring
workers from the local communities. The RAP implementation Consultation will
develop a database of the PAPs who will be interested in benefiting from jobs and
their qualification and will ensure that they get placing with the Contracts when job
opportunities are available.

b. Modern Market Stalls

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 The RAP has identified the provision of Market facilities at locations to be identified
by the communities’ and County government within the settlement’s towns. In most
settlements, notably Borehole 11, almost 90% of the PAPs temporary structures fall
within the KeNHA RoW and these will be demolished to pave way for the Road
project. The PAPs have indicated relocation of the structures to enable them to
continue with their businesses in a market site. KeNHA will work jointly with the
County Government to identify alternative land for the purpose of the establishment of
the market. The other sites for consideration for this option are Wagberi, Halane and
Tarbaj.

c. Financial and Basic Entrepreneurial Skills Training

This will be simplified training for PAPs on skills on how to invest

cash/compensation fees to gain returns to bolster their business ventures. The training
should take due regard to the literacy levels of the PAPs and be compliant to the
religious orientation of the road project area.

d. Referral for Credit Facilities and Cooperative Groups

This will entail increasing people’s income by referral to credit groups and improving
access to markets as well as the marketing of goods and services produced by local
traders.

e. Linkage of the PAPs to government-sponsored Social Development Initiatives

through the area Social Development Officers.

The government of Kenya has social protection and social programs that the PAPs can
benefit from due to their vulnerability during the resettlement processes. KeNHA
through the Resettlement Implementation Consultation will raise awareness to the
PAPs through County Social Development Officers and will give recommendations so
that the PAPs can benefit from these Government programs.

f. Linkage of PAPs undertaking to livestock activities to extension offices in the

county where necessary.

The Ministry of Agriculture and Livestock services provides extension services to

pastoralists for veterinary care to livestock. KeNHA through the livestock extension
officers will provide awareness to the PAPs of the availability of these services.
Further, they will recommend to the livestock officer that due to the vulnerability of
the PAPs due to displacement they should be given an opportunity to access these
services.

g. Local purchasing programs tailor-made to benefit PAPs or groups of PAPs who

can supply goods and services.

The Contractor will have contracts that involve the supply of goods and services
whereby only the local communities and businesses can apply. PAPs will be given
priority in the award of these small supply of goods and services Contracts.

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10.2.3 Social Infrastructure Benefits to the Local Vulnerable and Marginalised Groups

179. Vulnerable and marginalized groups in the project area will benefit from social
infrastructure projects that will be constructed under the Project. This option applies to
community and public resources that will be affected during project implementation. In-
kind compensation is a viable option for this category of assets. These projects will be
selected through a participatory project that ensures Free, Prior and Informed Consultation
by a Consultant already hired by KeNHA. It is expected that the project will be aligned to
meeting water supply, providing market shades, milk coolers, abbaitors, loading ramps,
etc. The implementation will commence before and during project implementation
depending on the sequencing/prioritization of the needs. In addition to the above, the
following specific measures will be implemented:

(a) Re-establishing Common Property Resources.

In addition to the loss of personal properties and assets, the project will also have impacts
on community structures. The Common Property Resources, including water kiosks, and
water pans among others, will receive replacement values as budgeted for in the RAP
budget.

(b) Land‐ Based Restoration Component

Income restoration for the land-based component through pastoral improvement can be
accomplished through the provision of drought-resistant fodder crop seeds to be planted
where there are seasonal rivers, and, livestock veterinary services.

(c) Non-Land Restoration Component

The measures proposed to mitigate adverse impacts at the Community Level will address
issues including such as stress to vulnerable groups who include the elderly, child and
female-headed households, the spread of HIV/AIDS as well as the loss of trees, rental
revenue, communal facilities (mosques, school compounds, and water pans), undeveloped
residential and commercial plots.

(d) Vulnerable Groups

Among the PAPs, special groups of persons were identified. These include the elderly,
Chronically ill, widowed, OVCs, IDPs, and PLWDs. These groups of persons are
vulnerable to greater project impact and discrimination hence extra assistance is required
to ensure that they are properly compensated and resettled. Among the PAPs identified in
the project area, the majority of the households are headed by men. The Land Act 2012
recognizes the role of spouses in land and property transactions where families reside.
Consent from the spouse is mandatory hence the rights of the female spouse are well
guarded.

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94
 CHAPTER ELEVEN

11. GRIEVANCE REDRESS MECHANISM

11.1 Introduction

180. This section describes the grievance redress framework for the project that will be
adopted for settlement of disputes arising from the resettlement.

11.2 Rationale for Grievance Redress Mechanism

181. Grievances are any form of complaints or suggestions from the PAPs concerning the
implementation of a project. Grievances and complaints could arise with regards to,
resettlement, activities associated with the road construction project activities, social
issues or any other subject related to proposed the project. For effective project
implementation, it is imperative that grievances and complaints are addressed throughout
the life cycle of the project.

182. The grievance mechanism should not replace existing legal processes but should aim
at a resolution of issues quickly without resulting in expensive and time-consuming legal
actions. If the grievance procedure fails to provide a resolution, the complainant can still
seek legal redress. The Grievance system will operate within all the thirteen (13)
settlement towns affected by the project. It is important that the grievance committee is
fully accessible to all PAPs with grievances. In addition to establishing formal procedures,
grievance mechanisms should also work through existing traditional processes so as to
benefit from the rich mediation mechanism existing in the project area that relies on
community elders to dispense justice.

11.3 Existing Mechanisms for Dispute Resolution

183. According to the public stakeholder consultations conducted during the initial RAP
preparation, the community members cited the role of the community elders as paramount
to dispute resolution in the project area. The RAP study provided the following procedure
commonly followed in order to arrive at an amicable settlement of disputes:

a) First effort: Dispute resolution within the immediate family setting

b) Level Two: If no solution arrives at the family level, the elders take up the case
c) Level Three: If No resolution, the dispute is referred to the Chief and then to National
Government administrators in the locality such as A.CC or D.C.C.

184. This was confirmed by the consultant during the RAP review exercise to be system
relied upon by the community members. However, in addition to the above, the
community cited the important role played by the religious leaders especially the local
Imam in settling domestic affairs such as marriage dissolution and separations.

11.4 Purpose of the Grievance Redress Mechanism

185. The major aims of the grievance redress mechanism are:

a) Ensure that Project affected Parties are able to lodge complaints or concerns without
cost and with the assurance of a timely and satisfactory resolution of the issue.

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 b) Its also an avenue for the aggrieved to voice their dissatisfaction for possible redress,
management and tracking of grievances to ensure that appropriate resolutions and
actions are taken.

11.5 Types of likely Grievances and Disputes in the Project Sites

186. The following are the likely disputes likely to emerge in the road project locality:
i. Misidentification of assets or mistakes in valuing them.
ii. Disputes over the ownership of a given asset (two individuals claim to be the
owner of this asset).
iii. Disagreement over the valuation (either the unit rate applied or the count) of a plot
or other asset.
iv. Successions, divorces, and other family issues, resulting in disputes between heirs
and other family members, over ownership or ownership shares for a given asset.
v. Disputed ownership of a business (for instance where the owner and the operator
are different persons), which gives rise to conflicts over the compensation sharing
arrangements.
vi. Disruption or damage to water sources and infrastructure.
vii. Damage to utility infrastructure.
viii. Increase in traffic loads and the effects of their resultant impacts.

11.6 Proposed Grievance Redress Mechanism

187. Informed partly by the existing mechanism and the reliance on prevailing cultural
dispensation, the RAP Review consultant has recommended a viable GRM guided by the
following criteria: affordability, accessibility, inclusion such that all population segments
such as men, women, youth are represented, affirmative action sensitivity to take care of
the interests of PLWDs and consideration for NLC and judicial recourse as the last result.
Grievances relating to women will be addressed through this GRM. Targetted GRM
awareness for women in local languages will be created with women groups and religious
gatherings where women assemble to ensure that they are aware of the reporting avenues
as well as the GRM process. The GRM will introduce channels for reporting any GBV
issues as will be defined and guided by the GBV service provider.

188. In line with the local cultural dynamics and the day to day practice by the community
in dispute resolution, the proposed GRM has four levels, viz
a) First level – Local Resettlement site committee
b) Second level – Sub County committee
c) Third level - County-level committee
d) Fourth level – Judicial Legal redress

11.6.1 First Level: Local Level Resettlement Site Grievance & Resettlement Committee

189. Grievances or conflict redress on RAP related issues as a result of this project will be
handled by the already existing or established GRMC in the project site. It will handle all
forms of grievances in an amicable manner and as an alternative dispute resolution to the
formal process, which is normally lengthy and costly. Grievances not resolved by the site
level committees will be taken to the second level.

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190. The RAP update and review team sought to establish whether the local GRMC had
been established in the applicable settlement sites. It was found out that the teams had not
been established. In line with its mandate, the review team established the committees,
whose details are provided separately to the client. The Committees membership
comprises:
 The Area Chief/ Assistant Chief
 Council of elders from the community.
 Project affected person representatives (men, women, youth)
 Ward Administrator
 Religious leader

191. During the project implementation phase, three members will be co-opted to the
committee:
 KeNHA representative
 Supervision Consultant
 Contractor representative

11.6.2 Second Level: Sub County Mediation Committee

192. At this level, the committee will handle grievances that cannot be resolved by the site
level committees and membership will include:
 National Government (Deputy County Commissioners Office
 One representative of County Administration; - County Government (Town
Administrator)
 Representation from KeNHA
 Supervision consultant
 contractor
 A representative from the council of elders.
 Two PAPs representatives (men, women)

11.6.3 Third Level: County-Level Mediation Committee

193. There will be a third level mediation committee that will handle disputes and
grievances that cannot be resolved by the first and second level mediation committees
described above. This committee will comprise of the following:
 County Commissioner
 Representation from KeNHA
 County lands Tribunal chairman
 County Coordinator - NLC
 County peace Committee chairman
 Religious Leader – Imam
 Representation of the council of elders (both men and women).

At this level, issues that cannot be resolved will be escalated to the National Steering
committee which comprises of KeNHA, NLC, and subject matter institutions like
Power, water, education, health, livestock, NEMA, DOSH, among others at the
ministerial level.

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11.6.4 Fourth Level: Resort to Justice

194. In case this mechanism will not allow an amicable agreement to be reached, the
complainant or the defendant can resort to Justice
11.6.4.1 National Land Commission (NLC)

195. The Land Act 2012 empowers NLC to manage public land and carry out compulsory
acquisitions of land for specified public purposes. NLC has been constituted and thus
legally, NLC is supposed to provide the approval to the request made by KeNHA to
acquire land. NLC is also expected to notify landholders in writing of the intention to
acquire land; assist in resolving disputes related to compensation; undertake public
consultation on intended acquisition; receive money from KeNHA for the actual payment
of entitlement awards to PAPs. NLC holds the authority to execute compulsory
acquisition in Kenya. The Government of Kenya bears the authority for land acquisition,
which is vested on the NLC by legislation. It is important to note that the NLC also has
statutory powers to prescribe criteria and guidelines for land acquisition.

11.6.4.2 NLC Grievance and Appeals Process

196. The NLC has a grievance redress process mainly triggered at the time of award of
compensation following public hearings. If a PAP is dissatisfied with the awards given by
NLC, they have a right to appeal and NLC would look into the matter and determine
justification. In the event that a PAP is not satisfied with the appeal made to NLC and the
resolution thereof, the dispute is resolved by resorting to the legal justice system where
PAP could go to the environment and land court.

11.6.4.3 Court of Law

197. Finally, there will be the option for each complainant to resort to court, in case there is
no solution within the Project's grievance mechanism.

11.7 Grievance Mechanism Steps and Procedures

11.7.1 First Step: Receipt of Complaint/Grievance

198. A verbal or written complaint from a PAP or community member will be received by
the Grievance Officer and recorded in a grievance log which will be held in the offices of
the supervision consultant and KeNHA's regional office.
199. Other grievances can be received at the local administration office or the council of
elders and forwarded to the supervision consultant for redress and documentation.

200. The grievance redress mechanism team will hold a meeting at site level where
grievances are heard depending on the nature of grievance raised and entered in the
grievance register The grievance log will indicate:
- Grievances (Nature and exhaustive description)
- Date lodged or reported
- Actions were taken to address or reasons why the grievance was not acted upon (e.g.
the grievance was not related to the resettlement process)
- Information provided to complain and date on which the grievance was closed.

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11.7.2 Second Step: Determination of Corrective Action
201. If in their judgment, the grievance can be solved at this stage and the Grievance
Officer and a representative or witness will determine a correction action in consultation
with the aggrieved person. A description of the action, the time frame within which the
action is to take place, and the party charged with implementing the action will be
recorded in the grievance database.

202. Grievances will be solved and the status reported back to complainants within
Twenty-one (21) days. If more time is required, this will be clearly communicated and in
advance to the aggrieved person. In cases that are not resolved within the stipulated time,
detailed investigations will be undertaken and results discussed in the weekly meetings
with the affected persons.

11.7.3 Third Step: Meeting with the Complainant

203. The proposed corrective action and the time frame in which it is to be implemented
will be discussed with the complainant within Twenty-one (21) days of receipt of the
grievance. Written agreement to proceed with the corrective action will be sought from
the complainant. If no agreement is reached, the second step will be revisited.

11.7.4 Fourth Step: Implementation of Corrective Action

204. Agreed corrective actions will be undertaken by the concerned within the agreed time
frame. The date of the completed action will be recorded in the grievance database.

11.7.5 Fifth Step: Verification of Corrective Action

205. To determine if the aggrieved person is satisfied, he will be approached by the
Grievance Officer to verify that the corrective action has been implemented. A signature
of the complainant will be obtained and recorded in the log and/or on the consent form. If
the complainant is not satisfied with the outcome of the corrective action, additional steps
may be undertaken to reach an agreement between the parties. If additional corrective
action is not possible alternative avenues may be pursued.

11.7.6 Sixth Step: Action by Grievance and Resettlement Committee

206. If the aggrieved finds that a satisfactory resolution cannot be reached, the complaint
will be handled by the County level Grievance Committee. If satisfied, the complainant
signs to acknowledge that the issue has been resolved satisfactorily. If the complainant is
not satisfied, however, the complainant notes the outstanding issues, which may be re-
lodged with the Grievance Committee or the complainant may proceed with judicial
proceedings.

11.7.7 Seventh Step: Alternative Action/Judicial Recourse and National Land

Commission

207. In the unlikely event that the proposed mechanism will not allow an amicable
agreement to be reached, the complainant or the defendant can resort to Justice. The Land
Act 2012 and the National Land Commission Act 2012 obligates the NLC to manage
grievances and disputes related to resettlement or land amicably. NLC will be expected to
arbitrate or negotiate with PAPs or landowners that have any grievances concerning their
compensation. The cascading structures they put in place are also expected to take up this
responsibility.

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11.8 Remuneration of Grievance Redress and Compensation Committee Members

208. All the members of the Grievance Redress Committees established at different levels
will perform their duties on a voluntary basis. There will be no remuneration other than
costs associated with transport, communication, meals and any other reimbursable
expenditure facilitation. The financial rates for the above costs will be decided upon
jointly between KeNHA and committee members. However, this RAP has included a
budget estimate for the associated cost under the RAP implementation budget line item.
Similarly, the terms of the Grievance Redress Committees will be decided upon through
joint consultations between KeNHA and the committees. Fig.3 below shows the
diagrammatic representation of the Grievance redress procedure.

Figure 3: Grievance & Dispute Handling Mechanism

At all levels, regular progress monitoring of grievances filed, their status and actions taken
and recommendations/resolution will be constantly undertaken. All the levels will follow the
following:-

Registration of grievance or dispute at committee (Locational, Subcounty, County or NSC)

Treatment (sorting, allocating, investigating and remedying) of the grievance or dispute

Review of the grievance or dispute

Complainant
NO
YES satisfied with
outcome
Resort to Next level
Committee

Grievance processing by
Next level Committee
Final Closure
Response of the Next
Level Committee

Complainant
Aggrieved party resort satisfied with
to Justice No outcome

Final Closure
YES
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11.9 Appointment of Grievance Redress and Compensation Committee Members

209. The members of the Grievance Redress Committees will be appointed through a
consensual and transparent process with the full participation of all the affected PAPs in
the project area together with the local leadership.

11.10 Capacity-Building for the Grievance Officer and Grievance Committee

210. It will be mandatory for the Grievance Officer to be appointed based on his/her
experience and training in conflict resolution. In addition, he / She should possess the
following requisite skills:

- Data management, entry, data analysis, and storage.

- Liaison skills
- Record Keeping
- Problem-solving skills
- Oral and written communication skills

211. The Grievance Committee members will also need to be oriented to the grievance
management system suggested in the RAP as adopted from the RPF. The capacities of the
Grievance Committee members will also need to be built around issues of conflict
identification, conflict information analysis and conflict resolution as provided for in the
land legislation.

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 CHAPTER TWELVE

12 RAP ORGANIZATIONAL STRUCTURE & INSTITUTIONAL ARRANGEMENTS

12.1 Introduction

212. This section describes the organizational framework for implementing the resettlement
at different levels. The identification of the institutions responsible for the delivery of the
services aimed at enhancing effective RAP implementation has been done.

12.2 Institutions Responsible for RAP Implementation

213. The resettlement implementation will be carried out at different levels by the
following institutions:
a. Kenya National Highways Authority (KeNHA)
b. National Government (Relevant agencies as will be determined)
c. County Government of Wajir
d. Mandera County Government
e. National Land Commission (NLC)

12.3 RAP Implementation Unit

214. The RAP implementation Unit will be formed to ensure timely execution of the RAP
process including compensation. KeNHA will be the lead agency in the RAP
implementation and will work together with the other institutions as spelt out in section
12.2 above. A RAP Implementation Consultancy firm will be hired to facilitate the
implementation of the RAP.

215. The Environment and Social Interest Unit at KeNHA headquarters will oversee the
RAP Process. The agency will therefore establish a RAP implementation Unit (RIU) for
the project to steer all resettlement matters and activities pertaining to this RAP. The
responsibilities of the RIU will be:

a) Direct the RAP compensation and rehabilitation activities and measures

b) Carry out appropriate coordination between the agencies and jurisdictions
involved in the RAP implementation
c) The measures (including technical assistance) needed to strengthen the
implementing agencies' capacities for managing the facilities and services
provided under the project.
d) Supervise the activities of the RAP Implementation Consultant.
e) The RAP Consultant will be responsible for training the National Land
Commission on the requirement of OP 4.02 and the contents of the RAP.

216. Figure 4 below shows the organizational structure of the RIU.

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 Fig 4: RAP Implementation Unit

KeNHA Project and Safeguards Directors

RAP Implementation Consultant

Resettlement Advisory Committee

Legal Advisor Accountant, Highways Engineer Environmental & Land

Financial Social Specialists Economist/Valuer/
Surveyor

Other Expertise Special interest

required persons NGOs and
CBOs

Resettlment
Implementation Unit

Community Groups & Government Technical Staff

resettlement committees

Affected Population

217. The RIU will comprise a core unit responsible for day-to-day operations and technical
support staff. The composition of the core unit will be as follows:

(a) An implementation team that will have the following members of staff:
(i) ESS Unit (KeNHA) Social Specialist
(ii) Implementation Officer (1); KeNHA's Social Specialist specific for
this RAP
(iii) Monitoring Officer (1); KeNHA's M&E Specialist
(iv) Valuer
(b) Independent civil society organization/ NGO representative
(c) National Government Representatives (Chiefs) for each affected settlement
(d) County Government Representatives (CEC for Lands and Physical Planning) from
both counties
(e) Representatives of PAPs in the affected sites
(f) Works Contractor
(g) Supervising Contractor
(h) hNational Land Commission

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218. The day-to-day role of the RAP implementation team will be to:
(i) Plan and coordinate prompt compensation payments;
(ii) Plan and coordinate non-cash compensation such as special assistance to
vulnerable groups;
(iii) Ensure that the compensation process and entitlements adhere to legal
provisions such as spousal and children's consent where it applies, and
following the succession Act in case of the death of a PAP;
(iv) Report to the KeNHA's senior management team and stakeholders;
(v) Ensure that the information needs of the PAPs are disseminated promptly and
effectively;
(vi) Establish, manage and update the RAP implementation database;
(vii) Contribute to the regular monitoring and evaluation of the RAP
implementation; and
(viii) Consult and sensitize the community and PAPs regarding the RAP
implementation progress.

12.4 Remuneration to RAP Implementation Unit (RIU)

219. The remuneration costs for the RIU have been provided for in the budget for RAP
Implementation. All the officials allied to participating institutions will be covered by
their employers.

12.5 Procedures for Effecting Payments

12.5.1 Compensation Payment

220. NLC Act (2012) will guide the payment procedure with respect to payment of PAPs.
All compensation payments will be made through designated bank accounts of PAPs.
PAPs without bank accounts will be assisted to open up bank accounts. The payment of
compensation will follow the prescribed procedure outlined in the NLC Act (2012).

12.5.2 Schedule of Implementation

221. A final schedule of implementation will be developed jointly with the KeNHA's RAP
implementation team, NLC, and PAPs. The implementation schedule will include:
a) Target dates for the start and completion of compensation payments;
b) Timetables for and the place of compensation payments;
c) Target dates for fulfilling the prerequisites for compensation payments and other legal
requirements by PAPs;
d) Timetable for special assistance to vulnerable groups;
e) Dates for vacant possession of the acquired land from the PAPs {this date must be
after the payment of all compensation).
f) The link between the RAP activities to the implementation of the overall sub-project
components.

The RAP has provided a schedule of implementation that will guide the project.

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 CHAPTER THIRTEEN

13. MONITORING AND EVALUATION

13.0 Purpose of Monitoring

222. Monitoring and Evaluation provide arrangements for determining the level of success
in relation to the purposes and goals of the RAP and identification of problems during the
RAP implementation so as to make required adjustments for ensuring effective
implementation. Three monitoring components have been highlighted, viz: performance
monitoring, Impact monitoring and Rap completion audit. The M&E will be undertaken at
two levels: Internal and External monitoring.

13.1 General Objectives of Monitoring

223. The general objective of the M&E system is to provide a basis for assessing the
overall success and effectiveness of the implementation of the resettlement and
compensation processes and measures. Specifically, the M&E system will aim at:
a) Determine the level of satisfaction of affected people with the resettlement process.
b) Verify if affected people are compensated in full, before the implementation of the
project.
c) Find out if affected individuals, households and generally the community has been
able to maintain their pre-project standards of living and even improve on it.

13.2 Internal Monitoring

13.2.1 Performance Monitoring

224. This is an internal management function to be undertaken by KeNHA’s Monitoring

Officer that measures the physical progress of the compensation process against the
milestones established in the RAP. The monitoring will be ongoing with reports
generated on a monthly, quarterly and semi-annually basis. During the resettlement
compensation payment period, the following issues will be paid attention to:
i. No of PAPs compensated (including VMGs) and those with outstanding payments
ii. No of PAPs who have restored their livelihoods
iii. No of Vulnerable PAPs/ Groups identified and assisted during compensation
iv. No of PAPs who have registered grievances with the GRMC, those grievances that
have been resolved, those escalated and those not resolved as well as any that have
proceeded to the court of law.

225. During the post- resettlement compensation payment period, attention will shift to:
i. No. of PAPs with successfully restored livelihoods and assets reacquisition.
ii. No. of PAPs who have adequately maintained their social & cultural ties and
networks.
iii. No. of Vulnerable PAPs/ Groups assisted and restored livelihoods and assets.

13.2.2 Impact Monitoring

226. The aim of impact monitoring will be to measure the effectiveness of the RAP
Process. In conjunction with the community, an advisory resettlement group will seek to

105
 determine whether the RAP process meets the needs of the affected members of the
affected communities. PAPs will be included adequately in all phases of impact
monitoring, especially in the identification and measurement of baseline indicators upon
which the effects of the RAP will be measured against. The baseline for adoption has
already been established through the Census and a comprehensive Socio-economic
survey. The indicators to be measured include:

i. Impact of resettlement on the Health of PAPs.

ii. Impact of resettlement on Social, Psychological welfare of PAPs.
iii. Effectiveness of livelihood restoration on the progress of developmental milestones/
initiatives in the communities.

13.3 External Evaluation

227. The external evaluation will be initiated by KeNHA in collaboration with other
national stakeholders. To avoid conflict of interest the exercise will be carried out by an
external agency/ Consultant. The external evaluation will target at measuring the
effectiveness of RAP implementation process on:
i. Competency and adequacy of skills/ knowledge among staff.
ii. Equipment and facilities
iii. Legislative compliance with local/ National legislation/ WB standards.
iv. Collaboration & co-ordination adequacy at the RIU.

13.4 Monitoring Indicators & Tools

13.4.1 Monitoring Indicators

228. The proposed monitoring indicators are provided in the table below.

Table 85 : Monitoring Indicators

Parameter Indicators
Compensation to PAPs No. of PAPs promptly paid out
Amount of money paid out to PAPs
Livelihoods restoration No. of PAPs with restored assets/activities
Community facilities restored
No. of vulnerable PAPs assisted
Public participation & Engagement No of consultative meetings held
No. & Categories of Local leadership
engaged/involved
No of civil society groups engaged
Grievance redress & management No of complaints received
No of grievances addressed/ resolved promptly
No of unresolved/ outstanding grievances

Compliance with legislation and WB General relations between project staff & local
regulations & safeguards communities
No of local staff employed in project/ civil works
contractor

106
13.4.2 Monitoring Tools

229. These will include the following:

1. Interviews – Structured interviews with PAPs to assess their knowledge and concerns
on resettlement process implementation, entitlement and rehabilitation measures
2. Observation
3. Further tailor-made surveys
4. Desktop review of reports

13.5 Rap Completion Report

230. At the end of the RAP implementation, KeNHA will submit a final report to the World
bank. The report will provide details of the general organization and documentation of the
delivery of compensation, socio-economic impacts of the resettlement, Participation of
and engagement with the PAPs and their communities, grievance management and M&E,
challenges, mitigation and lessons learned during RAP Implementation.

13.6 Completion Audit

231. KeNHA will seek the services of a qualified consultant to prepare the audit and submit
the same to the World Bank for review and action. The purpose of carrying out a complete
audit is to bring to closure the sponsor’s liabilities for resettlement, compensation,
livelihood restoration and development support. Additionally, the audit will verify the
results of the RAP implementation indicators and assess whether RAP implementation
achieved the resettlement objectives. The efficiency, effectiveness, impact and
sustainability of the RAP sub-projects’ activities will be documented.

107
 CHAPTER FOURTEEN

14. RAP IMPLEMENTATION SCHEDULE

14.1 Introduction

232. This section outlines the implementation schedule for resettlement activities. The
scope covers the period from the RAP review to the termination of the various forms of
assistance. It is not possible at this moment to link the schedule of the resettlement
activities to those of the Road construction project, as the start date of the project has not
been specified. The aforementioned notwithstanding, the project activities will be timed to
commence upon finalization of compensation to PAPs.

14.2 RAP Implementation Schedule

233. The RAP Implementation Schedule is Shown in the table below.

108
 Table 86 : RAP Implementation Schedule
Schedule of Activities Months

Months from Nov 2019 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Review and Approval of
final RAP
Disclosure of RAP on
websites and
stakeholders
Sensitization of PAPS on
RAP through
Information Disclosure

Set up of PIU/GR/RIU

NLC Validation of
assets, Issuance of
awards and actual
Compensation Payment
Three Months’ Notice to
PAPS
Clearance of Road
Reserve,
Commencement and
progress of works
Grievance Management

Livelihood restoration

RAP monitoring
RAP Completion and
Audit *
*Completion audit to be done at end of project cycle.

109
15. RAP COSTS & BUDGET

15.0 Introduction

234. This section presents the estimate of the costs of the resettlement process and the Total
Budget for the RAP. The proposed budget presented in Tables below cover the estimated
costs for structures, livelihood, disturbance allowance and Trees of the RAP
implementation as well as the 5 percent implementation overhead.

15.1 Compensation & Implementation Budgets

The tables below show the budget for RAP compensation and RAP Implementation

15.1.1 RAP Compensation

The compensation for structures, Trees & livelihoods

Table 87 : Total Compensation for Structures, Livelihoods and Trees

Compensation for structures, Trees & 596,699,700
livelihoods

Compensation for disturbance (15%)

Table 88 : The Compensation for Disturbance Allowance (15 %)

Compensation for disturbance (15%) (Kshs)
Total 89,504,955

Table 89 : Total Compensation Package

Structures Replacement Value (Kshs)
Grand Total 686,204, 655

15.1.2 Other Compensation Aspects

15.1.3 RAP Implementation

Table 90 : RAP Implementation Costs

Aspect Value (Ksh)
Financial/Money Management Training/Meetings of 34,310,232.00
Resettlement Committees / Administrative Costs (5%)
External Monitoring and Extenral Coordination for RAP 13,724,093
Implementation (2%)
Total 48,034,325

15.1.4 Total RAP Budget

Table 91 : Total RAP Budget

Total RAP Cost Kshs.
Total RAP compensation 686,057,370
RAP Implementation Cost 48,034,325
Contingency (5%) 36,704,584
Grand Total 770,796,279
110
16. REFERENCES

Draft Resettlement Action Plan (RAP) for the proposed upgrading to bitumen standards of
Wajir- Kotulo (119 KM). March 2018.
Draft Resettlement Action Plan (RAP) for the proposed upgrading to bitumen standards of
Kotulo – Elwak. March 2019.
Mandera County Government (2018) County Integrated Development Plan 2018 – 2022.
Republic of Kenya (2010) Constitution of Kenya. Government Printer. Nairobi.
Wajir County Government (2018) County Integrated Development Plan 2018 – 2022.
World Bank (2013) Operational Manual OP.4.12. Involuntary resettlement. Revised April.
2013.
World Bank (2018) Environmental and Social framework ESF. Washington DC. The World
Bank.

111
17. ANNEXES

112
ANNEX A: LIST OF ATTENDANCE
1. Meeting with CEC-Roads, Wajir County Government

147
2. Meeting with Assistant County Commissioner – Kotulo Sub-County

148
3. Meeting with Deputy County Commissioner – Wajir Central Sub-County

149
4. Meeting with County Commissioner – Wajir County

150
5. Meeting with Deputy County Commissioner – Tarbaj Sub-County

151
6. Meeting with OCS – Tarbaj Police Station

152
7. Meeting with CEC Lands – Wajir County

153
8. Focus Group Discussion – Warigadud Location

154
9. Public Stakeholder Meeting Hungai – Wajir County

155
10. Public Stakeholder Meeting Hungai - Wajir County

156
11. Focus Group Discussion Tarbaj – Wajir County

157
12. Focus Group Discussion Wagberi – Wajir County

158
13. Public Stakeholder Consultation Meeting Wagberi/Halane – Wajir County

159
14. Public Stakeholder Consultation Meeting Wagberi/Halane – Wajir County

160
15. Public Stakeholder Consultation Meeting Elwak – Mandera County

161
16. Focus Group Discussion Elwak – Mandera County

162
17. Public Stakeholder Consultation Meeting Elwak – Mandera County

163
18. Public Stakeholder Consultation Meeting Dimu – Mandera County

164
19. Key Informant Interview Elwak/ Kotulo – Mandera County

165
20. Public Stakeholder Consultation Meeting Kotulo – Mandera County

166
21. Public Stakeholder Consultation Meeting Kotulo – Mandera County

167
22. Public Stakeholder Consultation Meeting Bore Hole 11 – Mandera County

168
23. Public Stakeholder Consultation Meeting Dabacity– Mandera County

169
24. Public Stakeholder Consultation Meeting Garse Sala – Mandera County

170
ANNEX B: MINUTES

MINUTE 1

Minutes of Public Stakeholder Consultations’ Meeting for reviewing and updating of the Resettlement Action
Plan (RAP) the proposed upgrading to bitumen standards of Wajir – Elwak Road section 175KM (A13) held
on Thursday 27th December, 2018 at Wajir County Headquarters at 10:30 A.M
Present
No. Name Organisation Designation
1. Ismail Sheikh Issack Wajir County Government CEC -Roads
2. Abdullahi Abdilatif Wajir County Government Surveyor
3. Dr.Joseph Misati Consultant RAP Team Leader
4. Christopher Mbindah Consultant Valuer
5. Mohamed Abdullahi Consultant mobilizer

Agenda
1) Introduction
2) Brief by consultants on the project details and RAP Review
3) Concerns and issues regarding RAP and Project
4) A.O.B
5) Adjournment

Minutes
1) The Meeting started at 11:20 A.M

2) The Team Leader explained the purpose of the RAP Review. He further informed the meeting that
the road section under RAP review is part of the NETIP project presently under preparation and
that the preparation of the social safeguards’ documentation, including the RAP forms part and
parcel of project preparation.

3) The CEC - Roads informed the consulting team that the biggest portion of the road project lies
within Wajir County, with only a small section spreading over to Mandera County.

4) He noted that at Soko Mjinga area, though may not be affected by the road project, women sellers
carry out their trade dangerously and are exposed to the risks of vehicle accidents.

5) The area around ORAHEY is a sacred site which requires attention during the road construction as
it is locally considered an historic site.

6) The Surveyor informed the consultants that survey work within the 4 miles of the Town had been
going on and the processing of title deeds for land owners is in progress.

171
7) The county government has fenced off the culturally sensitive area around ORAHEY and
safeguarded its boundaries with pillars which act as beacons.

8) There is need for the concerned authorities to put in place measures to curb grabbing of public land
by individuals

9) The valuer noted that the NLC is entrusted with the responsibility of safeguarding and even
documenting all public land in the locality.

10) There is need to ensure the use of technical expertise from the locality in order to create harmony
for the success of the project especially during the implementation phase.

11) The Team leader pointed out that the requirement is that local people be given priority in project
and only bring in skills that are not locally available during project implementation phase.

12) The CEC for Lands pointed out that there was plenty of locally available resources that will be
tapped for construction such as sand, ballast and white wash material that is locally made. He said
that only cement should be sourced from outside the community.

13) The Team leader reiterated that the contractor will be required to use locally available resources
and that several areas within Wajir and Mandera counties had been identified for extraction of the
material. The names of the identified areas are contained in the draft ESIA Report.

14) There being no other business, the meeting adjourned at 13:43 P: M.

Confirmation:
Minutes written by: Date:

172
MINUTE 2
Minutes of Public Stakeholder Consultations’ Meeting for reviewing and updating of the Resettlement Action
Plan (RAP) the proposed upgrading to bitumen standards of Wajir – Elwak Road section 175KM (A13) held
on Thursday 27th December, 2018 at Wajir County Commissioner’s Office at 2:20 P.M

Present
No. Name Organisation Designation
1. Lofford E. Kibaara Interior County Comissioner, Wajir County
2. Dr. Joseph Misati Consultant T/L
3. Christopher Mbindah Consultant Valuer
4. Abdullahi Mohammed Consultant Mobilizer

Agenda
1) Introduction
2) Brief by consultants on the project details and RAP Review
3) Concerns and issues regarding RAP and Project
4) A.O.B
5) Adjournment

Minutes

1) The Meeting started at 2.20 P.M, with members of the consultants’ team introducing themselves.

2) The Team Leader gave description of the RAP Review assignment and informed the meeting that
the road section under RAP review is part of the NETIP project presently under preparation and
that the preparation of the social safeguards’ documentation, including the RAP forms part and
parcel of project preparation. He said that the consultant team had visited the office of the C.C to
seek assistance and work together to put up a programme for work.

3) The C.C welcomed the Consultants’ team and informed the meeting that the project is a key priority
to the Government as it will facilitate the improvement of service delivery to the citizens in the
region and beyond.

4) The C.C further observed that transportation and accessibility is the greatest challenge in the
county as it hampers efficient service delivery in the county.
5) He also said that the situation of the road is an impediment to response to security emergencies and
provision of relief services to vulnerable community members who also depend on water trucked to
their villages by various agencies.
6) The consultants requested the county authorities to enhance security so as to enable the team
discharge its mandate in the RAP study.

173
7) The C.C said informed the consultants’ team that as much of the road falls within Tarbaj Sub –
county, he would direct the D.C.C in charge of the Sub county to put in place all the necessary
arrangements to accord the consultants required security.

8) There being no other business, the meeting adjourned at 3.10 P: M.

Confirmation:
Minutes written by: Date:

174
MINUTE 3

Minutes of Public Stakeholder Consultations’ Meeting for reviewing and updating of the Resettlement Action
Plan (RAP) the proposed upgrading to bitumen standards of Wajir – Elwak Road section 175KM (A13) held
on Friday 28th December, 2018 at Wajir Central sub – County office at 08:30 A.M
Present
No. Name Organisation Designation
1. Richard K. Tuwei INTERIOR A.C.C
2. Farah Noor AG. Chief – Wagberi Chief
location
3. Dr Joseph Misati Consultant T/L
4. Chris Mbindah Consultant Valuer

Agenda
1) Introduction
2) Brief by consultants on the project details and RAP Review
3) Concerns and issues regarding RAP and Project
4) A.O.B
5) Adjournment

Minutes
1) The Meeting started at 08:30A.M, followed by members’ self - introductions.

2) The Team Leader explained the purpose of the RAP Review and informed the meeting that the
road section under RAP review is part of the NETIP project presently under preparation and that
the preparation of the social safeguards’ documentation, including the RAP forms part and parcel
of project preparation.

3) The A.C.C Informed the consultants that there were two settlements affected by the project that
fall within his area of jurisdiction. He said that Wagberi and Halane settlements were the only area
affected by the road project.

4) The team leader explained that the tarmac road constructed by the Wajir county Government fall
outside the KeNHA Road alignment.

5) The acting chief pointed out that the RAP consultants carried out a public meeting with the
residents affected by the road project in the month of February 2018.

175
6) The Consultant observed that the activities to be carried out will include carrying out a consultative
meeting with the PAPS in order to obtain feedback and issues that will be incorporated into the
design and RAP process.

7) The Consultant team provided the proposal to start the RAP review activities at the beginning of
the road and then proceed to Lafaley later in the afternoon.

8) The acting chief pointed out that time will be required to mobilize the residents since most of them
live outside the town and that there are some residents living in Nairobi.

9) It was resolved that the activities at the settlement be scheduled for the month of February 2019 so
as to provide adequate time to the PAPS to be available.

10) There being no other business, the meeting adjourned at 9.25 A: M.

Confirmation:
Minutes written by: Date:

176
MINUTE 4

Minutes of Public Stakeholder Consultations’ Meeting for reviewing and updating of the Resettlement Action
Plan (RAP) the proposed upgrading to bitumen standards of Wajir – Elwak Road section 175KM (A13) held
on Thursday 28th December, 2018 at Tarbaj Sub - County Headquarters at 11.50 A.M
Present
No. Name Organisation Designation
1. ANDREW MWITI INTERIOR Deputy County Commissioner - Tarbaj
2. Simon Kirui National police service OCS – Tarbaj police station
3. Mutwiri, Geoffrey Directorate of criminal DCI
Investigation
4. Mohammed Osman National police service SP
5. Bruce Chitalo National Govt National Security Intelligence
6. Ahmed Subane Consultant Enumerator
7 Fariya Muminu Consultant Enumerator
8 Daud Ahmed Adan Consultant enumerator
9 Isaac S Osman NGAO A/Chief
10 Hassan Shidow NGAO A/Chief
Mohammed
11 Mohammed Bari Jamale NGAO A/Chief
12 Mohammed Ali NGAO Chief
13 Idle Ahmed NGAO Chief
14 Ibrahim Isaak NGAO Chief
15 Dr. Joseph Misati Consultant T/L
16 Christopher Mbinda Consultant Valuer

Agenda
1) Introduction
2) Brief by consultants on the project details and RAP Review
3) Concerns, issues and preparations for RAP review study
4) A.O.B
5) Adjournment.

Minutes
1) The Meeting started at 11. 50A.M, followed by members’ self - introductions.
2) The Deputy county commissioner called the meeting to order and provided a brief introduction and
rationale for organizing the planning meeting.
3) The consultants’ Team Leader gave the brief on the RAP review process. He pointed out that the
RAP review and updating had been occasioned by the re categorization of the road project from
category B status to category B, following review of the RAP draft report prepared by an earlier
consultant. The review will entail updating all the pertinent activities carried out earlier.

4) The D.C.C added that the improvement of the road will bring benefits to residents and
administration staff working in the area. He said that the intervention will address insecurity and
make it difficult the use of IEDs by terror agents.

5) The D.C.C further assured the consulting team that the necessary security and required support will
be provided to the consultant team. The security concerns of every section will be addressed.

6) The Assistant Chief for Kotulo (Wajir) complained that the RAP Consultants did not complete the
valuation of all properties of PAPs.

177
7) The Valuer pointed out that the mandate of RAP review consultants is to, take stock of all omitted
assets and value appropriately.

8) A member of NGAO reported that several PAPs were in possession of documentation for land held
but this had not been taken into consideration.

9) The T/L replied that all the cases will be verified and appropriate action taken during the review
study.

10) A locational administrator requested that the project should consider putting up offices for chiefs
who presently operate without offices

11) The T/L responded that the above concern will be captured in the RAP Report.

12) The T/L Inquired whether any GRM committees had been formed in the settlements.

13) The locational administrators said that the GRM Committees were not formed in any of the
settlements.

14) The T/L informed the meeting that the GRM committees will be constituted and the composition
will include the area chief, Assistant Chief, PAPs representative, Woman Representative, PLDs,
Youth and Religious leader.

15) The T/L informed the attendees that the cut-off date will remain as agreed with the previous
consultant.

16) The attendees observed that the local residents were eager to see the road project pick up and were
therefore in support of its preparation.

17) It was agreed that the RAP Study will follow the following timetable:

29.12.18 - Lafaley
30.12.19 – 31.12.19 - Tarbaj
1.1.19 - Hungai
2.1.19 - Wargadud
3.1. 19 – 5.1.19 - - Kotulo Wajir

18) There being no other business, the meeting adjourned at 2.20 P: M.

Confirmation:
Minutes written by: Date:

178
MINUTE 5
Minutes of Public Stakeholder Consultations’ Meeting for reviewing and updating of the Resettlement Action
Plan (RAP) the proposed upgrading to bitumen standards of Wajir – Elwak Road section 175KM (A13) held
on Thursday 29th December, 2018 at Wagberi Location Chief’s Office at 2:30 P.M

Present
No. Name Organisation Designation
1. Farah H. Noor NGAO Ag. Chief
2. Dr. Joseph misati Consultant T/L
3. Christopher Mbindah Consultant Valuer
4. Mustafa bishar Consultant Research Assistant
5. Abdi Razak Abdullahiman Consultant Enumerator
6. Fariya Yunis Consultant Enumerator

Agenda
1) Introduction
2) Brief by consultants on the project details and RAP Review
3) Planning for the RAP review study in the location.
4) A.O.B
5) Adjournment.

Minutes
1) The Meeting started at 2.30 P.M, with the area chief welcoming the consulting team.

2) The Team Leader thanked the Ag. Chief for patient and informed the members that the meeting
was for the consulting team to receive more comprehensive details for planning for study activities
agreed upon in the meeting with the A.C.C the previous day.

3) The Ag. Chief informed the consultants that the PAPs had been informed accordingly and will wait
for the communication for actual day of conducting the study.

4) He said that there were about 60 PAPs affected.

5) It was resolved that there was need to do thorough consultation with stakeholders in future.

6) There being no other business, the meeting adjourned at 3:25 P: M.

Confirmation:
Minutes written by: Date:

179
MINUTE 6
Minutes of Public Stakeholder Consultations’ Meeting for reviewing and updating of the Resettlement Action
Plan (RAP) the proposed upgrading to bitumen standards of Wajir – Elwak Road section 175KM (A13) held
on Thursday 30th December, 2018 at Tarbaj Police Station at 3:30 P.M
Present
No. Name Organisation Designation
1. Simon Kirui NPS-KPS OCS - Tarbaj
2. Dr.Joseph Misati Consultant T/L
3. Christopher Mbindah Consultant Valuer
4. Mohammed Abdullahi Consultant Mobilizer

Agenda
1) Preliminaries
2) Security arrangements
3) A.O.B
4) Adjournment

Minutes
1) The Meeting started at 3.30 PM
2) The T/L explained that the consultant team required armed security personnel to accompany the
members to the study team to six settlements to obtain pertinent information on household
property. He further noted that the security personnel will help maintain order in the individual
settlements.
3) The OCS informed the consultant team that his office will avail the requested assistance.
4) He requested that the consultant team will inform him a day earlier on the security needs so as to
be able to act accordingly.
5) It was agreed that a total of 23 Police officers will work with the consultants every day.
6) There being no other business, the meeting adjourned at 4.10 P: M.

Confirmation:
Minutes written by: Date:

180
MINUTE 7
Minutes of Public Stakeholder Consultations’ Meeting for reviewing and updating of the Resettlement Action
Plan (RAP) the proposed upgrading to bitumen standards of Wajir – Elwak Road section 175KM (A13) held
on Friday 1st February, 2019 at Wajir County Government Headquarters office at 10:20 A.M

Present

No. Name Organisation Designation

1. Naema Ibrahim Wajir county Government CEC, Lands
2. Mahamud Kasai National Land Commission Coordinator, Wajir County
3 Abdi Ibrahim A Wajir County Government Director, Lands
4 Abdullahi Abdilahi Wajir County Government Land Surveyor
5 Dr. Joseph Misati Consultant T/L and Sociologist
6 Chris Mbindah Consultant Valuer

Agenda
1) Introduction
2) Brief by consultants on the project details and RAP Review
3) Concerns and issues regarding RAP and Project
4) A.O.B
5) Adjournment

Minutes
1) The Meeting started at 10.20 A.M with a word of welcome from the C.E.C Lands. This was followed
by self-introductions by the attendees.

2) The consultant provided a general background on the RAP Review and update study and the need
to gather views of relevant stakeholders in order to inform the process. He noted that the docket
was key for consultation as it was responsible for land matters in the county.

3) The CEC noted that less than 1 % of the land in Wajir county is under cultivation. Further, most of
the land in Wajir county is owned communally and that Land has not been adjudicated especially
outside Wajir town (in the sub counties).

4) She indicated that there is a town plan and the process of titling up to around 1600 titles was
underway.

5) The CEC requested the Surveyor to avail to the consultants. She explained that the defunct count
council prepared a database for land previously allocated to the residents in wajir and other town
centres. There are also files containing the minutes which sanctioned the allocation.

6) The Chief officer informed the meeting that it is important to respect the culture of the community
while undertaking the RAP and even during the project implementation stage.

7) The T/L responded that the consideration of the Socio- cultural aspects of the locality is a key
guideline in the to be followed in the preparation of safeguard documentation and the RAP Review
will respect this.

181
8) The Chief officer noted that it was important to also consult with the Wajir County Lands Tribunal
as they are well versed with the land matters in the county. They are also actively involved in
settling disputes that come up in the locality.

9) There being no other business, the meeting adjourned at 11:35 A: M.

Confirmation:
Minutes Prepared by: Date:

182
MINUTE 8
Minutes of Public Stakeholder Consultations’ Meeting for reviewing and updating of the Resettlement Action
Plan (RAP) the proposed upgrading to bitumen standards of Wajir – Elwak Road section 175KM (A13) held
on Friday 12th April, 2019 at Mandera South - Sub County Headquarters office at 2.10 P.M
Present
No. Name Organisation Designation
1. Robin Ngeywo OOP ACC
2. Khalif Mohamed APS/DAPC CIP
3. Issa Ibrahim Abdi Consultant Research assistant
4. Alinoor Ibrahim Consultant Research assistant
5. Osman S.Yussuf NGAO Senior Chief – Elwak South
6. Ahmed Subane Consultant Enumerator
7 Fariya Muminu Consultant Enumerator
8 Daud Ahmed Adan Consultant enumerator
9 Dr. Joseph Misati Consultant T/L
10 Christopher Mbinda Consultant Valuer
11 Mohammed Nur Ali NGAO S/Chief Elwak South
12 Hassan Mohammed Noor NGAO A/Chief El-Adi
13 Hussein abraham NGAO A/Chief - Golicha
14 Joseph Nderitu KPS OCPD Kotulo
15 Hussein Maalim D DSIC
16 Hussein Abdulla NGAO Assistant Chief
17 Adan Bashir NGAO Assistant Chief
18 Mohammed hussein NGAO A/ Chief Bulla Afya
19 Ibrahim Hussein Mandera county Govt Town admin
20 Harun Abdullahi KFS KFS

Agenda
1) Introduction
2) Brief by consultants on the project details and RAP Review
3) Concerns and issues regarding RAP and Project
4) A.O.B
5) Adjournment.

Minutes
1) The Meeting started at 2.10 P.M, Thereafter, the administration, consultants and members of the
community introduced themselves.
2) The Team Leader provided a detailed description of the RAP Review tasks and the rationale behind
updating the RAP. The attendees were informed that the review of the RAP had indicated that
there were several aspects that required to be revised.
3) The consultant enquired about the administrative divisions in the study and hence to inform on the
necessary planning that was required to access the community members in the various settlements.
4) The A.C.C responded that the relevant settlements in Mandera County fell within two sub counties
i.e Mandera South and Kutulo Sub counties. Elwak Town falls within Mandera Central, while,
Borehole 11, Dimu, Dabacity, Garse Sala and kotulo Mandera fall within Kutulo Sub- county.
5) The A.C.C said that there are five (5) sub locations within Elwak.

183
6) The assistant Chief for Bulla Afya reported that several PAPs were left out of enumeration during
the RAP Census carried out in October 2018.
7) The Team Leader informed the participants that the RAP Review team will conduct careful
verification to identify and include any PAPs omitted so long as the cut – off date was respected.
8) The Meeting was informed that several graves were not captured during the previous enumeration
and survey along the by-pass.
9) It was resolved that during the Reconnaissance activity in the afternoon, the information regarding
the omitted graves will be verified.
10) The Team leader inquired whether the Grievance redress Committees had been formed in the
settlements.
11) The local area administrators observed that there were no committees presently existing in the
settlements.
12) The RAP Team leader informed the attendees that the consultants will facilitate the formation of
the Grievance redress committees following the laid down criteria.
13) It was resolved that for Elwak Town, three (3) committees will be formed to represent Bulla Afya,
Elwak South and Elwak Town respectively.

14) There being no other business, the meeting adjourned at 3.25 P: M.

Confirmation:
Minutes written by: Date:

184
MINUTE 9
Minutes of Public Stakeholder Consultations’ Meeting for reviewing and updating of the Resettlement Action
Plan (RAP) the proposed upgrading to bitumen standards of Wajir – Elwak Road section 175KM (A13) held
on Friday 12th April, 2019 at Elwak Police Station at 5:30 P.M

Present
No. Name Organisation Designation
1. Daniel Chacha Chacha NPS-KPS OCS – Elwak Police Station
2. Dr. Joseph Misati Consultant T/L
3. Christopher Mbindah Consultant Valuer
4. Mohammed Abdullahi Consultant Mobilizer

Agenda
1) Preliminaries
2) Security arrangements
3) A.O.B
4) Adjournment

Minutes
1) The Meeting started at 5.30 PM
2) The T/L explained that the consultant team required armed security personnel to accompany the
members to the study team to the settlements in order to obtain pertinent information on
household socio economic situation, affected property and other aspects of concern to the RAP
review team.
3) The OCS informed the consultant team that his office will avail the requested assistance. He
confirmed that the security team will be available every day of the study between 7 A.M and 4P.M

4) He requested that the consultant team will inform him a day earlier on the security needs so as to
be able to act accordingly.

5) The consultant thanked the security agencies for providing the security.

6) It was agreed that the requirement for field work included packed lunch and bottled drinking water.
7) There being no other business, the meeting adjourned at 6.15 P: M.

Confirmation:
Minutes written by: Date:

185
MINUTE 10

Minutes of Public Stakeholder Consultations’ Meeting for reviewing and updating of the Resettlement Action
Plan (RAP) the proposed upgrading to bitumen standards of Wajir – Elwak Road section 175KM (A13) held
on Friday 14th April, 2019 at Kotulo (Mandera) South - Sub County Headquarters office at 9.20 A.M

Present
No. Name Organisation Designation
1 S.O Wambura Interior A.C.C
2 Ahmed Noor OOP Chief
3 ABDikadir Ibrahim OOP A/Chief
4 Abdisalam Ibrahim OOP Chief
5 Joseph Ndiritu OCPD OCPD
6 Keron Adan Huka OOP Chief
7 Issack Osman Elder Elder
8 Hussein I. Osman KPS D/APC
9 Alinoor Norow Isaak OOP S/Chief
10 Abdikadir Abdullah Elder Elder
11 Mohammud Abdullahi Youth Youth
12 Mohammed Hache Elder Elder
13 Dr. Joseph Misati Consultant T/L
14 Christopher Mbinda Consultant Valuer

Agenda
1) Introduction
2) Brief by consultants on the project details and RAP Review
3) Concerns and issues regarding RAP and Project
4) A.O.B
5) Adjournment.
Minutes
1) The Meeting started at 9.20 A.M, by word of prayer from one of the participants (elder).
2) The Assistant Count Commissioner called the meeting to order and provided a brief introduction
and rationale for organizing the planning meeting. He informed the attendees that the guests were
consultants out to review and update the RAP Study done several months earlier.
3) The consultants’ Team Leader gave the brief on the RAP review process. He pointed out that the
RAP review and updating had been occasioned by the re categorization of the road project from
category B status to category A, following review of the RAP draft report prepared by an earlier
consultant. The review will entail updating all the pertinent activities carried out earlier.
4) The A.C.C recounted that the previous team had engaged the community by holding a public
baraza at the DC’s Shed. Members of the public had been provided information on the
compensation procedures to be followed. He informed the meeting that the consultants mainly
operated from Elwak town.

186
5) The Senior chief for Borehole 11 gave the history of the settlement and the origin of the Name given
to the settlement. He pointed out that the town boundaries had been shifted twice. This has led to
many settlers encroaching on the road reserve. However, during the road survey, the consultant
surveyor held public consultations with the PAPs and it was resolved that the road alignment
passes through the settlement so as to spare the institutions including; Mosque, Chiefs Camp, School
and the elevated water Tank.

6) The Senior chief proposed that the community felt that they should be considered for construction
of a market for the PAPs who lose their trading kiosks.

7) The Consultant observed that the views of the community members on this matter will be listened
to and appropriate action for updating the situation carried out.

8) The Chief for Dabacity observed that the impacts at the settlement were minimal as only kiosks
were affected and that the residents welcomed the road project.

9) There being no other business, the meeting adjourned at 11:15 A: M.

Confirmation:
Minutes written by: Date:

187
ANNEX C: PREVIOUS PUBLIC CONSULTATION & ENGAGEMENT

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Stakeholder Engagement Undertaken by the Design Consultant on all the settlements lying along Wajir-Kotulo (Wajir) Road
Sub-Section

Issue Comments Response

Compensation  Compensations should be made  The compensation will be at individual level.
before and construction process  Relevant laws and procedures will be used when valuing
begins. properties and we shall abide by the law.
 PAPs asked whether compensation  We shall propose relevant safeguard measures to the proponent to
amount will be payable to the include additional measures, on project design modification, that
community or to individuals. may be required to address adverse effects on the vulnerable
population and to provide them with culturally appropriate
project benefits.
 Will the poor and the orphans  This RAP provides compensation on all affected persons to be
(children) who have established paid out the particular owners, so long as they were present by the
settlements along the road be cut-off dates;
compensated?  The Census confirmed that there were no child headed
households among the PAP population. From the FGDs it
emerged that orphan children are usually taken in and brought up
by relatives;
 The vulnerability analysis shows that the PAPs in Lafaley are
especially marginalized (as compared to the other settlements) as
they own an average of ten goats per household in an area where
one household can have up to 400 goats;
 This RAP proposes that during construction phase of the project,
that poor PAPs including the ones at Lafaley be given special
attention to ensure that they get:
o Casual Labour opportunities as supplementary income
sources;
o Equal opportunities to both men and women as the
women are very interested in these jobs;
o That interest is shown, women who would like to
provide support services to the construction workers be
assisted to understand the procedures required to legalize
189
 their small businesses;
o That during community engagement for the construction
phase discussions should be held on the cultural
appropriateness of proposed programs and the required
support measures be integrated into such programs.
Livelihood  The proponent should discuss with  From consultations with the Physical Planning Office (See
Restoration the County Governments of Wajir Appendix 1 for record of meeting discussions) at County
so that those along business along Government, considering that all this is community land, the
the road can be relocated to County can at County Government Level, re-allocate land to
continue running their businesses. these traders. The only support they would require from the
proponent is the Right of Way Boundaries clearly surveyed to
ensure that PAPs are not re-allocated land within the RoW;
 The re settlement of these traders will require participation from
the County Physical Planning, Markets and Trades and ICT
Department;
 This RAP has included the County Government as a key member
of the RAP Implementation Unit (RAPIC). They should be
actively involved in the monitoring and evaluation of livelihood
restoration of traders who were relocated from the project RoW.
Businesses  Participants wanted to know  As per World Bank O.P 4.12 all affected persons within the RoW
along the road whether those doing business along present by the cut-off date will receive some form of
the road will be compensated. compensation, in accordance with the entitlement matrix
Similarly, whether markets and presented in this report.
market structures will be valued for
compensation.
Graveyards  Request that graveyards should not  All areas where the RoW was affected graveyards has been re-
be touched by the project. If the aligned to avoid the graves and structures. Boundaries of these
surveyors and the valuation teams cultural physical resources was collected to ensure that the re-
find graveyard, we request that they alignment does not affect them.
should change the road course.
 There are burial sites along the
proposed road; one at Wagberi,
chainage 1+200 and the other at
Tarbaj 50+300.
Land  Conflict, lifestyle and drought  As there is adequate space just outside of the proposed new RoW
190
Ownership pulled the community to living and beyond, identification of land for resettlement will not be a
together so as to get resources problem in the areas outside of Wajir Town. Therefore, it is
distributed by the government. This possible for them to get new space even as they code the current
by design has made them live along space;
the road. Therefore, they do not  For Wajir Town, the affected persons claim to have allotment
have land ownership documents. letters, the County Government will have to verify authenticity of
What will happen to the plots they the plot allocation document. The County Government will again
have allocated ourselves. be instrumental in identifying land for resettlement around the
Town;
 In all the above case, County Government representatives were
clear that the RoW boundary is required to ensure that persons are
not resettled within the Road Boundary. The role of DG in RAP
implementation is therefore key for livelihood restoration through
in-kind replacement of land.
Decision  Involvement of the local leadership  On discussions with PAPs on grievance resolution, in addition to
Making when coordinating issues affecting the Chiefs, the community asked that the “Maslaha” dispute
the locals is very critical. Chiefs committee, the peace committee and representatives of women,
should be involved in coordinating men, youth and PLWD and an elder from each clan should be
any involvement with the involved for impartiality. This is especially because natural
community since they are impartial. resource conflicts are high, even before compounding these
problems with project related issues.

This system has been adopted into the project’s grievance resolution
mechanism as presented in both the RAP and ESIA Reports.

191
Table: Summary of Issues from Key Informants (Settlements along Wajir- Kotulo (Wajir)
Sub - Section
Issue Comment Response
Material Use  Resistance by the community in Co-opting of Peace Committee, “maslaha”
Conflicts. some areas due to excavation of Committee and clan elder representatives in
materials; the grievance management system for the
 Land disputes arising between the project construction phase.
contractor and the locals.
Interruption of grazing areas due to  Proper stakeholder mapping and
excavation sites for material. adequately resources stakeholder
engagement programs during ESIAs for
material sites;
 All material sites must have EIA Licenses
prior to issuance of approval for use by the
supervising team.
Loss of Access to RoW at km0+000 to km 0+400 This will be done within the updated Design
Ground Water should be re-aligned to avoid Horay Report as complimented by direct PAP
Resource wells. engagement and update of census records
Horay wells serves a radius of 60km and valuation roll.
and in some places 150km from the
town. Road cannot pass through the
wells to avoid damage or
contamination.
Enhancement of  KENHA and other stakeholders in These aspects informed the development of
Project Benefits this project should constantly liaise the future strategy for community
with the County Government as an engagement.
integrated project to achieve the
development goals of the area.
 The contractor should prioritize the
local supplies and services such as
milk and meat.

192
Future Stakeholder  The project should do public
Engagement awareness and public relations to
establish any new developments
that are taking place along the
project road that may not have
been reported but are of interest.
 Hold comprehensive community
participation forums along the
project road/corridor.
 The proponent should seek These aspects informed the development of
technical advice from the public the future strategy for stakeholder
health officer on requirements on engagement.
community health and safety;
 The proponent should initiate
contact with the public health
office until the end of the project.
Impact on Local  Interference with the migration and  Signing of code of conduct by all staff;
Culture nomadic lifestyle that has been in  Sensitization of project staff on the
existence; community’s way of life, areas of
 Creating awareness on cultural convergence and areas of conflict as well
integration; as culturally appropriate responses should a
 Design integration to cater for the culture clash arise;
existing migration and nomadic  Sensitization of site and human resource
routes; managers for the project team on
 Need to be sensitive on grazing appropriate response measures in the event
areas especially the animal’s pools; of occurrences with a risk of culture clash;
 Need to be sensitive to the local  Continuous and clear communication of
community’s culture and lifestyle; sanctions to be enforced on staff should
 Being sensitive to the social, they breach the code of conduct;
cultural, economic and religious  Evaluation of efficacy of grievance

193
 diversity of the local communities. response mechanisms to promote a
structured improvement of the system.
Security  Security challenges just past The costs for security personnel has been
Kotulo; integrated as one of the required items for
pricing by the Contractor.
Potential CSR  Creation of incentives, jobs, For consideration by the client under the
Programs building water pans and earth support social programs for the project.
dams to benefit the community.
 Putting up facilities for the
community along the route.

Issues Raised from Key Informants Meetings

The summary of issues of relevance to land take and compensation discussed during the focus group
discussions are highlighted in Table 5-7 below.

Summary of Issues from different Groups

Group Issue Recommendation
Women Responsibilities within Household The women require a market so that they can
Women are responsible for preparing establish more lucrative businesses such as
children to school and taking care of hotels.
the homestead. They also tend to If the road will be tarmarked, dust will reduce
livestock by fetching water for them. and transport services will be more efficient.
due to poverty and inadequate This will provide opportunities for the women
household income, women have had to travel to further towns such as Mandera to
to acquire income through trade of source stock for their businesses at a cheaper
miraa and cigarettes along the road, price in order to make more profits that will
which is dusty and affects their improve their livelihoods.
businesses.

Miscarriages due to Corrugation Invest in sexual and reproductive health by

Due to the current poor road strengthening the capacity of the local

194
conditions and corrugation, women in dispensary which does not have adequate
the area have experienced loss of resources to meet the health needs of women in
pregnancy during travels, as vehicles the area. also, when the road has been upgraded
over-speed due to insecurity to avoid to bitumen standards, it will be easier for the
being targets of bandits’ along the women to travel the 10km distance to access
road. Wajir Level V Hospital in town. Currently
transport services are very limited and one has
to plan way in advance to travel.
Job Opportunities During construction, the contractor should
The community is generally poor and provide equal opportunities for available jobs
the women who have mostly had to for men and women.
rely on men are now forced to look for
supplementary income for the
household. During construction of the
road project, the women would like to
be considered for the jobs that will be
available.
Relief
The area is dependent on relief food
from the government.
Orphans and Widows
There are a considerable number of
orphans and widows in the community
and in this households the women are
the heads. There are no households
headed by children because orphaned
children are usually distributed among
relatives.

Control and Access of Property Strengthen accountability during RAP

The men make final decisions with compensation for enhancing women’s rights

195
 regard to property. Sometimes this and ending gender discrimination through
decision is done through consultation eliminating inequalities in access to property.
with the family but most times the
men have the final decisions made.
Permission has to be sought from
husbands or male representative for
any activity that a woman wants to be
involved in, including access to
household or community property.
Water and Sanitation Investing in labor saving technologies such as
The women are burdened with piped water closer to the homesteads will great
fetching water for the households and improve the women livelihoods.
livestock which takes a lot of their Proposal of construction of community ablution
productive time that would otherwise blocks for the community by the project to
be used in income generating assist in improving health, protecting people’s
activities. There are no toilet facilities safety and dignity, particularly for women and
in the area and the only available girls.
latrines are found in the school and
health centre.
Men Household Heads and Main
Providers
Men are considered as heads of their
respective families and are held
responsible for all family matters.
Decision regarding sale of livestock,
mobility and restocking are the
responsibilities of men.

196
Key Issues Raised During Public Consultation in all the Settlements Situated along Kotulo (Mandera)- Elwak Road Sub Section:

1. Will the community be genuinely compensated by the All 6 Towns/ 1. The community was assured that in line with the World
Compensation government or will this only turn into forced settlements bank Operational policies on involuntary resettlement
Expropriation evictions? and the Constitution of Kenya Section 40, both required
2. Compensations should be made before road prompt and complete compensation prior to construction
construction process begins. of the road.
3. PAPs asked whether compensation amount will be 2. The compensation will be at individual level for
payable to the community or to individuals? businesses and personal households affected and at
4. Will the poor and the orphans (children) who have community level for any communal land. Relevant laws
established settlements along the road be and procedures will be used when valuing properties
compensated? and we shall abide by the law
5. Poverty levels are high and the structures are not of 3. The poor and the orphaned children who have
better value. The community proposes that established homes on the ROW will be compensated as
considerations be made during compensation so that it is their right. This RAP provides compensation on all
their living standards can be uplifted. affected persons to be paid out the particular owners, so
6. How will those with Businesses be compensated? long as they were present by the cut-off dates. The
7. Is it possible for there to be a small traders section Census confirmed that there were child headed
constructed for the business owners whose households among the PAP population in Borehole-11.
businesses have been affected in Borehole 11? 4. We shall propose relevant safeguard measures to the
proponent to include additional measures, on project
design modification, that may be required to address
adverse effects on the vulnerable Population and to
provide them with culturally appropriate project benefit.

Duration before relocation 1. The community requested that other than the All 6 The community was assured of constant engagement with
compensation being done properly and prior to Towns/settlements regards to such important information as this was their right.
relocation, that the public be consulted prior to it for They have as Kenyan citizens a right to free and all access
there to be adequate time and resources to assist to information relevant to them with regards to this project.
those moving to make a move that’s not coerced or
forced.

197
Employment of local staff 1. The locals requested that their youth get formal and Elwak Town This RAP proposes that during construction phase of the
during road construction casual employment in the project so as the project, that poor PAPs be given special attention to ensure
community can benefit further economically. Kutulo Mandera that they get:
2. The community asked that the government give their 1-Casual Labor opportunities as supplementary income
youth priority. It is also worthy to note that a lot of sources;
non-locals who have come in search of jobs from 2-Equal opportunities to both men and women as the
Nyeri and Meru Sub-county have been killed in women are very interested in these jobs;
Elwak. That interest is shown, women who would like to provide
3. The women were interested in the jobs stemming support services to the construction workers be assisted to
from the project but because of cultural restrictions understand the procedures required to legalize their small
are not sure they would despite the interest be businesses.
allowed to partake of them. 3-That the Community leaders-elders would sit down and
agree which of the jobs stemming from the project were
permissible for the girls and women to undertake.
Community engagement in The community were of the perception that the road The community was educated on the history of the project,
designing of the this road alignment was designed in Nairobi and only when it was Kutulo-Mandera in which it was explained that during the original design of
and other feeder roads complete were they notified that their land may be this road in 2010 the community was consulted and that this
among that which may be acquired. process was to just to re-verify the road alignment that was
designed before.

The community asked about the duration of the road

Haste of Building the road. construction from start to finish and when the road Elwak Town The community was assured that the road construction
construction would commence. would only take place after compensation .This process
Kutulo-Mandera prior to construction would be done over a duration of time
that the government would communicate.
Provision of community
Civic Education of the It was noted that the community had no prior Kutulo-Mandera The community was assured that this would be taken into
project, its components & understanding of what compulsory acquisition is and consideration in future engagements.
logical process as well as what compensation is as well as those elligible for it.
the process of compulsory The public participation meetins doubled up as civic
acquisition. education meetings . Some of the more educated
members of community asked that in future the
members of community be educated first on the process
before it begins ;ie having a budget set aside for civic
education prior to introductory and public participation
meeting.

198
Burial sites that fall in the Request that graveyards should not be touched by the Kutulo-Mandera It was agreed during the Public meeting In Kutulo that all
ROW project because culturally (Islamic culture) it is areas where the RoW was affected graveyards has been re-
forbidden. If the surveyors and the valuation teams find aligned to avoid the graves and structures. Boundaries of
graveyards, we request that they should change the these cultural physical resources were collected to ensure
road alignment to avoid them. that the re-alignment does not affect them.
st
This was done in Elwak where the Bypass was 1 This was done in Elwak with regards to the Bypass that prior
proposed to pass through a settlement which has a lot to realignment was to cut across a settlement that had a lot
of burial sites but was later, after a meeting with the
of graveyards. The Pictures and coordinates for this are
community moved to a location with less inhabitants but
within the same Sub-location available in this report Focus Group Discussions.

The proponent should discuss with the County The community asked that the project uplift their livelihood
Live-lihood Restoration Governments of Wajir so that those doing business Elwak Town means and not leave them with worse off conditions and it
along the road can be relocated to continue running was agreed that the community would be consulted as to
their businesses. Bore-hole 11 the mode of livelihood restoration engagements that they
would like to ensure that this project leaves them in a better
place. The community in Borehole-11 requested for a
traders park adjacent to the Row in Borehole 11 to enable
them to benefit from the Traffic.
The community especially those in Borehole 11 where
Businesses along the road the road completely acquired land currently holding the Elwak Town The community was assured that the World bank doesn’t
entire market requested for a bus-park traders market to believe in destruction of livelihoods wether or not the PAP
be constructed adjacent to the proposed road so as to Borehole-11 has good title of the land on which his/her business is
allow them to not just continue with trading but to benefit sitting.As with this being the main strand of thought of the
from the myriad of buses passing by on their way to conceptualisation of this project, every business in the ROW
Kutulo-Mandera
upper Mandera and Elwak. and inventoried prior to the cut off date would be
compensated.
Daba-city

199
ANNEX D: LETTER FROM KOTULO (WAJIR) SENIOR CHIEF ON SUPPORT OF
PAP PROPERTY OWNERSHIP

200
ANNEX E: DOCUMENTATION OF LAND OWNERSHIP IN PROJECT AREA

201
202
203
ANNEX F: PHOTOGRAPHS

The proceedings of the consultation meetings are shown in the photo plates below:

Pla
te
11:
Co
nsu
ltat
ion
Me
etin
g
Plate 12: Meeting with CEC Lands and
with CEC Roads
Planning

Plate 13: Planning meeting at Tarbaj Sub Plate 14: FGD meeting by consultants
County with chiefs Tarbaj Town

Plate 15: Consultation meeting at Kotulo Plate 16: Consultations with security at
Sub- County Elwak, Mandera

204
Plate 17: Consultation with local leaders Plate 18: Consultation meeting at Wajir
at Elwak Central Sub – County

Plate 19: The Consultant and NGAOs at Plate 20: Security personnel during RAP
Elwak Study at Bulla- Afya Location, Mandera
County

Plate 21: Consultation with Women at Plate 22: Consultation with ADAPC Tarbaj
Dimu on affected Police Fence at Tarbaj AP
Camp

205
Plate 23: Public Consultation Meeting Plate 24: Public Consultation Meeting for
for Halane / Wagberi Settlement at Tarbaj Town Settlement at Tarbaj Sub –
Halane Location Chief’s Office County Headquarters

Plate 25: Consultation with Community Plate 26: Consultation with the Community
Elders and Religious Leaders at Tarbaj on Formation of GRM Committee at Tarbaj
Mosque Town

Plate 27 : FGD at Hungai Settlement

Plate 28: Public Consultation Meeting for
Kotulo Settlement at Sub County
Headquarters

206
Plate 29: Public Consultation Meeting
for Wargadud Settlement at Wargadud Plate 30: Public Consultation Meeting with
Market the Youth at Dimu Settlement

Plate 31: Public Consultation with the Plate 32: Public Consultation with the
Community at Borehole 11 Settlement Community at Elwak Town held at the
Mandera Central Sub-County
Headquarters

207
ANNEX G: DETAILED ASSETS INVENTORY & VALUATION ROLL

208
Annex H: Community Voluntary Land Donation Consent Form

COMMUNITY LAND RESOLUTION AND CONSENT FORM FOR VLD

ITEM DESCRIPTION

Project name

Name of Investment

Detailed specifications of investment

Project Location:

GPS coordinates

Estimated cost of the investment

Please attach the community barazaa minutes and summary safeguards report explaining how the
requirements for voluntary land donation for this investment have been met.

TERMS OF THE AGREEMENT

1. As discussed in our community baraaza on ………………………..to which all residents and regular
users of the investment area (specify) ……………………………………………………………….. were
invited. We the nominated representatives at that meeting confirm that the following issues
were discussed and the residents and regular users of this land are in unanimous agreement.
2. That , ……………………………………………………………………………….. shall be site of the proposed
……………………………………………………………………….. and that:
3. We all are aware that the land set aside for the investment is community land and no one is
claiming individual ownership because it belongs to all of us, and no alternative claims will be
made later on the land.
4. We have all agreed unanimously that the project implementation should continue.
5. We will all allow other neighbouring and cross-border communities access to the investment
as agreed between elders of both communities.
6. We all shall strive to peacefully resolve any conflicts with other communities concerning the
investment.

209
 7. We will would strive to peacefully co-exist and resolve any conflict arising out of the
investment facility following due process provided by the laws of Kenya.
8. The land to be donated was identified in consultation with all residents and users of the land.
9. We all understand the likely impacts of proposed activities on donated land.
10. We all understand that the community could have refused this investment.
11. We all agreed to this investment and donation of the land without coercion, manipulation, or
any form of pressure on the part of public or traditional authorities.
12. We all agreed that we not require any monetary or non-monetary benefits or incentives as a
condition for the donation.
13. Donation of land will not adversely affect the livelihoods of occupiers and users of the land.
14. If any structure will be moved or any access to land be limited as a result of the sub-project,
support will be provided to the individual so their livelihoods are not adversely affected.
15. The land is free of encumbrances or encroachment and is not claimed by any individual and
its ownership is not contested.

We have been designated by the community of (__________________________________________,

____________________________________, __________________________________________)

Confirm the above information to be true and that we have resolved to abide by ALL terms of this
agreement. (Please attach minutes of the community meeting including the signed attendance sheet
and photos of the meeting).

S/No. Name Village/Location ID/No. Signature

1.

2.

3.

4.

5.

Witnessed on this ………. Day of ………………….. in the Year…………………..: by:

1. Area Chief

Name ID/No. Signature & R/Stamp

2. Ward Administrator

210
Name ID/No. Signature & R/Stamp

3. Land Registrar/adjudication officer

Name ID/No. Signature & R/Stamp

4. County Government (Physical Planning Department)

Name ID/No. Signature & R/Stamp

5. County Ministry Relevant to the project e.g. Water/Livestock Production etc.

Name P/No. Designation Signature &

R/Stamp

211
6. County Project Team Leader

Name ID/No. Signature & R/Stamp

212