ABBREVIATED RESETTLEMENT ACTION PLAN FOR INFRASTRUCTURE PROJECTS IN HURUMA, KAMUKUNJI AND MUNYAKA INFORMAL SETTLEMENTS, ELDORET MUNICIPALITY
Ref. No. KE-103877
2013-10-10
KAMUKUNJI SETTLEMENT MUNYAKA SETTLEMENT
Kenya Informal Settlements Improvement Project (KISIP) Component 3: Infrastructure and Service Delivery
Consultancy services for socio-economic surveys, infrastructure upgrading plans and detailed engineering designs in informal settlements
Contacts:
Dr. Robert ZwahlenEnvironment and
Social Development Specialist
Pöyry Energy Ltd.
Hardturmstrasse 161, P.O. Box
CH-8037 Zurich/Switzerland
Tel. +41 44 355 55 54
Mobile+41 76 356 21 13
Fax +41 44 355 55 56
/ Sven Bolomey
Manager of Engineering Components
Pöyry Infra Ltd.
Hardturmstrasse 161, P.O. Box
CH-8037 Zurich/Switzerland
Tel. +41 44 355 55 55
Mobile+41 76 356 28 61
Fax +41 44 355 55 56
Steve Ouma
Executive Director
Pamoja Trust
Mbaru road off Mucai Road
P. O. Box 10269 – 00100 Nairobi, Kenya
Tel.+254 20 3871504
+254 72 0896025
Fax+254 20 3865752
/ Elisha Akech
Chief Executive Officer (CEO)
GA Consultants Ltd.
Standard Building, Standard Street
P.O. Box 2670 00100 Nairobi, Kenya
Tel. +254 20312 931
Mobile+254721629 706
Fax +254
Copyright © Ministry of Lands Housing and Urban Development
This report has been prepared by Pöyry Energy AG (“Pöyry”) for the Ministry of Lands Housing and Urban Development of the Government of Kenya (the “Recipient”) under Consultancy Services for socio-economic surveys, infrastructure upgrading plans and detailed engineering designs in informal settlements.
Front cover photos: by Marlon Konchellah on 15th March 2013
Panorama for Kamukunji and Munyaka settlements.
FACT SHEET
Project Name / Kenya Informal Settlements Improvement Project (KISIP)Assignment Name / Consultancy for socio-economic surveys, infrastructure upgrading plans and detailed engineering designs in informal settlements
Lead Implementing Agency / Ministry of Lands Housing and Urban Development
Funding Agencies / Government of Kenya, World Bank, AFD, SIDA
Consultants / POYRY, GA Consultants, Pamoja Trust
Start Date / February 20, 2012
Completion Date / October 20, 2013
Team Leader / Robert Zwahlen, POYRY
Deputy Team Leader / Steve Ouma, Pamoja Trust
Target settlements / Eldoret –Huruma/Mwenderi, Munyaka, and Kamukunji
Prepared by:
Consultants / Pamoja Trust, GA Engineering and Pöyry Energy AG (“Pöyry”)Signed:
Date
Approved by:
Client: / Ministry of Housing, Government of Kenya (the “Recipient”).Signed:
Date:
EXECUTIVE SUMMARy
The Ministry of Lands Housing and Urban is implementing the Kenya Informal settlements Improvement Project (KISIP) in 15 municipalities. Mombasa is one of the municipalities chosen to participate in the project based on defined criteria. The project is jointly financed by the World Bank, the Swedish International Development Agency (SIDA), the French Agency for Development (AFD) and the Government of Kenya (GoK). The project’s development objective is to improve the living condition of people living in the informal settlements through securing land tenure and provision of infrastructure and services.
KISIP is implementing infrastructure improvement projects in four informal settlements in Eldoret. The settlements are Huruma/Mwenderi, Kamukunji, and Munyaka. The types of infrastructure that will be implemented in the settlements include: upgrading of roads, security flood lightning, storm water drainage, and rehabilitation of sewer. These projects will be responding to the current challenges within the settlements as identified and prioritized through community consultation.When implemented, the projects will benefit an estimated population of 37,724 in the settlements in improved accessibility, drainage, security, and better sanitation.
The nature of implementation of the proposed projects will trigger some minor displacement of assets and livelihoods. However, no private land will be expropriated as all the affected assets are encroachments on designated public way leaves. This Resettlement Action Plan (RAP) has been prepared in conformity with the World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12), the Resettlement Policy Framework (RPF) that was approved prior to the project approval, and Government of Kenya legal framework governing resettlement issues.
An Environmental and Social Impact Assessment (ESIA) for the project has been conducted and identified displacement as a potential project impact. To mitigate, the likely displacement impacts, the ESIA proposed the development of this RAP. A total of 103 Project Affected Persons (PAPs) have been identified through community consultations and surveying of the road corridors. The distribution of PAPs is as follows: Huruma/Mwenderi has 321 PAPs, Kamukunji has 53 PAPs, and Munyaka has 4 PAPs. The kinds of losses identified are temporary structures, house extension erected on way leaves, and temporary market stalls and kiosks.In addition, livelihood losses have been identified for traders who sell their wares on the road corridors and will have to move to alternative sites.
Consultations with the PAPs have been undertaken to discuss and agree on the mitigation options. The PAPs recognize that they illegally occupy land reserved for infrastructure development particularly roads and are willing to remove their structures and temporal businesses to pave way for the project.The population affected by this project, includes people occupying land on the road reserve in violation of Kenyan laws. These groups of people; who are often referred to as encroachers, are not entitled to compensation for loss of land under both the OP 4.12 and the government of Kenya laws. However, they are entitled to compensation for any improvement made to the land as well as to resettlement assistance if they occupied the project area before an established cutoff date. The estimated compensation sum has excluded the value of land, due to it being designated as a road reserve and therefore no individual has a legal ownership claim on any part thereof.
A census and socio-economic survey of the PAPs was undertaken and a PAP register prepared. A valuation of the affected assets and livelihoods has been undertaken and an entitlement matrix and compensation package proposed in this RAP. The RAP proposes the settlement of compensation and resettlement assistance before the commencement of the project. The Uasin Gishu County Government will give alternative space for traders who will be displaced in the existing markets in Huruma/Mwanderi and Kamukunji. In Munyaka, where there is no market space, the affected structures will be compensated at full replacement cost. Resettlement assistance in form of transport, labour for removing structures and loss of livelihoods will also be offered to the PAPs. This RAP will also be publicly disclosed.
The construction of the proposed infrastructure (roads, drainage, sewer line, and security lightning) will greatly improve the living conditions of the inhabitants in all the four settlements. With the implementation of mitigation measures such as this RAP, the overall social impacts of the project will be minimal. The project will also offer significant socio-economic opportunities for communities and the population of the area.
1
Table of Contents
EXECUTIVE SUMMARy
LIST OF TABLES
Table 1.2: Proposed Projects per Settlement
1.1Background
1.2Project Description
1.2.1General Project Description
1.2.2Selected Settlements in Eldoret
1.2.3Proposed Projects
Table 1.2: Proposed Projects per Settlement
1.2.4Project Impacts
1.3Statement of the Problem and Need for RAP
1.4Objectives of RAP
2POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
2.1Applicable GoK Policy and Legal Framework
2.2World Bank Safeguard Policies
2.3Gaps between OP 4.12 and GoK Policies
2.4Institutional Responsibilities for RAP
3RAP PROCESS
3.1Census of PAPs
3.2Inventory of Project Affected Assets
3.3Inventory Project Affected Persons (PAPs)
3.4Socio-Economic Survey of PAPs
3.4.1Huruma/Mwenderi Settlement
3.4.2Munyaka Settlement
3.4.3Kamukunji Settlement
3.5Cut-Off Date
3.6Valuation of Assets
3.7Community Consultation and Participation
4COMPENSATION AND RESETTLEMENT ASSISTANCE
4.1Eligibility Criteria
4.2Entitlement Matrix
4.3Notification
4.4Payment of Compensation
5GRIEVANCE REDRESS MECHANISM
6IMPLEMENATION SCHEDULE
7MONITORING AND EVALUATION
7.1Objectives of Monitoring and Evaluation
7.2Monitoring and Evaluation Framework
8COST AND BUDGET
9DISCLOSURE
10CONCLUSION
ANNEXES
List of Acronyms and Abbreviations
AFDRIM / Agence Francaise de Developpement
Register Index Map
CBO / Community-based Organization
CDF / Constituencies Development Fund
CEMP / Community Environmental Management Plan
EA / Enumeration Areas
EIA / Environmental Impact Assessment
EMP / Environmental Management Plan
ESIA / Environmental and Social Impact Assessment
FBO / Faith-based Organization
FGD / Focus Group Discussion
GoK / Government of Kenya
KISIP / Kenya Informal Settlements Improvement Project
KMP
SEC / Kenya Municipal Program
Settlement Executive Committee
KNBS / Kenya National Bureau of Statistics
KURA / Kenya Urban Roads Authority
KWFT / Kenya Women’s Finance Trust
LA / Local Authority
LASDAP / Local Authority Service Delivery Action Plan
LATF / Local Authority Transfer Fund
MCM / Municipal Council of Mombasa
MM / Man Month
MoH / Ministry of Housing
MoL
MoLH&UD / Ministry of Lands
Ministry of Lands Housing and Urban Development
NACHU / National Cooperative Housing Union
NEMA / National Environment Management Authority
PAD / Project Appraisal Document
PAP / Project Affected Person
PDP / Part Development Plan
RAP / Resettlement Action Plan
SIDA / Swedish International Development Agency
SPA / Special Planning Area
SRS / Simple random sampling
SUP / Settlement Upgrading Plan
ToR / Terms of Reference
WaSSIP / Water and Sanitation Services Improvement Project
WSB / Water Services Board
WSTF / Water Services Trust Fund
LIST OF FIGURES
Figure 1.1: Location of settlements in Eldoret Municipality
Figure 1.2: Map of Huruma/Mwenderi with verified boundaries
Figure 1.3:Map of Kamukunji settlement with verified boundaries
Figure 1.4: Land use map of Mkomani settlement with verified boundaries
Figure3.1: Shop extension in Huruma
Figure3. 2: Kibanda(kiosk)
Figure 3.3: Aerial view of Kamukunji
Figure 3.4: One of PAPs structure
Fig5. 1: Grievance Redress Mechanism
LIST OF TABLES
Table 1.1: Socioeconomic baseline information for each settlement
Table 1.2: Proposed Projects per Settlement
Table 2.1: Relevant Laws Related To Resettlement
Table2.2: Statutory Institutions with Roles in the RAP process
Table 3.1: Affected Structures
Table 3.2: Categories of Project Affected Persons
Table 4.1: Entitlement Matrix
Table 6.1: Proposed Implementation Schedule
Table 7.1: RAP Monitoring Plan
Table 7.2: RAP Monitoring Framework
Table 8.1: Proposed budget for RAP
1.0INTRODUCTION
1.1Background
The Kenya Informal Settlements Project (KISIP) is a five year project of the Government of Kenya (GOK) with support from the World Bank, through The International Development Association, (IDA), the Swedish International Development Cooperation Agency (Sida) and the Agence Française de Development (AFD). The overall project development objective is to improve living conditions in informal settlements in fifteen (15) selected municipalities in Kenya, by improving security of land tenure and investing in infrastructure based on plans developed in consultation with communities.
KISIP is housed by Ministry of Lands Housing and Urban Development and implemented in close partnership with the 15 participating municipalities of Eldoret, Embu, Garisa, Kakamega, Kericho, Kisumu, Kitui, Machakos, Malindi, Nakuru, Nairobi, Naivasha, Nakuru, Nyeri and Thika; selected on the basis of agreed criteria.
The KISIP is desirous to ensure that environmental and social issues are adequately identified and addressed in all its components and in particular for infrastructure investments. To achieve this, an Environment and Social Management Framework (ESMF) and Resettlement Policy Framework (RPF) have been prepared and approved. The key objective of the ESMF and RPF is to provide a framework for systematic and effective identification and management of environmental and social issues for KISIP. The ESMF provides guidance on integrating of environmental issues into project design and implementation; while the RPF provides guidance on mitigating the likely impacts associated with land acquisition and displacement. The ESMF/RPF forms part of the financing agreement between the World Bank and the Government of Kenya.
Component three of KISIP supports investment in settlement infrastructure such as roads, bicycle paths, pedestrian walkways, street and security lighting, vending platforms, solid waste management, storm water drainage, water and sanitation systems, public parks and green spaces. Poyry Consultants in association with GA Consultants and Pamoja Trust have been contracted under the Consultancy services for socio-economic surveys, infrastructure upgrading plans and detailed engineering designs in informal settlements,in Nakuru, Nakuru and Eldoret. The development of the RAP is part of the assignment under this consultancy.
Prior to the undertaking of this RAP, the proposed projects were screened for both environmental and social impacts. The screening identified limited displacement of structures built on the way leaves and likely temporal livelihood disturbance as likely impacts. This RAP has been prepared in conformity to the World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12), the Resettlement Policy Framework (RPF), the Environmental Management and Coordination Act, 1999 and other Government of Kenya policies and laws dealing with resettlement issues.
1.2Project Description
1.2.1General Project Description
The project has the following four components:
Component 1: Institutional Strengthening and Program Management: This component supports institutional strengthening and capacity building of the MoLH&UD, and the participating municipalities, as well as development of policies, frameworks, systems, and guidelines for slum upgrading.
Component 2:Enhancing Tenure Security: This component directly supports implementation of the new national land policy in urban informal settlements through refinement, systematization and scale-up of ongoing efforts to strengthen tenure security in urban informal settlements.
Component 3:Investing in Settlement Infrastructure and Service Delivery: This component supports the implementation of settlement upgrading plans that have been developed at the community level. Infrastructure investment that is eligible under KISIP includes the following: roads, bicycle paths, pedestrian walkways, street and security lighting, vending platforms, solid waste management, storm water drainage, water and sanitation systems, public parks and green spaces.
Component 4:Planning for Growth: Supporting Delivery of Serviced Land and Affordable Housing: This component supports planning and development of options that facilitate delivery of infrastructure services, land and housing for future population growth. The objective is to provide an alternative to the current chaotic practice of informally establishing settlements on any open land.
1.2.2Selected Settlements in Eldoret
In Eldoret municipality, the following informal settlements are targeted for infrastructure improvement:
a)Huruma/Mwenderi settlement: 70.9 ha, population estimated at 15090 inhabitants
b)Kamukunji settlement: 11.1 ha, population estimated at 4527 inhabitants
c)Munyaka settlement: 88.2 ha, population estimated at 18107 inhabitants
Figure 1 shows the locations of the settlements relative to each other within Eldoret municipality.
Figure 2.1: Location of settlements in Eldoret Municipality
The following table presents a summary of socio-economic data for the three settlements.
Table 1.1: Socioeconomic baseline information for each settlement
City / Unit / EldoretSettlement / Huruma/Mwenderi / Kamukunji / Munyaka
Area / ha / 70.9 / 11.1 / 88.2
Clusters / 4
Big Five
Gatanga
Nyathiru
Pilot / 6
Stage 1
Stage 2
Stage 3
Stage 4
Stage 5
Stage 6 / 4
Bahati
Cyrus
Munyaka
Mwitirithia
Socio-economy
HH / N / 289 / 274 / 279
Mean HH size / N / 3.4 / 4.1 / 4.8
Inhabitants / N / 15090 / 4527 / 18107
Female headed HH / % / 20 / 25 / 22
Unemployment / % / 15 / 14 / 16
Land/house owners / % / 15 / 12 / 58
Tenants / % / 79 / 85 / 39
Other (occupant) / % / 7 / 3 / 3
Years resided in current settlement / Y / 9.8 / 11.2 / 10.8
Feels tenure is secure / % / 95 / 88 / 78
Have electricity / % / 83 / 54 / 37
Have piped water - in-house or shared tap in compound / % / 88 / 46 / 68
Obtain water from boreholes or wells / % / 3 / 9 / 14
Households who say there is street lighting that works most of the time / % / 33 / 8 / NA
Households who say that the main access road is tarmac, gravel, murram or paved (not earth) / % / 51 / 34 / 14
Toilet facilities
No facility / % / 0.3 / 1 / 0.4
Individual toilet - VIP, ordinary pit, WC / % / 82 / 91 / 86
Shared/public toilet / % / 23 / 8 / 14
Excreta disposal system
Formal connection to public sewer / % / 54 / 55 / 2
Informal connection to public sewer / % / 16 / 7 / 0
Septic tank / soak pit / % / 2 / 2 / 2
Pit latrine / % / 27 / 34 / 96
Drainage
Households with a drain outside their home / % / 71 / 33 / 11
Garbage disposal system
Dumping in own neighbourhood / % / 39 / 37 / 49
Burning / burying / dumping in own compound / % / 30 / 29 / 51
Organized private collection system / % / 23 / 15 / 0
Municipality collection system / % / 5 / 1 / 0
1.2.2.1Huruma/Mwenderi
Huruma/Mwenderi is located in Eldoret North Consitutency, Huruma Ward, Turbo location and Kapyemit sublocation and is approximately 3 km northeast of downtown Eldoret (Figure 1.2).
Figure 1.2: Map of Huruma/Mwenderi with verified boundaries
Source: Prepared by Malachi Odongowith Google Earth on August 30, 2012
Between 1974 and 1976, the Kingongo Farm put up 120 acres for sale. This land was bought as a collective, with individuals owning shares. The farm directors opted to sell to “common citizens” rather than to wealthy landowners and farmers (FGDs 2012). This is the origin of the name ‘Huruma’, which means compassion in Kiswahili.
Many of the residents of Huruma came from other slums within Eldoret town - and many were previously squatting in government forests in the region. These first residents opened up businesses that later gave names to the clusters in which they are found (e.g. Pilot, Gatanga, Nyathiru, Big Five and Flamingo).
Mwenderi’s history is similar. The land was purchased by 37 cooperative members in 1969 from a white settler by the name of Evanson. Each member paid Ksh 1020. The new owners called the settlement ‘Mwienderi’, which means ‘to love oneself’ in Kiswahili. The group moved onto the land in 1970 out of fear that others would lay claim to the area.
The settlements of Huruma and Mwenderi are composed primarily of people from the Kikuyu ethnic group. The community from the two settlements of Huruma and Mwenderi see themselves as a family. There is no developmental initiative that can happen in one and not extend to the other settlement.
The SEC members also come from both settlements (Huruma and Mwenderi). Although Huruma is much bigger than Mwenderi, the SEC chair comes from the latter. During post-election violence, the settlements were caught up in fighting with groups from another tribe that live on the other side of the Sosiani River. They have once again started dealing with each other through business interactions but remain mistrustful of each other.