ABBREVIATED RESETTLEMENT ACTION PLAN - ?· abbreviated resettlement action plan . ... proponent . republic…

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    ABBREVIATED RESETTLEMENT ACTION PLAN FOR

    THE CONSTRUCTION OF MWARIRO MARKET SITUATED IN NAIROBI CITY COUNTY

    PROPONENT

    REPUBLIC OF KENYA

    MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT THROUGH NAIROBI CITY COUNTY

    RAP CONSULTANTS

    DATE: 2nd March, 2017

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  • Mwariro Market Final RAP Report

    Impulso- AWEMAC-EcoPlan 2017 Page i

    ACKNOWLEDGEMENT

    We, Impulso-Eco Plan-AWEMAC through this Resettlement Action Plan report for the Nairobi Metropolitan Services Improvement Project (NaMSIP) project, would like to acknowledge with great appreciation all the consultants that took their time and showed relentless effort towards achieving the desired deliverable of this assignment.

    Our gratefulness is also unto the Nairobi City County Government, the Kariokor Market Administrator, the project area occupants, all stakeholders and respondents who participated in the whole process for their cooperation throughout the exercise.

    Finally, we thank the Ministry of Transport, Infrastructure, Housing and Urban Development for believing in us and entrusting us with the work and for the support they provided every step of the way in ensuring that this Resettlement Action Plan (RAP) is successfully achieved; and World Bank for crediting the ministry with funding for the project.

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    EXECUTIVE SUMMARY

    The Ministry of Transport, Infrastructure, Housing and Urban Development through the Nairobi Metropolitan Services Improvement Project (NaMSIP) intends to upgrade 15 markets within the Nairobi Metropolitan Region. This initiative is financed by the World Bank with the objectives of providing an enabling physical space for organized markets; creating market linkages for products; fostering access to services so as to promote efficiency and quality of products and promoting reliable linkages with financial institutions. The goal is to enhance livelihoods especially for the urban poor who are operating as vendors in these select markets.

    The Ministry through NaMSIP and the Nairobi City County Government (NCCG) identified and selected Mwariro as one of the target sites. Currently, the site is occupied by 16 PAPs as a youth Group, headed by a chairman and secretary. The youth group guards the site and at the same time undertakes gardening on a portion of the land. However, they are also engaged in other economic activities outside the market site. The PAPs are as tabled below.

    Summary of People to be Affected Type of PAP Number in

    Mwariro Market Proportion of total

    Informal settlers 16 100%

    According to World Banks Resettlement Policy, OP 4.12 involuntary resettlement, the NaMSIP Resettlement Policy Framework (RPF) and the guidelines from the National Land Commission, it is required that an independent Resettlement Action Plan (RAP) be prepared for any project that potentially causes physical, social and economic displacement to the individuals or community that derives either or both social and economic benefit on site set for development.

    The main objective of this RAP was to ensure adherence to set guidelines and procedures in mitigating the adverse impacts that might occur during the project implementation in terms of displacement. Based on this requirement, IMPULSO-AWEMAC-ECOPLAN Consortium was engaged as an independent consultant to assist the Ministry of Transport, Infrastructure, Housing and Urban Development to develop a RAP to ensure that Project-Affected Persons (PAPs) are consulted so as to safeguard their socio-economic interests. This RAP builds upon public consultations, negotiations and agreements with the Nairobi County Government, youth group occupying the site and their head. This RAP also undertook to ensure that a proper inventory of assets on the project site was prepared and that stakeholders were properly consulted. The cut-off date for PAP enumeration was set as 10th August, 2016. The occupants have put up 2 small, temporary structures that serve as a bathroom and a security room. The summary of findings was as shown: The estimated resettlement cost of Mwariro Market is KES. 364,000.

  • Mwariro Market Final RAP Report

    Impulso- AWEMAC-EcoPlan 2017 Page iii

    Summary of Estimated Values of Assets

    Value of Developments on site Estimated Value (Kshs) Structures 40,000

    Crops - Arrow roots, sweet potatoes, sugar cane etc. 0

    Sub-Total 40,000 Loss of Business Estimated Value (Kshs)

    16 PAPs 240,000

    Riverside Youth Self-help Group 0

    Sub-Total 240,000

    Total of Sub-Totals 280,000

    Administrative and Planning Costs Estimated Value (Kshs)

    30% of overall budget 84000 Grand Total 364,000

    Summary of Estimated Resettlement Budget Item Note Amount Kes Construction Costs

    0

    Administration and Planning costs

    Add 30% design, planning and miscellaneous- This includes marking, allocation process, supervision, labour, security, professional fees etc0%

    84,000

    RAP budget 280,000 Total 364,000

    The objectives of the study were met using systematic, integrated, participatory and collaborative approaches. Information was collected through field investigations, structured questionnaires, census, assets inventory, document reviews and photography. The RAP followed a standard outline as provided by World Banks guidelines as reflected in contracts Terms of Reference, which form the scope of this report. The level of detail included results of a reconnaissance study that formed the social baseline, a description of income restoration options, a description of procedures for grievance redress, institutional responsibilities for implementation, an entitlement matrix and a detailed budget with source of funds.

    Following extensive consultative activities, this report proposes the following resettlement assistance:

  • Mwariro Market Final RAP Report

    Impulso- AWEMAC-EcoPlan 2017 Page iv

    1. Resettlement Support: cash compensation for loss of livelihoods from employment and crops.

    2. In-kind Assistance: Causal Employment during the market construction. 3. Allocation of stalls in the new market: to strengthen their income-

    generating activities and loss of 2 shades.

    There are many pieces of policies and legislation that relate to displacement of people and this report has reviewed the most relevant Policies reviewed are: The National Land Policy, the National Poverty Eradication Plan, the NaMSIP RPF and the Nairobi Metro Plan. The pieces of legislation reviewed include: The Constitution of Kenya of 2010, The National Land Commission Act of 2012, The Land Act of 2012, The Land Adjudication Act Chapter 95 of the Laws of Kenya, The Land Registration Act of 2012, The Urban Areas and Cities Act of 2011, National Gender and Equality Commission Act of 2011, HIV/AIDS Prevention and Control Act of 2006, The Roads Act of 2007, The Valuers Act, Cap 532, The Physical Planning Act, Cap 295, The Prevention, Protection and Assistance to Integrally Displaced Persons and Affected Communities Act of 2012, The Matrimonial Property Act of 2013, The Public Health Act, Cap 242 and the Environmental Management and Coordination Act, Cap 387 as well as other respective policies.

    This RAP report provides for a grievance redress mechanism regarding allocation of new stalls which aggrieved persons should use to get their issues resolved. It proposes the creation of a committee to oversee the grievance redress process. Emphasis is laid on timely addressing of grievances to ensure quick project implementation, sustainability and economic development. Prompt and fair compensation and allocation of stalls in the new market for eligible traders is also highly recommended, but this should be done after a comprehensive audit on their eligibility is done. The report proposes, from the projects feasibility study report, a schedule for implementation of activities and estimates a time period of 1 year for completion of the entire process of market construction, grievance redress and monitoring. Monitoring and evaluation will be undertaken to ensure that all potentially affected persons and stakeholders are happy and satisfied with the program and that their economic status is either improved or maintained in comparison to the pre-project period.

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    Impulso- AWEMAC-EcoPlan 2017 Page v

    ABBREVIATIONS AWEMAC Africa Waste and Environment Management Centre

    CBOs Community-Based Organizations

    DPs Displaced Persons

    EMCA Environmental Management and Coordination Act

    GDP Gross Domestic Product

    GIS Geographical Information System

    GMM Grievance Management Mechanism

    GRC Grievance Redress Committee

    HIV/AIDS Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome

    IMU Independent Monitoring and Evaluation Unit

    IRP Involuntary Resettlement Policy

    MoTIH & UD

    The Ministry of Transport, Infrastructure, Housing and Urban Development

    NaMSIP NCC

    Nairobi Metropolitan Services Improvement Project Nairobi City County

    NEAP National Environmental Action Plan

    NEC National Environmental Council

    NEMA National Environment Management Authority

    NGOs Non-Governmental Organizations

    NLC National Land Commission

    NLP Nat