MINISTRY OF WATER, SANITATION AND IRRIGATION

ATHI WATER WORKS DEVELOPMENT AGENCY (AWWDA)

NATIONAL URBAN WATER SUPPLY AND SANITATION PROGRAM

MURANG’A CLUSTER WATER AND SEWERAGE

PROJECT
RESETTLEMENT ACTION PLAN (RAP)

JULY, 2024

CONSULTANT CLIENT

Athi Water Works Development

Losai Management Limited Agency (AWWDA), Athi Water
Local Office: 15 Westlands Road, Plaza, Muthaiga North Road Off
Office No. 09 Kiambu Road Nairobi,
P.O. Box 30337 – 00100 Nairobi, P.O Box 45283-00100 Nairobi.
Kenya
 National urban program Water Supply and Sanitation Improvement RAP Report July, 2024
Works, Murang’a Cluster.

FACT SHEET

National urban Water Supply and Sanitation Program - Murang’a Cluster Water and
PROJECT NAME Sewerage Project.

Consultancy Services for Design and Construction Supervision of Murang’a Cluster

ASSIGNMENT NAME Water and Sewerage Project.

RAP REPORT Resettlement Action Plan for Murang’a Cluster Water and Sewerage Project.

IMPLEMENTING AGENCY Athi Water Works Development Agency (AWWDA).

FUNDING AGENCIES Government of Kenya through a loan from African Development Bank.

CONSULTANTS Losai Management Ltd.

START DATE February 2024

COMPLETION DATE 21 March,2024

TEAM LEADER Eng. Lawrence Mwangi

Thithi, Githingiri, Maragua, Weithega, Murang’a, Kawariua, Kanyenyaini, Chomo,

TARGET SETTLEMENTS Rwegetha, Chathanda, Kenol, Kabati, Rwathia

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SUBMISSION DETAILS
Certificate of Declaration and Document Authentication
This Resettlement Action Plan (RAP) for Murang’a Cluster Water and Sewerage Project has been
prepared under Consultancy Services for Design and Construction Supervision of Murang’a
Cluster Water and Sewerage Project by Losai Management on behalf of Athi Water Works
Development Agency (AWWDA).
Report Prepared by:
Team Leader’s Name:
Eng. Lawrence Mwangi
Signed: Date : July 2024

Environmentalist’s Name: Dr. Stephen Chege Wairuri

Signed: Date: July 2024

Sociologist’s Name: Risper Pete

Signed: Date: July 2024

Surveyor’s Name: Dr. Silas Muketha

Signed: Date: July 2024

Valuer’s Name: Gitonga Akotha

Signed: Date: July 2024

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Checked by:
Full Name of Authorized Representative:
Eng. Lawrence Mwangi

Signed: Date : July 2024

Eng. Lawrence Mwangi (Losai Management Ltd)

Client:

Signed ……………………………. Date………………………….

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LIST OF ACRONYMS

AfDB African Development Bank

AIDS Acquired Immune Deficiency Syndrome
AWWDA Athi Water Works Development Agency (AWWDA)
Consultant Losai Management Limited
CBO Community-Based Organization
CG County Government
CGRC Community Grievance Redress Committee
DCC Deputy County Commissioner
ESIA Environmental Social and Impact Assessment
EMSF Environmental and Social Management Framework
EMCA Environmental Management and Coordination Act
FGD Focused Group Discussions
GOK Government of Kenya
GO Grievance Officer
GRC Grievance Redress Committee
HIV Human Immunodeficiency Virus
HDPE High-Density Poly Ethylene
ICT Information and Communications technology
KeNHA Kenya National Highways Authority
KeRRA Kenya Rural Roads Authority
KURA Kenya Urban Roads Authority
MCA Member of County Assembly
MUSWASCO Murang’a South Water and Sanitation Company
MoPW Ministry of Public Works
MOWIS Ministry of Water and Sanitation
M& E Monitoring and Evaluation
NGO Non-Governmental Organization
NLC National Lands Commission
PA Project Area
PAPs Project Affected Persons
PMU Project Management Unit
RAP Resettlement Action Plan
RIC Resettlement Implementation Committee
RC Resettlement Committee
WASREB Water Services Regulatory Board
WRA Water Resources Authority
WSPs Water Service Providers

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SPA Service Providers Agreement

STP Sewerage Treatment Plant

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TABLE OF CONTENTS
FACT SHEET........................................................................................................................................2
SUBMISSION DETAILS.........................................................................................................................3
LIST OF ACRONYMS............................................................................................................................5
GLOSSARY OF TERMS ....................................................................................................................... 13
EXECUTIVE SUMMARY ..................................................................................................................... 17
1 INTRODUCTION ................................................................................................................... 63
1.1 General background ........................................................................................................................ 63
1.2 Program objective ........................................................................................................................... 63
1.3 Programe overview ......................................................................................................................... 63
1.4 Consultancy Services ....................................................................................................................... 64
1.4.1 Scope of Consultancy Services ........................................................................................................ 65
1.5 Environmental and Social Safeguards Documents .......................................................................... 66
2 PROJECT DESCRIPTION ......................................................................................................... 69
2.1 Project Area Description.................................................................................................................. 69
2.2 Project Components ........................................................................................................................ 71
2.2.1 Water Interventions......................................................................................................................... 72
2.2.2 Sewer Interventions ......................................................................................................................... 76
2.3 Sanitation Project Cost .................................................................................................................... 81
2.4 Water project cost ........................................................................................................................... 81
3 OBJECTIVES AND PRINICIPLES OF RAP................................................................................... 82
3.1 The problem and need for RAP ....................................................................................................... 82
3.2 Objectives of the Resettlement Action Plan.................................................................................... 83
3.3 Principles of this Resettlement Action Plan .................................................................................... 84
3.4 Scope of the Resettlement Action Plan ........................................................................................... 84
3.5 RAP Approach and Methodology .................................................................................................... 85
4. LEGAL AND INSTITUTIONAL FRAMEWORK ............................................................................ 86
5. SOCIO-ECONOMIC BASELINE CONDITION............................................................................ 113
5.1. Socio-Economic Context .................................................................................................................... 113
4.1 Methodology ................................................................................................................................. 113
4.2 Objective of the social Economic Survey ....................................................................................... 114
4.3 Social Economic Profile for the Project Affected Persons ............................................................. 115
4.4 Gatanga Location ........................................................................................................................... 115
4.5 Maragua Location .......................................................................................................................... 121
4.6 Kangema – Kangari Locations ........................................................................................................ 126

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4.7 Murang’a Location......................................................................................................................... 130

6. PROJECT IMPACTS ON PROJECT AFFECTED PERSONS AND PROPOSED MITIGATION MEASURE
136
5.1 Introduction ................................................................................................................................... 136
5.2 Impacts on Project Affected Persons ............................................................................................ 136
5.3 Impact on Institutions ................................................................................................................... 136
5.4 Impact on Land .............................................................................................................................. 137
5.5 Impact on Structures ..................................................................................................................... 137
5.6 Impact on Crops and Trees ............................................................................................................ 138
5.7 Impact on Businesses .................................................................................................................... 138
7. ELIGIBILITY CUT-OFF DATE AND ENTITLEMENT ..................... ERROR! BOOKMARK NOT DEFINED.
6.1 Eligibility for Compensation and Cut-Off Date .............................................................................. 140
6.2 Entitlement Matrix ........................................................................................................................ 130
8. STAKEHOLDER CONSULTATION AND COMMUNICATION. ..... ERROR! BOOKMARK NOT DEFINED.
7.1 Consultation and community participation................................................................................... 144
7.2 Aims and Objectives of Stakeholders Consultation and Public Participation (CPP) ...................... 144
7.3 Stakeholder Categories ................................................................................................................. 145
7.4 Future Stakeholder Plan ................................................................................................................ 152
a. INSTITUTIONAL ARRANGEMENT FOR RAP IMPLEMENTATION .......... Error! Bookmark not defined.
b. RAP IMPLEMENTATION PROCESS.................................................................................................. 152
c. LIVELIHOOD RESTORATION PROGRAM ......................................................................................... 153
12. GRIEVANCE REDRESS MECHANISM ..................................................................................... 160
8.2 Grievance Handling Mechanism Structure .................................................................................... 161
13. RESETTLEMENT AND COMPENSATION STRATEGIES ............................................................. 171
9.1 Key Principles in Resettlement and Compensation Strategies...................................................... 172
9.2 Resettlement Implementation Arrangements .............................................................................. 172
a. 174
9.3 RAP Activities Implementation Process Flow ................................................................................ 174
9.4 Institutional Arrangement ............................................................................................................. 175
14. VALUATION METHODOLOGY AND BUDGET ........................................................................ 180
a. Valuation and Related Legal Issues ............................................................................................... 175
b. Valuation Methodology ................................................................................................................. 180
c. Factors considered during Valuation............................................................................................. 181
d. RAP Budget .................................................................................................................................... 184
15. MONITORING AND EVALUATION ........................................................................................ 188
a. Monitoring and Evaluation Components ...................................................................................... 188

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i. Measuring & monitoring performance.......................................................................................... 188

ii. Impact monitoring ......................................................................................................................... 188
b. Internal Monitoring ....................................................................................................................... 192
i. Internal M & E Reporting ............................................................................................................... 193
c. External Monitoring............................................................................ Error! Bookmark not defined.
i. External M & E Reporting .............................................................................................................. 193
d. Monitoring Indicators .................................................................................................................... 193
i. Monitoring and Evaluation Indicators ........................................................................................... 193
ii. Evaluation Tools ............................................................................................................................ 193
16. CONCLUSION AND COMMITMENTS .................................................................................... 195
a. Conclusion ..................................................................................................................................... 195
b. Commitments ................................................................................................................................ 195
17. ANNEXES ........................................................................................................................... 196

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LIST OF TABLES
Table 5-2 Administrative units traversed by the project ............................... Error! Bookmark not defined.
Table 2-1: Project components for Murang’a Cluster Water and Sewerage Project ................................. 71
Table 2-2: Summary of Kabati Sewers details............................................................................................. 77
Table 2-3: Summarized design details for Proposed Sewers ...................................................................... 79
Table 2-4: Summary of Murang’a Sewers details ....................................................................................... 80
Table 2-5: Summary of the project cost......................................................... Error! Bookmark not defined.
Table 2-6: Summary of the project cost...................................................................................................... 81
Table 4-1: Vulnerable and Marginalized Groups ...................................................................................... 116
Table 4-2: Vulnerable Groups ................................................................................................................... 122
Table 4-3: Vulnerable of The Household head ......................................................................................... 131
Table 5-1: Summary of PAPs ..................................................................................................................... 136
Table 5-2: Size of Land affected per location............................................................................................ 137
Table 5-3: Affected structures .................................................................................................................. 137
Table 5-4: Affected structures .................................................................................................................. 138
Table 5-5: Summary of the Affected Business and Livelihood Assets ...................................................... 138
Table 6-1: Cut-off Date Disclosure ............................................................................................................ 141
Table 7-1: Stakeholder Categories ............................................................................................................ 145
Table 7-2: Summary of Public Meetings Held ........................................................................................... 146
Table 7-3: Stakeholder Concerns/Comments and Responses .................................................................. 148
Table 7-4: Differences Between Kenyan Laws and The African Development Bank Policy...................... 107
Table 8-1: Proposed structure of the GRC ................................................................................................ 161
Table 8-2: Grievance Redress Process ...................................................................................................... 164
Table 9-1: Roles and Responsibilities for Planning and Execution of Resettlement................................. 173
Table 9-2: RAP Implementation Schedule ................................................................................................ 177
Table 10-1:Summary RAP Budget for Gatanga ......................................................................................... 184
Table 10-2:Summary RAP Budget for Maragua ........................................................................................ 184
Table 10-3:Summary RAP Budget for Murang’a ....................................................................................... 185
Table 10-4:Summary RAP Budget for Kangema/Kangari .......................................................................... 186
Table 10-5: Overall RAP Budget (Gatanga, Maragua, Kangema/Kangari and Murang’a)......................... 186
Table 11-1: Activities, data and responsibility for monitoring and evaluation of RAP implementation .. 190
Table 11-2: Monitoring and Evaluation Indicators ................................................................................... 193

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LIST OF FIGURES
Figure 2-1: Murang’a County Map Highlighting the target for the main areas under this project ............ 70
Figure 2-2: Layout and ground profile for the Gakoigo Kambiti Pipeline ................................................... 72
Figure 2-3: Layout for the Tuthu Treatment Plant ...................................................................................... 74
Figure 2-4: Layout of Chathanda - Kenol Water Treatment Plant .............................................................. 75
Figure 2-5: Proposed Sewer Network for Kabati and Environs .................................................................. 77
Figure 2-6: Layout Map of new Maragua Sewerage System ...................................................................... 78
Figure 2-7: Layout of proposed Sewer extensions for Murang; a Town..................................................... 80
Figure 4-1: Gender aspect of the PAPs within Gatanga ............................................................................ 115
Figure 4-2: Gender of the household head of PAPs within Gatanga ........................................................ 116
Figure 4-3: Vulnerable and Marginalized Groups identified PAPs within Gatanga .................................. 117
Figure 4-4: Level of Education of PAPs within Gatanga ............................................................................ 117
Figure 4-5: PAPs source of income within Gatanga .................................................................................. 118
Figure 4-6: Affected assets of PAPs within Gatanga ................................................................................. 119
Figure 4-7: Income amount for PAPs within Gatanga............................................................................... 119
Figure 4-8: Source of water for PAPs within Gatanga............................................................................... 120
Figure 4-9: Sanitation facilities used by PAPs within Gatanga .................................................................. 121
Figure 4-10: Gender aspect for the PAPs within Maragua ....................................................................... 121
Figure 4-11: Gender of the household head for the PAPs within Maragu ............................................... 122
Figure 4-12: Vulnerable and Marginalized Groups identified for PAPs within Maragua .......................... 122
Figure 4-13: Level of Education for PAPs within Maragua........................................................................ 123
Figure 4-14: PAPs source of income within Maragua ............................................................................... 124
Figure 4-15: Affected assets for PAPs within Maragua............................................................................. 124
Figure 4-16: PAPs Income amount for PAPs within Maragua ................................................................... 125
Figure 4-17: Source of water for PAPs within Maragua............................................................................ 126
Figure 4-18: Sanitation facilities for PAPs within Maragua....................................................................... 126
Figure 4-19: Gender of Household head for PAPs within Kangema – Kangari ......................................... 127
Figure 4-20: Vulnerability of PAPS within Kangema – Kangari ................................................................. 127
Figure 4-21: Level of Education of Household Heads for PAPs within Kangema – Kangari...................... 128
Figure 4-22: Household head Source of Income within Kangema – Kangari............................................ 128
Figure 4-23: Affected assets for PAPs within Kangema – Kangari ............................................................ 129
Figure 4-24: Household head income level for PAPs within Kangema – Kangari ..................................... 129
Figure 4-25: Main Source of water for PAPs within Kangema – Kangari .................................................. 130
Figure 4-26: Type of Sanitation facilities for PAPs within Kangema – Kangari ......................................... 130
Figure 4-27: Gender of Household heads for PAPs within Murang’a ....................................................... 131
Figure 4-28: Vulnerable and Marginalized Groups identified for PAPs within Murang’a ........................ 132
Figure 4-29: Level of Education of Household Head for PAPs within Murang’a ...................................... 132
Figure 4-30: Household head source of income within Murang’a ........................................................... 133
Figure 4-31: Affected assets for PAPs within Murang’a ........................................................................... 133
Figure 4-32: Household head monthly Income level for PAPs within Murang’a ...................................... 134
Figure 4-33: Main Source of water for PAPs within Murang’a ................................................................. 134
Figure 4-34: Main Sanitation facilities for PAPs within Murang’a ............................................................ 135
Figure 5-1: PAPs alongside there affected crops ...................................................................................... 139

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Figure 7-1: Public participation meetings photo log (photo taken by the Consultant representative during
meetings, dates from 13th February 2024 to 15th March 2024) ............................................................. 159
Figure 8-1: Figure Grievance Redress Flow Chart ..................................................................................... 170

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GLOSSARY OF TERMS
The following terms are used in this RAP, and shall have the following meanings unless stated otherwise.
Other important concepts as used have been defined inside the text where they apply.
Resettlement Action Plan (RAP): A public document which specifies the procedures and actions to be
undertaken to mitigate adverse effects, compensate losses, and provide development benefits to project
affected households. RAP is recommended for less than 200 PAPs.
Compensation: Money or payment in kind to which affected people are entitled in order to replace a lost
asset, resource or income.
Compulsory acquisition: means the power of the State to deprive or acquire any title or other interest in
land for a public purpose subject to prompt payment of compensation;
Census: is a data collection technique of completing enumeration of all PAPs and their assets through
household questionnaire. Census’s objectives are; to prepare a complete inventory of PAPs and their
assets as a basis for compensation, to identify non-entitled persons, and to minimize impact of later influx
of “outsiders” to project area.
Cut – off date: Date of completion of the census and assets inventory of persons affected by a project.
Persons occupying the project area after the cut-off date are not eligible for compensation or resettlement
assistance.
Displaced persons: Persons who are affected by the involuntary taking or clearing of land or resulting in:
Relocation or loss of shelter
(i) Loss of assets or access to assets; or
(ii) Loss of income sources or means of livelihood whether or not the affected persons must move to
another location.
Entitlement: Range of measures comprising compensation, income restoration, transfer assistance,
income substitution, and relocation that are due to affected people, depending on the nature of their
losses, to restore their economic and social base.
Freehold: means the unlimited right to use and dispose of land in perpetuity subject to the rights of others
and the regulatory powers of the national government, county government and other relevant state
organs;
Grievance Redress procedures: set out the time frame and mechanisms for resolutions of complaints
about resettlement from PAPs. Grievance redress can be provided through informally-constituted local
committees with representation from key stakeholder groups. Grievances can also be addressed through
formal channels, with unresolved grievances being dealt with at progressively higher levels.

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Income restoration/Livelihood restoration: Re-establishing the incomes sources and livelihoods of

affected people
Rehabilitation: Re-establishing incomes, livelihoods, living and social systems
Involuntary resettlement: Resettlement is involuntary when it occurs involves the displacement of people
arising from development projects such as, water projects, bridges, national parks, and roads which
encroach on their productive assets, cultural sites and income sources, land, grazing fields, other assets,
etc. This is usually necessity for people affected by a development project to relocate and to rebuild their
lives, incomes and asset bases elsewhere.
Land: Agricultural and/or non-agricultural land and any structure thereon whether temporary or
permanent and which may be required for the project.
Land expropriation: Process whereby a public authority, usually in return for compensation, requires a
person, household, or community to relinquish rights to land that it occupies or otherwise uses.
Land acquisition: The taking of or alienation of land, building or other assets thereon for purposes of the
project activities implantation.
Disturbances allowance: Refers to the 15% additional cost to the total sum of compensation on affected
assets (Crops, trees and structures), business and Land of a Project affected person.
Project affected households (PAHs): A household that is affected if one or more of its members either is
affected by sub-project activities, by loss of property, land, loss of access, or otherwise affected in any
way by the implementation of the project activities.
Project-affected person: Any person who, as a result of the implementation of a project, loses the right
to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual
or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently
or temporarily, business, occupation, work, place of residence or habitat adversely affected; or standard
of living adversely affected.
Project affected sites: Clearly defined and /or surveyed areas or places earmarked for takeover,
permanently or temporarily, for purposes of implementing project activities.
Resettlement Policy Framework (RPF) is an instrument to be used throughout the Program
implementation. The RPF sets out the resettlement objectives and principles, organizational
arrangements and funding mechanisms for any resettlement that may be necessary during
implementation. The RPF guides the preparation of Abbreviated Resettlement Action Plans of individual
sub projects in order to meet the needs of the people who may be affected by the project.
Resettlement Action Plan (RAP): A time-bound action plan with a budget, setting out resettlement
strategy, objectives, options, entitlements, actions, approvals, responsibilities, monitoring and evaluation.
a document in which the project sponsor or other responsible entity specifies procedures that it will follow

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and the actions that it will take to mitigate adverse effects, compensate losses, and provide development
benefits to persons and communities affected by an investment project.
Replacement cost: is the method of valuation of assets that helps determine the amount sufficient to
replace lost assets and cover transaction costs for:
(i) Agricultural land, it is 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.
(ii) Land in urban areas, it is the pre-displacement market value of land of equal Size and use, with
similar or improved public infrastructure facilities and services and located in the vicinity of the
affected land, plus the cost of any registration and transfer taxes.
(iii) Houses and other structures, it is 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 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.
In determining the replacement cost, depreciation of the asset and the value of salvage materials
are not taken into account, nor is the value of benefits to be derived from the project deducted
from the valuation of an affected asset.
Resettlement assistance: Support provided to people who are physically displaced by a project. Assistance
may include transportation, food, shelter, and social services that are provided to affected people during
their relocation. Assistance may also include cash allowances that compensate affected people for the
inconvenience associated with resettlement and defray the expenses of a transition to a new locale, such
as moving expenses and lost work days.
Stakeholders: Those who have an interest in project development and who will be involved in the
consultative process, and includes any individual or group affected by, or that believes it is affected by the
project; and any individual or group that can plan a significant role in shaping or affecting the project,
either positively or negatively, including the host community/population.
Socio-economic survey: is carried out in order to prepare profile of PAPs and to prepare for Basic
Resettlement Plan. About 20 percent sample of PAPs population is surveyed through household
questionnaires.
The survey results are used: -
(i) To assess incomes, identify productive activities, and plan for income restoration,
(ii) To develop relocation options, and iii. To develop social preparation phase
for vulnerable groups.

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Squatter/encroacher: means a person who occupies land that legally belongs to another person without
that person’s consent.
Sewerage-This is the infrastructure that conveys sewage or surface runoff (storm water, melt water,
rainwater) using sewers. Sewerage ends at the entry to a sewage treatment plant or at the point of
discharge into the environment.
Valuation: the art or science of establishing the value (worth) of a particular interest in property for a
specific purpose and at a particular moment in time; taking into considerations all the features of the
property and considering all the underlying factors of the market.
Vulnerable Groups: People who by virtue of gender, ethnicity, age, physical or mental disability, economic
disadvantage, or social status may be more adversely affected by resettlement than others and who may
be limited in their ability to claim or take advantage of resettlement assistance and related development
benefits.
Way leave: A Right of Way (RoW) over the land of another. This RoW is for carrying sewer, drain, power
line or pipeline into, though, over or under any lands but in so doing may interfere with the existing
buildings

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EXECUTIVE SUMMARY
The Government of Kenya, through Athi Water Works Development Agency has proposed to develop water
supply and sewer systems within Muranga County. The proposed project include detailed design of water
works, preparation of Resettlement Action Plan and Environmental and Social Impact Assessment studies
and preparation of tender documents.
African Development Bank (AfDB) is financing the proposed water Project. This summary therefore provides
highlights on the project description; the project location and affected sites; objectives of Resettlement
Action Plan; public consultations; legal and institutional framework; social economic survey and PAP census;
eligibility criteria; potential impacts and mitigation measures; income restoration program; implementation
arrangements; implementation process; RAP implementation activities and schedule; grievance redress
mechanism; costs and budget; monitoring and evaluation; and conclusions and
recommendations(commitments).
E-1: Compensation Summary Sheet

COMPENSATION SUMMARY SHEET

# Variables Data

A. General

1 Region / Province / Department Murang’a County

2 Municipality / District Gatanga, Maragua, Murang’a, Kangema

-Kangari

3 Village / Suburb Thithi, Githingiri, Maragua, Weithega,

Murang’a, Kawariua, Kanyenyaini,
Chomo, Rwegetha, Chathanda, Kenol,
Kabati, Rwathia

4 Activity (ies) that trigger resettlement (Construction of water storage tanks,

Water and Sewer lines, intake works,
Construction of WTP(s) and STP(s)

5 Project overall cost Ksh. 2,783,954,520.00

(VAT Inclusive)

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6 Overall resettlement cost (KSH) Ksh. 152,271,888.03

7 Applied cut-off date (s) March 20, 2024 and March 22, 2024

8 Dates of consultations with the people Between 13th February 2024 to 14th
affected by the projects (PAP) May 2024

9 Dates of the negotiations of the 16th April to 14th May 2024

compensation rates / prices

B. Specific information

1 Number of people affected by the project 200

0 (PAP)

1 Number of physically displaced 2

1

1 Number of economically displaced 196 (4 are Public Institutions)

2

1 Number of affected households 64

3

1 Number of females affected 59

4

1 Number of vulnerable affected 16

5

1 Number of major PAP 64

6

1 Number of minor PAP 136

7

1 Number of total right-owners and 196 (4 are Public Institutions)

8 beneficiaries

1 Number of households losing their shelters 2

9

2 Total area of lost arable/productive lands (ha) 19.8141 Ha

0

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2 Number of households losing their crops 196 (4 are Public Institutions)

1 and/or revenues

2 Total areas of farmland lost (ha) 19.9586Ha

2

2 Estimation of agricultural revenue lost (USD) Ksh. 25,986,000.89 (USD. 193,204.47)

3

2 Number of buildings to demolish totally 2

4

2 Number of buildings to demolish totally at 0

5 50%

2 Number of buildings to demolish totally at 0

6 25%

2 Number of trees-crops lost 33,728

7

2 Number of commercial Kiosks to demolish 1

8

2 Number of ambulant/street sailors affected 0

9

3 Number of community -level service 3 (Ethernet, Power lines and Water

0 infrastructure disrupted or dismantled services)

3 Number of households whose livelihood 0

1 restoration is at risk

E.1 Introduction
Rapid population growth faces challenged to access to water and sanitation in Kenya.

E.1.1. Background

Kenya faces challenges in providing adequate water and sanitation to its growing population. Currently, only
70% of Kenyans have access to drinking water, and 32% have access to sanitation. Rapid urbanization and a
growing population, expected to reach 48% urban by 2030, increasing pressure on infrastructure and
financial resources.

E.1.2. Program Objective

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project.

The Government of Kenya aims for universal access to water and sanitation by 2030 to enhance health,
quality of life, and economic growth. The program will execute water and sewerage projects to improve living
standards and climate resilience.

E.1.3. Program Components

Water Supply & Sanitation Infrastructure: This includes the Construct and rehabilitate water and sanitation
infrastructure, focusing on last-mile connectivity; Watershed Management: Implement climate-adaptive
measures and best practices for water catchment protection; Institutional Development Support: Provide
equipment, enhance WSP capacities, improve billing systems, and promote hygiene; Program Management:
Establish coordination and implementation units to support daily operations, audits, and monitoring and
Knowledge Management: Train women and youth, share knowledge, conduct research, and create an
innovation hub.

E 1.4. Consultancy Services

Losai Management Limited has been engaged to undertake detailed design, tender document preparation,
and ESIA and RAP studies for the Murang’a Water Supply and Sanitation Project. This project, funded by the
African Development Bank, targets water and sewerage projects across various towns in Kenya.

The RAP report, structured into 13 chapters, covers from project impacts to consultation and community
participation. It aims to ensure the sustainability of the project and a return on investment, all while adhering
to environmental and social safeguards.

Scope of Consultancy Services includes:

Detailed design for the Murang’a Cluster Water and Sewerage Project, including sewerage works for Kabati,
Maragua, and Murang’a Towns, and multiple water supply projects; Preparation of Environmental and Social
Impact Assessment (ESIA), Resettlement Action Plan (RAP) and Preparation of tender documents.

The RAP covers: Kabati Sewerage; Thithi – Githingiri and Chathanda – Kenol Water Supply Systems; Maragua
Sewerage; Upgrading of Tuthu and Rwathia Water Supply Systems; Gakoigo WTP – Kambiti Water Supply
System; Extension of sewers for Murang’a Town and Last-mile connections and storage tanks.

E1.5. Environmental and Social Safeguards

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project.

Safeguard documents, including ESIA and RAP, have been prepared by the Consultant and AWWDA. These
documents outline the environmental and social management plans required for project approval by NEMA
and AfDB.

E1.6 RAP report Structure: This RAP report is structured into several chapters, each addressing aspects of
the project and its impacts on affected persons.

Chapter 1 serves as an introduction, providing background information on the project, its objectives,
overview, scope of consultancy services, and environmental and social safeguards documents.

Chapter 2 delves into the project description, detailing the project area, components, and associated costs.

Chapter 3 outlines the objectives and principles of the RAP, including the problem statement, objectives,
guiding principles, scope, and methodology.

Chapter 4 discusses the legal and institutional framework within which the project operates, including
national legal laws, the Constitution of Kenya, and institutional arrangements.

Chapter 5 presents the social-economic baseline condition, covering the context, methodology, objectives of
the socioeconomic survey, and profiles of project-affected persons in various locations.

Chapter 6 focuses on the impacts of the project on affected persons, institutions, land, structures, crops,
trees, and businesses.

Chapter 7 elaborates on the eligibility criteria and entitlements for compensation, including the cut-off date
and entitlement matrix.

Chapter 8 addresses consultation and community participation, outlining the aims, stakeholder categories,
future stakeholder plans, implementation process, and livelihood restoration program.

Chapter 9 discusses grievance redress mechanisms,

Chapter 10 presents resettlement and compensation strategies,

Chapter 11 covers valuation methodology and budget, and

Chapter 12 outlines the monitoring and evaluation framework for the project.

Chapter 13: Conclusion and Recommendations /Commitment.

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project.

Annexes

E.2. Project Description

E. 2. 1. Project Area Description

The project is located within the jurisdiction areas of four Water Services Providers (WSPs), under Murang’a
County Government and licensed by WaSREB. These include: Murang’a Water and Sanitation Company
(MUWASCO): MUWASCO's jurisdiction covers parts of Kiharu and Maragua sub-counties. The main target
areas for the project are Kambiti and Maragua Ridge locations; Murang’a South Water and Sanitation
Company (MUSWASCO): MUSWASCO serves three sub-counties: Kandara, Kigumo, and Murang’a South. The
project's main focus areas are Kangari and Kenol; Gatanga Water and Sanitation Company (GATAWASCO):
GATAWASCO's service area is Gatanga Sub-County, covering a total area of 528.8 km², with 164 km² served.
The project targets Kiunyu and Samuru Locations and Murang’a West Water and Sanitation Company
(MWEWASCO): MWEWASCO serves Kangema and Kiharu Sub-Counties.

E. 2.2. Project Component

The Water and Sewerage components are spread out in the following WSP area of jurisdiction as tabulated
below:

Table 1-1: Summary of the water supply interventions

Water Service Prioritized Description of Scope

Provider Project

Gatanga Water and Thithi Githingiri Water Construction of 4000m3/day intake - 0.3 km raw water mains (OD 315 mm) - Water
Sanitation Company Supply System treatment works 4000m3/day - OD 280-225 mm 10.5km transmission mains - OD
(GATAWASCO) 225 mm 6.5km transmission mains - OD 160 mm 12km transmission mains -
2500m3 Kiawahiga tank

Chomo –Rwegetha Laini Laying of 7.8 km raw water mains (OD 280 mm) - Construction of Proposed
Water Project treatment works 3000m3/day - Laying of proposed OD 315mm 0.3km transmission
mains - Laying of proposed OD 225 mm 7.7km transmission mains - Laying of
proposed OD 160 mm 8.1km transmission mains

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project.

Water Service Prioritized Description of Scope

Provider Project

Murang’a South Chathanda - Kenol Rehabilitation of intake (upgrading/ new) - Rehabilitation of Raw Main 10.5km -
Water and Water Supply System Construction of 4000m3/day Treatment works - Extension of OD 200 pipeline 4km
Sanitation Company - Construction of tank 250m3 at Mutheru - Construction of tank 1000m3 at t/works
(MUSWASCO)

Kenol-Kabati sewerage 21 km of reticulation sewers - 4 km of trunk mains - Makutano STP Phase II works
(AP 3, MP 2 & 3, SDB)

Murang’a West Upgrading of Tuthu 2500m3 tank at Kanyenyaini sec - 2000m3 tank at Kawariua - 2km OD 225 mm
Water and Water Supply system pipeline replacement
Sanitation Company
(MWEWASCO)

Murang’a Water Sewer works Maragua Sewerage System and Sewer Treatment Woks - Muranga Sewerage
and Sanitation System
Company
(MUWASCO)

E.2.2.1. Water Intervention

Gakoigo-Kambiti Water Supply System

The existing Gakoigo-Kambiti Water Supply System comprises a dam, DN 400 mm raw water mains, and a
treatment facility. Though designed for a capacity of 8,000 m3/d, the current operational capacity is limited
to 4,500 m3/d due to constraints in the distribution network. To address this, the proposed project aims to
augment the distribution capacity. The system draws water from the perennial River Maragua, with an
existing water treatment plant designed for 8,000 m3/d. The proposed includes laying a 22.6 km long HDPE
pipeline with a diameter of 225 mm and pressure ratings ranging from PN 12.5 to PN 16 for water
transmission.

Tuthu Water Supply Systems

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project.

The proposed Upgrading of Tuthu Water Supply Systems aims to address existing challenges in the
infrastructure, the absence of a treatment plant leading to heightened increased turbidity levels during the
wet season. The project includes the establishment of new intake works along the South Mathioya River,
situated upstream to allow for gravity flow of raw water to the proposed treatment plant, with an abstraction
capacity of 4,000 m3/d. A raw water main will convey water from the new intake to the treatment works, at
1000 m downstream. A new water treatment plant with a capacity of 4,000 m3/d will be constructed to treat
the raw water drawn from the river. The project also involves the installation of two storage tanks, with
capacities of 1000 m3 at Kawariua and 2500 m3 at Kanyenyaini, ensuring adequate storage for treated water
before distribution. These upgrades aim to improve the reliability and efficiency of the water supply system
in the Tuthu area, enhancing water quality and accessibility for local communities.

Chathanda – Kenol Water Supply System

This component has an Operational capacity of 1,500 m3/d, below its assessed 4,000 m3/d capacity due to
pipeline issues. The project aims to Upgrade to achieve optimal operational efficiency and meet the design
capacity. The Water Source is River Chathanda, a perennial river, with water quality affected by increased
turbidity during rainy spells. The proposed component Include:

Rehabilitation/upgrading of intake weir, raising to 4m, with a draw-off chamber and screens; Desilting of the
reservoir to improve water quality; Extension of existing 7 km long, OD 280 mm raw water mains by 4 km to
connect to the Mareira Treatment Plant; Water Treatment Works: Designed for a capacity of 4,000 m3/d to
address water quality concerns; Transmission mains - Existing DN 200 mm transmission main from the Mariira
tank to Kariguini(Makuta no water and sewerage project). The pipeline will transmit the 4,000 m3/d flow;
Storage Tank Construction of a 1000 m3 reinforced concrete tank at Mariira; Masonry break pressure tank –
Construction of a 250 m3 tank at Mutheru and Last mile Connectivity to increase water coverage 107 km of
water distribution lines under the MUSWASCO area.

Thithi - Githingiri Water Supply System- (Under Priority 2 of the project)

The Construction of a new system with a design capacity of 4,000 m3/d to serve Githingiri and surrounding
areas. This component will include:

Intake Works: Sourcing water from River Thithi, with a design capacity of 4,000 m3/d; Raw Water Main:
Drawing water from the intake to a treatment works 400 m downstream; Treatment Works: Designed for a

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capacity of 4,000 m3/d, the Chathanda system; Transmission Mains: A 23 km pipeline will convey water to
the 2500 m3 Kiawahiga tank, then to Githingiri and Thika Green areas; Storage Tank: Proposed 2500 m3 RC
storage tank at Kiawahiga and Last Mile Connectivity: Construction of 75 km of water distribution lines under
GATAWASCO area.

Rwathia Water Supply System:

Storage Tank: Proposed 2500 m3 RC water storage tank at Weithaga for the Rwathia system; Last Mile
Connectivity: Construction of 180 km of water distribution lines under MWEWASCO area.

E2.2.2. Sewer Intervention

Kabati Sewerage System:

This component will Collect wastewater from Kabati town and surrounding areas to drain into trunk Sewer 2
built under the Makutano sewerage project previously constructed as part of the Makutano Sewerage
Project.

Sewer Design Summary

Trunk Sewer Total Length = 3,800 m

300 mm Dia = 3100m

400 mm Dia = 700 m

Lateral Sewers Total Length = 21,000 m

250 mm Dia = 21,000 m

House Hold Connections 500 household connections

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project.

Figure 0-1: Proposed Sewer Network for Kabati and Environs

Maragua Sewerage System

The component will include the following:

Sewer Design Summary

Trunk Sewer Total Length = 13,530 m

300 mm Dia = 3660m

400 mm Dia = 9870m

Lateral Sewers Total Length = 9,097 m

200 mm Dia = 9,097m

Trunks will merge into a main interceptor trunk to convey sewage for treatment at the new Maragua sewage
treatment plant.

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project.

Figure 0-2: Layout of proposed Sewer extensions for Murang’a Town

Maragua Sewage Treatment Plant

The Maragua Sewage Treatment Plant comprises components, including inlet works for sewage intake,
anaerobic ponds for organic matter decomposition, facultative ponds allowing aerobic and anaerobic
treatment, maturation ponds for further sewage treatment, sludge drying beds for solid residue disposal,
and utility buildings with site infrastructure access roads, drainage, and water supply.

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project.

Figure 0-3: Layout Map for Maragua Sewerage System

E.2.3. Water Project Cost

The total cost for the proposed upgrading works is Ksh. 1,318,797,127 (Kenyan Shillings One billion three
hundred eighteen million seven hundred ninety-seven thousand one hundred twenty-seven).

E2.4. Sanitation Project Cost

The total cost for the proposed upgrading works is Ksh. 1,069,315,710 (Kenyan Shillings One billion sixty-
nine million three hundred fifteen thousand seven hundred ten).

E2.5. Land Requirement for the Water and Sewer Interventions

The table below shows the land requirement for water and sewer interventions.

Table 0-2: Summary of Land Requirement for Proposed Works

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project.

Location Land Requirement in hectares (ha)

Muranga 0

Maragua 19.06

Gatanga 0.1716

Kangari-Kangema 0.727

Total 19.9586

E.3. Objectives and Principles of RAP

The Resettlement Action Plan (RAP) was prepared following AfDB Involuntary Resettlement Policy, AfDB
Integrated Safeguards Systems - Operational safeguard number 2, and Kenyan government laws. The
objectives of the RAP are as follows: Describe national and AfDB requirements for resettlement due to the
project activities; Identify the Project Affected Persons and Households (PAH) and their potential losses;
Provide for an agreed plan for their compensation and resettlement due to the project activities and Provide
principles, policies, institutional framework schedules and funding mechanisms for any loss and resettlement
needs that may occur as a result of implementing the project.

E. 3.1. Problem and Need for RAP:

Anticipated displacement impacts include reclamation of riparian reserves, land acquisition for project
infrastructure, and consent acquisition from relevant authorities.

The AfDB's safeguards policy OS2 outlines objectives to avoid or minimize involuntary resettlement, provide
compensation, improve living conditions, and establish monitoring mechanisms.

E3.2. Objectives of the RAP include: Raise awareness, conduct surveys, provide socio-economic assessments,
establish compensation processes, determine compensation rates, and outline preferred resettlement
options for affected persons (PAPs) and Comply with AfDB standards, Kenyan laws, and international best
practices.

E3.3. Principles of the RAP include RAP principles such as fair compensation for all affected by the project,
opportunities for improving livelihoods, consultation with affected communities, and eligibility for
resettlement regardless of formal land rights.

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E.3.4. Scope of the RAP: This section Integrates social safeguards guidelines outlined in AfDB's Involuntary
Resettlement Policy. Activities include data review, PAP identification, legal review, land acquisition planning,
public consultations, socio-economic surveys, and asset valuation.

E.3.5. RAP Approach and Methodology: This section indicated the approach and methodology based on
project survey plans and detailed designs, including document review, fieldwork, community consultations,
socio-economic surveys, and asset valuation.

E. 4. Legal and Institutional Framework:

The chapter provides an overview of the legal and institutional framework relevant to land acquisition and
resettlement in Kenya, particularly the implementation of a specific project. A summary of the key points is
as follows:

E. 4.1. National Relevant Laws:

The legal framework for land acquisition within the Resettlement Action Plan (RAP) is supported by several
key legislative acts in Kenya. The National Land Policy (NLP) and the Constitution of Kenya, 2010, provide the
foundational principles for land acquisition, emphasizing the necessity of public purpose and the requirement
for just compensation. The Land Act, No. 6 of 2012, grants the National Land Commission (NLC) authority to
compulsorily acquire land and manage public land, ensuring transparent processes and fair treatment of
affected landowners. Complementing these laws, the NLC Act outlines the commission's responsibilities,
including land acquisition and compensation mechanisms. The Physical Planning Act supports these efforts
by guiding land use planning practices. Additionally, the Environment and Land Court Act (2011) establishes
a specialized court to adjudicate disputes related to land, including cases of compulsory acquisition. The
Matrimonial Property Act (2013) ensures equitable division of property acquired during marriage, recognizing
both monetary and non-monetary contributions. The Land Laws (Amendment) Act (2016) introduces
guidelines for fair evictions, ensuring affected parties receive adequate notice, are consulted, and provided
with alternative accommodation and fair compensation, adhering to constitutional safeguards and
international standards.

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project.

E.4.2. Institutional Frameworks:

This Highlights various governmental bodies such as the Ministry of Water, Sanitation and Irrigation will
oversee project execution, secure funding, and ensure compliance with legal and international standards
related to the projects. The National Environment and Management Authority (NEMA) monitors
environmental impacts, ensure compliance with environmental regulations, and facilitate public participation
in environmental management decisions. The Water Resource Authority regulate water resources, including
allocation, protection, and quality management, to ensure sustainable use and conservation. The
Department of Occupational Health and Safety (DOSHS) will ensure workplace safety and compliance with
occupational health standards during project implementation. County Governments will provide local
regulatory oversight, support community involvement, and integrate environmental and socio-economic
considerations into project planning. The Water Services Regulatory Board (WASREB) will regulate the water
and sanitation sector, ensuring compliance with standards and regulations to protect public health and
interests, during the operational phase of the project. The Kenya Rural Roads Authority (KeRRA) and Kenya
Urban Roads Authority (KURA) will provide approvals for road reserves and wayleaves, ensuring the project
doesn’t disrupt road networks or compromise road safety.

E4.3. African Development Bank's Safeguard Policy and Guidelines:

The AfDB's policies aim to mitigate adverse environmental and social impacts of projects, including
involuntary resettlement, biodiversity conservation, pollution prevention, labor conditions, and gender
equality; The Bank's Poverty Reduction Policy focuses on strategies to reduce poverty in African countries. A
revised policy on Disclosure and Access to Information ensures transparency and stakeholder engagement in
AfDB operations.

E.4.3.1. Differences between Kenyan Laws and the African Development Bank Policy

Table 0-2: Differences between Kenyan Laws and the African Development Bank Policy

Policy Area AfDB OS2 Kenyan Legislation Gap Filling Measures

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project.

Land Act
Avoid involuntary outlines
resettlement where procedures for
feasible. - Minimize project Ensure
resettlement impacts. consultation. resettlement
- Ensure displaced issues
Guarantees fair
people receive considered in
General compensation.
assistance to improve project design.
Requirements Does not avoid
standards of living.
Implement
Provide explicit resettlement if
compensation
guidance on for public
and assistance
resettlement issues. interest.
provisions.
Set up monitoring Compensation

mechanism. determination
subjective.

Inclusive
Implement
consultation.
consultation
Advance Land Act outlines procedures from

Process dissemination of consultation and both sources.

Requirements information. grievance Provide

Reasonable procedures. alternative
review period. grievance
mechanisms.
Public hearings.

Grievance & Establish Land Act provides Adopt alternative

Redress credible local for grievance grievance
Mechanism mechanism. redress through mechanisms.

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project.

Accessible to NLC and judicial Legal redress

stakeholders. system. available.

Responses
recorded.

Three groups
eligible for Land Act
compensation. recognizes Include all categories

Preference to various land of affected persons

Eligibility &
land-based rights and in compensation.
Entitlements
compensation. interests.
Implement cut-off

Assistance for Unclear on cut- procedures.

improved off date.

livelihoods.

Determined
through
consultation. Consider all
Land Act favors options before
Preference to land-
cash cash
based
compensation. compensation.
Compensation compensation.
Interpretation Implement
Procedures Total project cost
of just prompt
includes
compensation compensation at
resettlement.
unclear. full replacement
Assistance to cost.
improve standards
of living.

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Transparent
procedures.

Non-land-based
options considered.
Prioritize housing
security and benefit
sharing.

Address cultural
aspects.

Apply
Market cost for Land Act stipulates
compensation
Valuation replacement just compensation but
measures outlined
structures. lacks specificity.
in OS2.

E.5. Socio-Economic baseline conditions:

E.5.1. Socio-Economic Context

Socio-economic data for the project was collected through field surveys and interviews. Census and assets
inventory were conducted to compile a register of potential project affected persons (PAPs). The survey
categorized PAP activities along the wayleaves and with economic features to be displaced by the project.

E.5.2. Methodology:

Data for establishing socio-economic baseline conditions was derived from various methods including public
consultations, census surveys, socio-economic surveys, land and asset valuation, and key informant
interviews.

These methodologies aimed to provide viewpoints and both qualitative and quantitative results.

Data analysis was conducted using the Statistical Package for the Social Sciences (SPSS), and validation was
done through cross-referencing with site surveys, technical team observations, and key informant interviews.

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project.

E.5.3. Objective of the Socio-Economic Survey:

The primary goal was to gather information on the socio-economic characteristics of PAPs.

Specific objectives included examining socio-economic aspects, investigating land tenure and status, profiling
PAPs in the project area, and addressing key issues during project implementation. Other objectives included
identifying current occupants for potential resettlement, describing affected households, determining asset
loss, identifying vulnerable groups, understanding land tenure systems, analyzing social interactions, and
providing baseline data for monitoring and evaluating livelihood restoration and sustainable development
efforts.

E.5.4. Social Economic Profile for the Project Affected Persons

The social-economic aspects for all PAPs within Gatanga, Maragua, Kangema-Kangari, and Murang’a areas
were analyzed. The assessment covered various aspects including gender distribution, household headship,
vulnerable groups, education level, sources of income, affected assets, monthly income, loss of livelihood,
sources of water, and sanitation facilities.

This Resettlement Action Plan (RAP) provides an assessment of the socio-economic characteristics of the
Project Affected Persons due to the water and sewerage infrastructure project in Murang’a County. A census
survey involving 196 PAPs was conducted, comprising 137 male, 59 female and 4 Nr. Public Institutions. The
analysis included details from four locations: Gatanga, Maragua, Kangema-Kangari, and Murang’a.

E.5.4.1. Gatanga Location:

Number of PAPs: 115 (85 PAPs are male, 24 PAPs are female, 5Nr. Unknown PAPs and 1 public Institution);
Household Head Gender: 73% male-headed, 27% female-headed; Vulnerable Groups: 9 elderly individuals
(8% of the population); Education Levels: 51% secondary school, 29% primary school, 18% university/tertiary,
2% no formal schooling; Income Sources: 79% farmers, 16% small business owners, 3% civil servants, 2%
unemployed; Affected Assets: 53% crops, 31% trees, 7% land, 9% structures; Monthly Income: 55% below
10,000 Kshs, 24% between Ksh. 10,000-15,000; Loss of Livelihood: 97% economic displacement, 3% physical
displacement; Water Sources: 70% from Gatanga Water and Sanitation Company, 19% rainwater harvesting
and Sanitation Facilities: 93% pit latrines, 7% flush toilets.

E.5.4.2. Maragua Location:

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Number of PAPs: 52 (33 males, 19 females); Household Head Gender: 73% male-headed, 27% female-
headed; Vulnerable Groups: 2 elderly individuals (4% of the population); Education Levels: 57% primary
school, 29% secondary school, 10% university/tertiary, 4% no formal schooling; Income Sources: 44% small
business owners, 21% farmers, 19% traders, 9% civil servants, 7% unemployed; Affected Assets: 42% private
land, 33% crops, 20% trees; Monthly Income: 55% below 10,000 Kshs, 24% between Ksh. 10,000-15,000; Loss
of Livelihood: 21% economic displacement; Water Sources: 59% from Murang’a Water and Sanitation
Company, 20% rainwater harvesting and Sanitation Facilities: 94% pit latrines, 6% flush toilets

E.5.4.3. Kangema-Kangari Locations:

Number of PAPs: 5 (40% male-headed, 20% female-headed, 40% institutions); Vulnerable Groups: 2 elderly
individuals (40% of the population); Education Levels: 75% secondary school, 25% no formal schooling;
Income Sources: 75% self-employed, 25% unemployed; Affected Assets: 60% private land, 40% public land;
Monthly Income: 33% below 10,000 Kshs, 67% between Ksh. 10,000-30,000; Water Sources: 60% from water
service providers, 40% rainwater harvesting and Sanitation Facilities: 93% pit latrines, 7% septic-connected
flush toilets.

E. 5.4.4. Murang’a Location:

Number of PAPs: 28 (31% male-headed, 21% female-headed, 48% unidentified); Vulnerable Groups: 2
elderly individuals (7% of the population); Education Levels: 50% secondary school, 38% primary school, 13%
no formal schooling; Income Sources: 73% farmers, 27% small business owners; Affected Assets: 93% trees
and crops, 7% structures; Monthly Income: 71% below Ksh. 10,000; Water Sources: 85% from MUWASCO,
15% rainwater harvesting and Sanitation Facilities: 80% pit latrines, 20% septic-connected toilet

E. 5.4.5. Overall Project Impact and Mitigation:

The total number of PAPs is 200 (137 males, 59 females, 4 public institutions) and the Impact on Institutions:
4 institutions affected (Gituamba Primary School, Mariira University, Kanyanyaini, and Mutheru Primary).

All eligible PAPs will receive compensation and assistance based on the nature of their losses. This includes
cash compensation, statutory disturbance allowance, livelihood restoration training, and other support for
vulnerable groups.

E.6. Project Impacts on PAPs Impacts on Project Affected Persons (PAPs)

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The project will economically displace 196 PAPs, including 137 male PAPs and 59PAPs female, and impact
four public institutions. The detailed impacts are as follows:

E6.3. Impact on Institutions

Four institutions will be impacted by the project; Gituamba Primary School: A 2500m3 reinforced concrete
storage tank is proposed for the Thithi-Githingiri Water Supply project component; Mariira University: A
water treatment plant with a capacity of 4,000 m3/d is planned, along with the construction of a 1000 m3
reinforced concrete tank at Mariira; Kanyenyaini Primary School: A 2500 m3 reinforced concrete water
storage tank is designated for Weithaga as part of the Rwathia system and Mutheru Primary School:
Construction of a 250 m3 masonry break pressure tank is scheduled for the Chathanda-Kenol Water Supply
Project component.

E.6.4. Land Impact

The majority of the pipelines will be laid on road and riparian reserves, requiring minimal land acquisition. A
total of 64 PAPs will lose land across the affected locations:

Land Affected by Location

No private Land will be affected by the Murang’a project components; Maragua: 19.06 Ha; Gatanga: 0.1716
Ha and Kangari-Kangema: 0.727 Ha. The total area affected is 19.9586 Ha.

E.6.5. Structural Impact

Project activities will affect various structures, including 1 temporary Business Kiosk in Maragua; 2 Permanent
Houses in Maragua; 5 Fences and Gates- (2 in Gatanga, 3 in Maragua). In total the number of structures that
will be affected is 8.

E.6.6. Impact on Crops and Trees

The project will impact a number of crops and trees along road reserves, riparian reserves, and private land
as follows: Murang’a: 194 crops, 3082 trees; Gatanga: 2183 crops, 23162 trees; Kangema: 0 crops, 0 trees
and Maragua: 392 crops, 4715 trees. In total: 2,769 crops, 30,959 trees.

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project.

E6.7. Impact on Businesses

Economic displacement will affect 195 farmers and one business owner with a temporary iron-walled shop.

Mitigation Measures

Compensation and livelihood restoration plans are formulated to support affected individuals. Measures
include: Cash compensation at full replacement value for land and structures; Statutory disturbance
allowance of 15% of the compensation amount; Adequate time for PAPs to harvest crops or salvage materials
and Livelihood restoration training and additional support for vulnerable households.

E.7. Eligibility for Compensation and Cut-Off Date

The Murang'a Cluster Water and Sewerage Project will result in the displacement of 196 Project Affected
Persons (PAPs), including 59 females and 137 males, as well as four public institutions. Compensation and
resettlement assistance are provided under the AfDB OS2 on Involuntary Resettlement. Eligible individuals
fall into three categories: those with formal legal rights to land, those with a claim to land or assets, and those
without recognizable legal rights to the land they occupy.

The cut-off date for eligibility was disclosed during census activities, ensuring that assets present before the
specified dates are eligible for compensation.

Table 6-1: Cut Off Date

Location CUT-OFF DATE DISCLOSED

Maragua - Water and Sewer Components March 22, 2024

Murang’a - Water and Sewer Components March 20, 2024

Kangema – Kangari ----Water Component March 20, 2024

Gatanga - Water Component March 22, 2024

No person is eligible to entitlements if moving into the designated sewer and water project area after the
Cut-Off-Date.

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project.

E.7.4. Entitlement Matrix

The entitlement matrix outlines compensation and assistance based on the type of property affected and
the PAP's status as a landowner, structure owner, or squatter/encroacher. This includes cash compensation
for land, structures, and crops/trees, along with disturbance allowances and livelihood restoration support.

Table 6-2: Entitlement Matrix

Category of Type of Proposed Other Assistance
Affected Person Property Entitlement/Mitigation
Registered Land Cash Compensation at - 15% disturbance allowance for all PAPs
Landowner Full Replacement Value
(Formal legal rights - Restoration support for households with
to land) vulnerable persons.
- Livelihood restoration training
Structure and Movable Cash compensation for all - 15% disturbance allowance for all PAPs
Business Owners and other structures at replacement - Provision of adequate time to salvage
Structures cost building materials
- Restoration support for vulnerable
households
- Livelihood restoration training
Owners of Affected Crops and Compensation for - 15% disturbance allowance for all PAPs
Crops/Trees Trees damaged crops, trees, - Provision of adequate time to harvest
etc. at market value - Restoration support for vulnerable
households
Squatter/Encroacher Land N/A N/A
Crops, Cash compensation for all - 15% disturbance allowance for all PAPs
Trees, affected assets at - Provision of adequate time to harvest or
Business, replacement cost salvage building material
etc. - Livelihood restoration training
- Restoration support for households with
vulnerable persons
E.8.Consultation and community participation

The consultation and community participation process for the Murang'a Cluster Water and Sewerage Project
involved extensive engagement with various stakeholders, including host communities and affected persons
(PAPs). Public consultations were conducted at different stages of the project to gather input, address
concerns, and raise awareness about the project's impacts.

E8.1. Aims and Objectives of Stakeholders Consultation and Public Participation (CPP)

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The aims included identifying stakeholders, understanding their concerns, managing expectations, collecting
relevant information, and ensuring compliance with regulations.

8.2. Key Stakeholder Categories:

Stakeholders were categorized into primary and secondary groups: including water service providers,
government officials, community representatives, and civil society organizations. Consultations were held
through public meetings and interviews, with a focus on addressing concerns regarding compensation,
project impacts, and implementation timelines. Feedback from stakeholders informed project design and
mitigation measures as outlined in the table below:

Table 7-0: Stakeholder Categories

No. Name Category
Primary Stakeholders
1. GATAWSCO, MUSWASCO & MWEWASCO Water Service Provider
2. Kenya Forest Service-County Forest Conservator Kenya Forest Service
3. National Government Administrative Office National Government
Deputy County Commissioners (DCC), Chiefs/
Assistant chiefs
4. Murang’a County Government, County Government
Ward Administrator
5. Kigumo Sub- County Officials Sub- County
6. Water Resources Authority (WRA) officers Water Regulatory Body
7. Water Resource Users Association (WRUA) Water Regulatory Body
Officials
8. Public Health Officer National Government
9. Village Elders Community Representatives
10. Area Residents Community
11. Community Groups Community
Secondary Stakeholders
12. Physical Planning Officer National/County Government Agencies
13. Sub-county Lands Registrar and Ministries

Key concerns raised by stakeholders included: compensation for land and structures, water supply
sufficiency, project commencement dates, and employment opportunities for locals. Responses included
transparency, adherence to regulations, and the involvement of stakeholders in decision-making processes.

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Table 7-1: Summary of Public Meetings Held

Water Component
No. Meeting Dates Venue Location No. of Participants
(M-Male, F-female)

1. 13/02/2024 Kiriani-Ndunyu Chege Gatanga- Thithi 20 (16M and 4F)

2. 14/02/2024 Kiawahiga Grounds Gatanga -Kiawahiga 17 (14M and 3F)

3. 26/02/2024 Mariira Farm Kigumo-Mariira Farm 19 (12M and 7F)

& Gwa Kibugi
4. 04/03/2024 Gwa Kibugi Mariira- Kigumo 40 (29M and 11F)
5. 11/03/2024 Kiriani-Ndunyu Chege Gatanga- Thithi 22 (18M and 4F)
6. 15/03/2024 Gathanji Grounds Gathanji 17 (14M and 3F)
7. 8th May 2024 Gakoigo (Chiefs Office) Maragua 30( 17M and 13F)
Sewer Component
No Date Venue Location No. of Participants
1. 1. 14./03/2024 Kiawamburi open area Kiawamburi 23 (18M and 5F)
2. 2. 14/03/2024 Majoice Open Ground Majoice-Mbiri 34 (14M and 20F)
3. 3. 14/03/2024 St Mary’s Njoguini St Mary’s Njoguini 30 (18M and 12 F)
4. 4 23rd April 2024 Maragua Ridge (Chiefs Maragua 23 (10M and 13F)
Office)
5. 5 14th May 2024 Kiawamburi - Majoyce Muranga 26(17m and 8F)
Table 0-1: Summary of PAPs that have signed the Consent Forms

DESCRIPTION Total Number No. of No. of REMARKS

of Project Absentee consents
Affected PAPs signed
Persons (PAPs)
GATANGA 115 5 109 Gatanga

- 1 public Institution
- - 5 PAPs who have not signed
consent forms in Gatanga- under
priority 2. The chief has written a
letter confirming their absence this
RAP preparation. This Scope will

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be implemented under Priority 2.

KANGEMA TO 6 0 3 Kangema to Kangari

KANGARI
3 Public Institutions
MARAGUA 52 27 25 27 PAPs who have not signed consent
forms - under priority 2, the chief has
written a letter confirming tracing
them during or before commencement
of Priority 2
MURANGA 27 16 11 16 PAPs who have not signed consent
forms- under priority 2, the chief has
written a letter confirming tracing
them during or before commencement
of Priority 2
TOTAL 200 48 148 Summary
- 148 PAPs and 4 Public Institutions
(consent signed under Priority 1).
-16 PAPs pending consent under
priority 2 in Muranga.
-27 PAPs pending under priority 2
(Gakoigo ) in Maragua.
- 5 PAPs who have not signed consent
forms in Gatanga- under priority 2

Table7.3: Stakeholder Concerns/Comments and Responses

Location Comments Response
Water Component
Kiriani- The community members Consultant representative, stated that PAPs’ (Project Affected
Ndunyu Chege inquired whether the Persons) whose land parcels are affected by the construction works

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Location Comments Response

Water Component
community members of the Intake and treatment works will be duly compensated. He
affected will be specified that individuals situated within riparian areas and engaged
compensated in farming activities would solely be eligible for compensation of
crops affected, with no provision for land compensation.
The Community members The Consultant representative responded to the community
inquired about how the members' query regarding the establishment of riparian boundaries
riparian will be from the river. He explained that the Water Resources Authority
established from the (WRA) oversees all matters concerning river riparian marking.
river. According to WRA protocols, riparian zones are determined based on
the size of the river, with assistance from hydrologists who assess
various factors to establish the boundaries.
The community members The consultant conveyed to the attendees that they will still be
wanted to know whether permitted to draw water from the area, albeit from a distance away
they will still draw water from the newly constructed Intake.
from the river.
The community inquired The consultant stated that the commencement date of the project
on when the Project will will be communicated once all the necessary documentation and
commence approvals have been cleared, and a no objection has been obtained
for the implementation of the RAP and commencement of works.
The community inquired The consultant stated that the valuation of the affected land parcels
on how much they will be will be carried out by NLC, aligning with current market prices.
paid and the Subsequently, negotiations and agreements regarding compensation
compensation channels will be reached with the PAPs.
that will be used
The community members The consultant articulated that the project's objective is to enhance
Kiawahiga enquired whether the water supply in the area by building a Water storage tank and
Project will supply increasing the water intake, thereby ensuring sufficient water supply.

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Location Comments Response

Water Component
sufficient water to the
Residents of Kiawahiga
The community members Gatanga Water and Sanitation officials communicated that upon the
enquired about the water completion of the project, residents are encouraged to visit the
charges Gatanga Water and Sanitation Company to gain information about
the applicable charges. However, the process for application and the
charges for connection will be communicated in detail. He further
clarified that these charges constitute a percentage that has been set
by WASREB that’s relative to the amount of water consumed.
The community members
wanted to know whether The consultant stated that the water lines will be constructed within
the Project will affect existing road wayleaves, and all PAPs will be eligible for
private land compensation. In addition, some private land/property will be
affected, and compensation will be provided accordingly, this will
mainly affect land parcels at the intakes and water/sewer treatment
works.
The Community The Consultant explained to the meeting that rehabilitation is majorly
requested for an replacing damaged water infrastructure. This includes water pipes.
explanation on
rehabilitation and what it
entails
Mariira Farm
The Community was in The Consultant further stated that people take precaution when it
& Wa Kibugi
agreement that they are comes to protecting the existing underground infrastructure. This
the main causes of pipes entails refraining from construction of permanent structures and no
damage. planting of trees above the water lines. Residents must adhere to
these measures to ensure continued access to water and to safeguard
the infrastructure.

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Location Comments Response

Water Component
The Community inquired The Assistant Engineer responded by assuring the residents that the
on quality of water pipes quality of the pipes is assured and that the intake works will be well
to be laid. The existing protected and maintained to prevent dumping of wastes.
water pipes block easily
due to waste collected
from the intake works at
Chathanda.
The Community The Sociologist informed the residents that employment
requested for opportunities will be prioritized for locals, especially for unskilled
prioritization of labor. This will be communicated through the local chief’s office, with
employment opportunity unskilled labor being recruited from this group.
to the locals
Location Comments Response

Sewer Component

Macharia Waweru The MUWASCO official took note of the area and pledged to assess
requested for more its viability for consideration. He stated that if found viable, it will be
consideration in his area taken into consideration
of residence.
Kiawamburi
Peter Mucheke enquired The MUWASCO officials explained the scope of the project to the
on whether the project residents, stating that it will entail components for the installation of
will install the lateral the main trunk and lateral sewer lines.
lines.
Susan Wanja complained The MUWASCO official explained the scope in detail, outlining that
that people of Majoice the main trunk would be constructed first, followed by the
Majoice-Mbiri area have not been construction of the lateral sewers. He clarified to the community that
considered for sewer yet the trunk sewer precedes the laterals lines which serve the
consumers/community.

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Location Comments Response

Water Component
they were the ones who
had requested the County
for the services.

Alex Wambugu asked if It was explained that the land requirement for the project component
the project can take a will vary depending on the affected portion. This will also be
whole piece of private explained further during the valuation and inventory collection
land. exercise. The project primarily occupies a small area of land, mostly
underground. The RAP will focus on minimizing disruption and
resettlement.
Murathi stated that the It was stated that this was an initial meeting. More public
quorum in the meeting engagements will follow and more people will get engaged along the
was a bit small. He way. Those present at the meeting were also encouraged to pass the
expressed it as a small message and to be showing up in public forums.
representation of the
community

Future stakeholder engagement plans:

The RAP has proposed future stakeholder plans to be put in place which include: continuous consultation,
awareness-raising, and updates on project progress. Implementation of the Resettlement Action Plan will be
overseen by a dedicated committee/Project Implementation Unit, with provisions for verification,
compensation, and livelihood restoration support for affected persons. Livelihood restoration activities
include training on sustainable agriculture practices, financial management, micro-credit facilities,
employment opportunities, and HIV/AIDS awareness.

The consultation process will aim to address stakeholder concerns, enhance project transparency, and ensure
community ownership and participation throughout project implementation.

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E. 8.4. The Resettlement Action Plan implementation process

The Resettlement Action Plan implementation process involves setting up a Resettlement Committee by
the AWWDA, the project proponent. This committee will oversee the verification of Project Affected
Persons details and ensure the facilitation of compensation or assistance benefits. The committee's
responsibilities include mobilizing PAPs, keeping them informed about project stages, and creating
awareness among communities along project routes.
The committee will ensure early identification of agencies responsible for compensation, and income
restoration. It will ensure compliance with the Resettlement Plan and Environmental Management Plan and
oversee land acquisition and compensation payment to PAPs. Additionally, it will monitor completed water
and sewerage project components to ensure the objectives of the resettlement plan are met.
The implementation of this RAP will involve four components: notification, verification of affected
properties, preparation of entitlements through land acquisition, and relocation and resettlement of PAPs
where necessary.

E. 8.5. Livelihood Restoration Program (LRP)

The Livelihood Restoration Program (LRP) outlined in this RAP emphasizes the multifaceted nature of
livelihoods and the need for a variety of approaches to restore income and community support networks.
Key principles include providing choices for Project Affected Persons to determine the best options for their
households, active participation of PAPs in decision-making, and targeted support for vulnerable
households.

Transition allowances (vulnerable categories of PAPs will be provided assistance to salvage materials were
need be) are highlighted as necessary but require clear eligibility criteria and endpoints in addition
livelihood restoration training will be offered to all PAPs. The background of livelihood restoration focuses
on farming businesses and shops in the affected area, with proposed activities including training on
sustainable agriculture practices, literacy on financial management to avoid misuse of compensation funds,
linking to micro-credit enterprises, and prioritizing affected PAPs, especially women and vulnerable groups,
for employment opportunities arising from the project:

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• Financial management training is essential for PAPs receiving cash compensation to prevent misuse
of funds. Sustainable agriculture practices training will be provided to enhance soil health and crop
yields.
• PAPs will be linked to micro-credit facilities to encourage savings and investment.
• Priority in employment, particularly unskilled and semi-skilled positions, will be given to PAPs during
construction, overseen by a Labour Recruitment Plan.
• HIV/AIDS awareness training will be conducted due to the increased risk associated with worker
migration.

This RAP has provided a lump sum budget of KSH. 9,5 16,993. (Kenya Shillings Nine Million Five Hundred
and sixteen Thousand Nine Hundred and Ninety-Three) to enable AWWDA undertake Livelihood
restoration activities listed above.

E. 9. Grievance Redress Mechanism (GRM)

This RAP outlines a comprehensive Grievance Redress Mechanism (GRM), related to water and sewerage
development. It establishes a structured approach to receiving, assessing, and resolving grievances from
affected parties and stakeholders. The GRM aims to provide affected groups with a formal channel to
address concerns or complaints about project implementation. It emphasizes the need for prompt,
transparent, culturally appropriate, and cost-free resolution of grievances to maintain positive stakeholder
relationships and manage project risks effectively.

E9.1. Grievance Structure:

The GRM consists of three tiers: Tier 1: Community/village level mediation; Tier 2: Project administration
level resolution and Tier 3: Involvement of a higher-level committee if grievances remain unresolved.

E.9.1.1. Grievance Redress Committee (GRC):

GRC Comprise of representatives from various stakeholders responsible for arbitration, mediation, and
negotiation including the project proponent to resolve grievances fairly and promptly. Regular meetings
and sub-committees may be formed as needed.

E.9.1.2. Key Staff Responsibilities include:

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The following are the GRM responsibilities: Grievance officer coordinates GRM activities; Formation of GRCs’
before project commencement; Awareness campaigns about GRM; Assisting in redressing grievances and
maintaining record and Provision of necessary resources for GRM operation.

E.9.3. Handling Specific Grievances include:

This RAP report highlights a dedicated mechanisms for addressing gender-based violence (GBV), sexual
exploitation, abuse, and harassment (SEAH) related issues; Various points for receiving complaints, including
government offices, project offices, and community representatives; Complaints can be received through
multiple channels like writing, verbal communication, emails, Grievances are logged, assessed, and
acknowledged within specific time frames.

E.9.4. Redress Process Include:

The report has put in place: The identification, assessment, acknowledgment, and response development
stages; Resolutions at different tiers with specified time frames; Communication of response and closure of
grievances; Option for further escalation to higher tiers or alternative dispute resolution mechanisms if
needed.

Table 8: Summary of Grievance Redress Process

Process Description Time frame Other information

(No. of
Days)
Identification of Face to face; phone; letter, e-mail; 1
grievance Recorded during public/community
interaction;
Grievance assessed Significance assessed and grievance 4-7 Significance criteria: Level 1 –
and logged recorded or logged (i.e. in the GRM log one off event; Level 2 – complaint is
book) widespread or repeated; Level 3-
any complaint (one off or repeated)
that indicates breach of law or
policy or provisions in other project
documents
Grievance is Acknowledgement of grievance through 4-7

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Process Description Time frame Other information

(No. of
Days)
acknowledged appropriate medium

Development of Grievance solved at Tier 1 Project level 4 GO and complainant to sign off
response
Response development with input from
management/ complainant/relevant
stakeholders.
Response signed off Grievance closed Within RE to sign off
above
Redress action approved at appropriate
levels timelines
Grievance not solved, Grievance passed to appropriate party for 7 GRC and complainant to sign off
passed to GRC resolution (GRC) – Tier 2.
Redress action approved at appropriate
levels.
Implementation and Redress action implemented and update Within 7
communication of of progress on resolution communicated days
response to complainant.

Complaints Response Redress action recorded in grievance log 4-7

book.

Confirm with complainant that grievance

can be closed or determine what follow
up
is necessary.
Grievance not solved Grievance passed to appropriate party for At most 7 Complainant to sign off
resolution. days
Final decision communicated
to the complainant.
Close grievance Record final sign off of grievance. 4-7 Final sign off on by AWWDA
If grievance cannot be closed, return to
step 2 or refer to sector ministry or
recommend third-party arbitration or
resort to court of law.

E9.1.6. GRM Jurisdiction include:

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The GRM framework is project-specific and complements existing government redress processes;
Government redress mechanisms take priority over the project-specific GRM and Grievance Redress
Committees operate with defined terms of reference, tenure, and closure timelines.

E.9.1.7. Building Awareness and Training will include:

AWWDA Environmental and Social specialists will train project staff, PIU, and Works Supervision consultant
on GRM procedures; Stakeholders will be trained on GRM procedures and formats, and project site notices
will be displayed with contact information and Translation of GRM materials into local languages and
distribution at administration offices along the project area will be conducted as needed.

E.9.1.9. Monitoring and Reporting will include:

This RAP report has guided monitoring and reporting of GRM which will include: Social Safeguards Specialists
and/or Environmental specialists will prepare monthly reports on GRM issues.; The Grievance Redress
Committee will review grievances and recommend changes in implementation procedures if needed and
Monitoring indicators include the number of active project complaints, percentage of redressed claims, and
percentage of unresolved complaints.

E.9.1.10. GRM Budget:

The allocated budget for GRM in the Resettlement Action Plan is Ksh. 9,516,993.00 (Kenya Shillings Nine
million five hundred sixteen thousand nine hundred ninety-three) which constitute 10% of the total RAP cost.

E. 10. Resettlement and Compensation Strategies

This report outlines the Resettlement and Compensation Strategies for the project, emphasizing fair and
prompt compensation for Project Affected Persons and adherence to key principles as summarised below:

E10.1. Key Principles that have informed this RAP include:

Minimize resettlement or relocation by exploring alternative measures; Compensate PAPs before project
works start, ensuring their livelihoods are not disrupted; Award fair compensation values and involve PAPs
in compensation preferences; Provide a statutory disturbance allowance and ensure communication with

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affected parties and address grievances fairly and promptly, ensuring special assistance for vulnerable
groups.

E.10.2. Resettlement Implementation Arrangements are as follows:

Various organizations, including AWWDA and consultants, have defined roles in the resettlement process.
Activities include preparation of Resettlement Action Plan, validation of assets and ownership, compensation
payments, and livelihood restoration.

E10.4. Valuation and Legal Issues:

Compensation valuation follows provisions outlined in the Land Act, aiming for transparency, equity, and
accountability.

E10.5. Institutional Arrangement:

E10.5.1. Athi Water Works Development Agencys’ PIU oversees RAP implementation, with specific roles
for safeguard experts, community engagement, and monitoring.

E10.5.2. Ministry of Water, Sanitation, and Irrigation coordinates with other ministries, agencies, and
counties regarding RAP issues.

E10.5.3. RAP Implementation Schedule entail:

Activities such as RAP preparation, approval, disclosure, formation of grievance management committees,
validation of assets, compensation payments, and livelihood restoration; After RAP approval, disclosure will
occur after 120 days before implementation, with activities involving land appropriation by NLC and transfer
of titles to the state will be an ongoing process.

E.11. 11. Valuation Methodology and Budget

E. 11.1. Valuation Methodology

The RAP's valuation methodology was based on assessing property value considering market factors,
encompassing data on social, economic, governmental, and environmental attributes. The process included:

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Collecting local market conditions and asset/property details and considering the enjoyment or
compensation rights.

In Kenya, land compensation includes all related expenses and disturbances, possibly exceeding normal
market rates. The valuation in this RAP incorporated five methods: Comparison Method: Adjusts similar
properties to determine value, despite data limitations; Investment Method: Relies on an active investment
market, facing similar data limitations; Full Replacement Cost Approach: Assesses property value based on
acquisition and building costs, ensuring no physical or economic disadvantage to PAPs; Profit Method: Values
property based on hypothetical business profits when rental or sales data are inadequate and Residual
Method: Calculates value by subtracting development costs from estimated future value for properties with
development potential.

The Full Replacement Cost Approach was chosen to ensure accurate property value assessment, protecting
PAPs' interests.

E.11.2. Factors Considered During Valuation

E. 11.2.1. Land Acquisition

The National Land Commission (NLC) oversees land acquisition for public purposes as per the Constitution
of Kenya (2010) and Land Act 2012. Responsibilities include: Implementing settlement programs;
Administering the Land Settlement and Compensation Funds; Identifying and managing ecologically
sensitive areas; Reserving public land for approved settlement programs or purchasing private land if
necessary and approving compulsory acquisitions and ensuring investments benefit local communities.

The NLC will manage gazettement, issue notices, undertake valuation inspections, determine claims, and
handle compensation payments.

E.11.2.2. Basis for Valuation for Land

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The RAP requires additional land for pipe laying and working space, necessitating compulsory acquisition
under the Land Act. Compensation factors include: Size of the affected land; Value influenced by the project
component (water/sewer) and Replacement cost principle.
The land-market comparable approach, analyzing recent sale prices of similar parcels, was used to determine
open market value, ensuring fair and current compensation.

E.11.2.3. Valuation of Structures, Crops, and Trees was based on the gross market value, considering
investment in materials, labor, and inputs. Factors included: Market value and annual yield; Priority to
harvest crops and salvage materials and Market rates and legal frameworks for compensation.

E.11.3. RAP Budget

a. GATANGA
Table 9-0: Summary RAP Budget for Gatanga
No. Property Total No. of Affected Units Total Amount (Ksh.)
Land (0.1716 10 Ksh1,272,300.00
1
Ha)
2 Trees 2183 Ksh14,998,500.00
3 Crops 23162 Ksh4,141,500.89
4 Structures 1 Ksh25,824.00
Total Cost of Land, Trees, Crops and Structures (Ksh.) Ksh20,438,124.89
Add 15% Disturbance allowance (Ksh.) Ksh3,065,718.73
Subtotal 1- Compensation Cost (Ksh.) Ksh23,503,843.62
GRM implementation Add 10% of Subtotal 1 (Ksh.) Ksh2,350,384.36
Monitoring and evaluation Add 15% of Subtotal 1 (Ksh.) Ksh3,525,576.54
Stakeholders Consultation Add 15% of Subtotal 1(Ksh.) Ksh3,525,576.54
Trainings 10% of Subtotal 1(Ksh.) Ksh2,350,384.36
Subtotal 2(Ksh.) Ksh11,751,921.81
Contingency @ 10% of compensation cost of Subtotal
1(Ksh.) Ksh2,350,384.36

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project.

Grand Total (Ksh.) Ksh37,606,149.79

b. MARAGUA
Table 9-1: Summary RAP Budget for Maragua
No. Property Total No. of Affected Units Total Amount (KShs)
1 Land (19.06ha) 52 Ksh51,769,876.00
2 Trees 392 Ksh3,324,000.00
3 Crops 4,715 Ksh1,744,020.00
4 Structures 4 Ksh1,392,075.00
Total Cost of Land, Trees, Crops and Structures Ksh58,229,971.00
Add 15% Disturbance allowance (Ksh.) Ksh8,734,495.65
Subtotal 1- Compensation cost (Ksh.) Ksh66,964,466.65
GRM implementation Add 10% of Subtotal 1(Ksh.) Ksh6,696,446.67
Monitoring and evaluation Add 15% of Subtotal 1(Ksh.) Ksh10,044,670.00
Stakeholders Consultation Add 15% of Subtotal 1(Ksh.) Ksh10,044,670.00
Trainings 10% of Subtotal 1(Ksh.) Ksh6,696,446.67
Subtotal 2(Ksh.) Ksh33,482,233.33
Contingency @ 10% of compensation cost of Subtotal 1
(Ksh.) Ksh6,696,446.67
Grand Total (Ksh.) Ksh107,143,146.64

c. MURANG’A
Table 9-2: Summary RAP Budget for Murang’a
No. Property Total No. of Affected Units Total Amount (KShs)
1 Land 0 Ksh0.00
2 Trees 194 Ksh1,413,000.00
3 Crops 3082 Ksh364,980.00
4 Structures 0 Ksh0.00
Total Cost of Land, Trees, Crops and Structures Ksh1,777,980.00

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project.

Add 15% Disturbance allowance (Ksh.) Ksh266,697.00

Subtotal 1 compensation cost (Ksh.)
Ksh2,044,677.00
GRM implementation Add 10% of Subtotal 1(Ksh.)
Ksh204,467.70
Monitoring and evaluation Add 15% of Subtotal 1(Ksh.)
Ksh306,701.55
Stakeholders Consultation Add 15% of Subtotal 1(Ksh.)
Ksh306,701.55
Trainings 10% of Subtotal 1(Ksh.)
Ksh204,467.70
Subtotal 2(Ksh.)
Ksh1,022,338.50
Contingency @ 10% of compensation cost of Subtotal 1(Ksh.)
Ksh204,467.70
Grand Total (Ksh.)
Ksh3,271,483.20

d. KANGEMA-KANGARI
Table 9-3: Summary RAP Budget for Kangema/Kangari
No. Property Total No. of Affected Units Total Amount (KShs)
Land 2 Ksh2,310,385.00
1
(0.727ha)
2 Trees 0 Ksh0.00
3 Crops 0 Ksh0.00
4 Structures 0 Ksh0.00
Total Cost of Land, Trees, Crops and Structures Ksh2,310,385.00

Add 15% Disturbance allowance (Kshs.) Ksh346,557.75

Subtotal 1- compensation cost (Ksh.) Ksh2,656,942.75

GRM implementation Add 10% of Subtotal 1(Ksh.) Ksh265,694.28
Monitoring and evaluation Add 15% of Subtotal 1(Ksh.) Ksh398,541.41
Stakeholders Consultation Add 15% of Subtotal 1(Ksh.) Ksh398,541.41
Trainings 10% of Subtotal 1(Ksh.) Ksh265,694.28
Subtotal 2(Ksh.) Ksh1,328,471.39

Contingency @ 10% of compensation cost of Subtotal 1(Ksh.) Ksh265,694.28

Grand Total (Ksh.) Ksh4,251,108.42

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project.

e. OVERALL RAP BUDGET

Table 9-1: Overall RAP Budget (Gatanga, Maragua, Kangema/Kangari and Murang’a)
Overall Summary
No. Property Total No. of Affected Units Total Amount (Ksh.)
Land 64.00 Ksh55,352,561.00
1
(19.9586ha)
2 Trees 2769 Ksh19,735,500.00
3 Crops 30,959 Ksh6,250,500.89
4 Structures 5 Ksh1,417,899.00
Total Cost of Land, Trees, Crops and Structures (Ksh.) Ksh82,756,460.89
Add 15% Disturbance allowance (Ksh.) Ksh12,413,469.13
Subtotal 1- Compensation Cost (Ksh.) Ksh95,169,930.02
GRM implementation Add 10% of Subtotal 1(Ksh.) Ksh9,516,993.00
Monitoring and evaluation Add 15%of Subtotal 1(Ksh.) Ksh14,275,489.50
Stakeholders Consultation Add 15% of Subtotal 1(Ksh.) Ksh14,275,489.50
Trainings Add 10% of Subtotal 1(Ksh.) Ksh9,516,993.00
Subtotal 2(Ksh.) Ksh47,584,965.01

Contingency @ 10% of compensation cost on subtotal 1 (Ksh.) Ksh9,516,993.00

Grand Total (Ksh.) Ksh152,271,888.03

E.12. Monitoring and Evaluation

E.12.1. Monitoring and Evaluation

The primary aim of monitoring and evaluation (M&E) in this RAP is to ensure the effective implementation
of the plan, track progress, and address any emerging issues. This involves aligning the implementation with
the established plan, budget, and timeline, providing insights into progress, identifying challenges, and taking
corrective actions. The RAP monitoring plan includes three main components:

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Performance Monitoring: This involves continuous tracking and evaluation of project activities, outputs, and
outcomes against indicators and targets. This will enable assess implementation processes and identify areas
for improvement.

Impact Monitoring: This includes Impact monitoring assesses the effects and implications of RAP
implementation on stakeholders, communities, and the environment. It will measure the implementation
achievement of objectives, such as livelihood restoration and environmental sustainability.

Table 10: Activities, data and responsibility for monitoring and evaluation of RAP implementation

Project Stage Parameter KPI Indicators Verifier Responsibility Frequency

Land Public meetings Number of Minutes of AWWDA During implementation

acquisition and held public meetings
reported to the Bank
resettlement meetings held
monthly through the
planning
monthly report

Census report Completion of Census report AWWDA During implementation

completion assets,
inventory
taking

Permanent land Issuance of Copies of AWWDA, NLC, reported to the Bank

acquisition awards, letters, National monthly through the
progress Disbursement payment Security and monthly report
of vouchers, Interior
compensation bank account Coordination
payments, records
Grievance
redress
procedures

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Compensation Loss of housing Copies of AWWDA, NLC, During implementation

for land and other payment Ministry of and reported to the Bank
structures, vouchers, Public Works, through Monthly report
House verification of National
demolition houses Security and
constructed Interior
Coordination

Relocation and Partial impacts Compensation AWWDA Half-yearly and reported

construction on houses and for to the Bank in Half Yearly
other demolition, reports
structures, new
Acquisition and construction
preparation of and re-
alternative organization
land, of land,
Construction of Voucher
housing, payment,
infrastructure, Actual
and social construction
facilities

Land sub- Number of Records of AWWDA, Every month until

division and plots, Number issuance of National completion of
actual of houses, land and Lands construction activities, or
construction Construction compensation Commission as per requirement by
activities types amount, (NLC), project sponsor
verification of Ministry of
construction Public Works

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activities (MoPW)

Project Arising Compensation Payment Task Force of Twice a year, One year
implementation grievances amount and audits, Compensation after resettlement for
and Defects payment, Records of & the socio-economic
Liability Period Rehabilitation grievances Resettlement survey
of and Committee,
Infrastructures, resolutions contracted
Relocation, research or
Handling consulting
conflicts agency,
development
NGO

iii. Completion Audit

At the conclusion of RAP implementation, a completion audit will evaluate overall achievements, outcomes,
and compliance with project objectives, standards, and regulations. This will include reviewing RAP,
financial records, and on-the-ground activities to ensure all requirements are met.

E. 12.2. Internal Monitoring and Reporting will include: Internal Monitoring will be conducted by AWWDA’s
project implementation unit, focusing on progress against targets and Internal Reporting will be compiled
monthly and quarterly, submitted to AfDB, detailing census survey results and socio-economic impacts.

E.12.4. Monitoring Indicators include the following: Process Indicators: Adequacy of budget, administrative
costs, RAP Steering Committee staffing, grievance resolution mechanisms; Output Indicators: Compensation
disbursement, relocation progress, construction program impacts, inter-agency coordination and Impact
Indicators: Restoration of pre-displacement income levels, security of tenure on remaining land.

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E.12.4.1 Evaluation Tools in this RAP will include: Focused Group Discussions (FGD) will include: Engaging
various stakeholder groups; Key Informant Interviews: Conduct with knowledgeable individuals about
relocation; Stakeholder Meetings: Collect detailed information on project performance; Structured Direct
Observations: Field assessments of RAP implementation and Informal Surveys/Interviews: Non-sampled
surveys with PAPs, workers, and staff.

Reporting and Audits as highlighted in this RAP will include Internal Reports: Monthly and quarterly
reporting on compensation, assistance to vulnerable groups, and complaint resolutions and External Audits:
Annual audits and a final Implementation Completion Audit to assess if objectives were met.

The budget allocated in this RAP is Ksh. 14,275,489.50 (Kenya shillings fourteen million two hundred seventy-
five thousand four hundred eighty-nine shillings and fifty cents), which constitutes 15% of the total
compensation costs for monitoring and evaluation activities.

E. 13.1 Conclusion:

The RAP for the Murang’a County water and sanitation improvement project identifies both positive and
negative impacts. The positive impacts include improved water access and sanitation, while the negative
impacts include loss of livelihood for some PAPs. To mitigate these adverse effects, fair compensation will be
provided to affected persons. A comprehensive monitoring program is recommended to ensure the
effectiveness of social mitigation measures and address any unforeseen issues. The RAP emphasizes a
participatory approach involving the County Government of Murang’a, AWWDA, Other stakeholders, AfDB,
and PAPs to facilitate planned activities according to the schedule.

E.13.2. Commitments:

Timely Compensation and Grievance Resolution:

• AWWDA will ensure that all affected persons are compensated promptly to minimize the time
required for livelihood restoration.

• Grievances raised by PAPs will be resolved fairly and promptly.

Sensitization Exercises:

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• The social safeguard/implementation team will conduct sensitization activities to enhance women's
land rights, ensure proper use of compensation funds, and prevent gender-based violence.

Collaboration with Relevant Institutions:

• AWWDA will collaborate with the County Government of Murang’a and other relevant institutions
for timely RAP implementation, including grievance redress and maintaining the pipeline wayleave.

Notice for Salvaging Assets:

• AWWDA will provide a three-month notice to PAPs to allow them to salvage their assets.

Monitoring and Evaluation:

• AWWDA will undertake ongoing monitoring and evaluation of the RAP during and after
implementation to ensure compliance and address any arising issues.

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1. INTRODUCTION
1.1. General background
Access to water and sanitation in Kenya is facing challenges to keep pace with population growth. Currently,
only 70% of Kenyans have access to drinking water, and a mere 32% have access to sanitation. According to
the Kenya Population and Housing Census in 2019, the population was estimated at 47.5 million, with 31%
residing in urban areas. With an annual population growth rate of 2.2%, there is significant pressure on
existing infrastructure. As urban migration continues, projections indicate that by 2030, approximately 30
million Kenyans (48% of the population) will live in cities. This urbanization surge places even greater
demands on urban infrastructure and stretches the limited financial resources available for essential services.

Despite these challenges, rapid urbanization in Kenya has driven GDP growth, fostered economic
transformation, boosted productivity, and created income and employment opportunities. Towns serve as
vital hubs for sustainable economic growth and social development.

Since the enactment of the Constitution of Kenya in 2010, responsibility for devolved services has shifted to
the 47 County Governments. This decentralization has led to an increase in urban populations, placing
additional pressure on local authorities to meet the growing demands for water and sanitation.

In this regard, MWSI has developed a national water sector investment and financing plan, aggregated from
County Government plans: The National Water and Sanitation Investment and Financing Plan (NAWASIP).
NAWASIP outlines key result areas for rural and urban water supply and sanitation from 2023 to 2030. By
2030, it is projected that Ksh. 236 billion (USD 1.6 billion) will be required for urban water supply and Ksh.
365 billion (USD 2.4 billion) for urban sanitation. This program aims to support both the National and County
Governments in bridging the financing gap for water supply and sanitation infrastructure development in
urban areas of Kenya.

1.2. Program objective

The Government of Kenya has prioritized the achievement of universal access to water services and
sanitation by 2030. The sector aims to enhance health, improve the quality of life, and reduce poverty levels
by fostering private sector growth through sustainable investment in water and sanitation services.

The program's specific objective is to execute water supply and sewerage projects across various towns in
Kenya. The goal is to stimulate commercial activities, spur economic growth, enhance the quality of life for

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residents, and boost resilience against climate variability and change. This initiative will expand both water
and sewerage coverage nationwide and promote private sector development.

1.3. Programe overview

The program will comprise five components:

Component A: Water Supply & Sanitation Infrastructure

This component involves constructing and rehabilitating water supply infrastructure (intakes, pipelines,
water treatment plants, reservoirs, distribution networks, last-mile connections, and metering) and
sanitation infrastructure (wastewater treatment plants, trunk sewers, lateral sewers, last-mile connections,
ablution blocks). The first priority, as agreed with the Government, will be providing last-mile connectivity to
projects implemented under the Bank-financed Kenya Towns Sustainable Water Supply and Sanitation
Program to ensure the functionality of the installed infrastructure and ultimate access to services for project
beneficiaries.

Component B: Watershed Management

This will include climate-adaptive measures for water catchment protection and incorporate best practices
for watershed management within the project area.

Component C: Institutional Development Support

This component aims to ensure the sustainability of the constructed infrastructure and guarantee a return
on investment. It will include:

• Provision of water and wastewater testing laboratories and equipment to Water Service Providers
and KEWI.
• Provision of equipment to manage non-revenue water and sewer maintenance.
• Support for WASREB and WRA.
• Capacity enhancement for WSPs to improve technical, commercial, and financial performance and
prepare bankable projects.
• Support to improve billing and revenue collection systems.
• Promotion of sanitation and hygiene.

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• Preparation of future investment projects.

Component D: Program Management

A Program Coordination Unit (PCU) will be established at the Ministry of Water, Sanitation, and Irrigation
(MOWSI), and Project Implementation Units (PIUs) will be established for each water sector institution,
staffed by adequately skilled personnel. This component will support daily program operations, implement
environmental and social management plans (ESMPs), and conduct program financial and technical audits,
as well as monitoring and evaluation.

Component E: Knowledge Management

This component involves capturing, storing, and sharing knowledge and experiences to improve productivity
and retain critical program information. Specific activities will include:

• Training women and youth on managing water and sanitation businesses arising from the
program.
• Organizing workshops and seminars for knowledge and experience sharing.
• Conducting research and formulating an innovation hub.

Under Component A of the program, Murang’a Cluster Water and Sewerage project has been proposed
under the Ministry of Water Sanitation and Irrigation to be implemented by Athi Water Works Development
Agency. The project is situated within the service areas of four Water Services Providers (WSPs): Murang’a
Water and Sanitation Company (MUWASCO), Murang’a South Water and Sanitation Company (MUSWASCO),
Murang’a West Water and Sanitation Company (MWEWASCO), formerly Kahuti WSP, and Gatanga Water
and Sanitation Company (GATAWASCO). The Ministry of Water, Sanitation, and Irrigation (MWSI) aims to
ensure access to clean and safe water in adequate quantities, provide reasonable standards of sanitation,
and achieve food security as stipulated in Article 43 (b), (c), and (d) of the Constitution.

1.4. Consultancy Services

Losai Management Limited consultants have been engaged under a consultancy contract by the Athi Water
Works Development Agency to undertake consultancy services for the Murang’a Cluster Water and
Sewerage project

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1.4.1 Scope of Consultancy Services

To undertake consultancy services for the detailed design, preparation of tender documents, and ESIA and
RAP studies for the Murang’a Water Supply and Sanitation Project. The project is being implemented under
the National Urban Water Supply and Sanitation Program, funded by the African Development Bank. The
assignment commenced in December 2023 and is set to be completed by July 2024. The following were
undertaken:

1.4.1 Scope of Consultancy Services

Preparation of Detailed Design for Murang’a Cluster Water and Sewerage Project:

• Sewerage works for Kabati, Maragua, and Murang’a Towns

• Thithi - Githingiri and Chomo Phase II Water Supply Project
• Upgrading of Chathanda – Kenol Water Supply System
• Upgrading of Tuthu and Rwathia Water Supply Systems
• Gakoigo WTP – Kambiti Water Supply System

Preparation of the Environmental and Social Impact Assessment (ESIA) and Resettlement Action Plan
(RAP) for the project.
Preparation of Tender Documents.

This report includes RAP details for the following project components:

• Kabati Sewerage systems

• Thithi – Githingiri and Chathanda – Kenol Water Supply Systems
• Maragua Sewerage
• Upgrading of Tuthu and Rwathia Water Supply Systems
• Gakoigo Watert Treatment Plant (WTP) – Kambiti Water Supply System
• Extension of sewers for Murang’a Town
• Last-mile connections and storage tanks for the three involved WSPs

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1.5. Environmental and Social Safeguards Documents

Safeguard documents for the Murang’a Cluster Water and Sewerage Project have been prepared by the
Athi Water Works Development Agency (AWWDA) through the consultant. These documents encompass
the Environmental and Social Impact Assessment (ESIA) and Resettlement Action Plans (RAP). A summary
of the safeguard documents is listed below:

Table 1-1: Required Safeguard Documents

# COMPONENT SCOPE SAFEGUARDS INSTRUMENT

REQUIRED

1 Water Works: Thithi - Githingiri and Chomo phase II Preparation of ESIA and
Water Supply Project Submission to NEMA and
Water intakes, treatment
AfDB for approval.
plants, Raw and Treated Upgrading of Chathanda – Kenol
Gravity Mains, Distribution Water Supply System Preparation of RAP Report
lines, Storage Tanks/BPT and submission to the Bank
Upgrading of Tuthu and Rwathia
and Last mile Connection for approval.
Water Supply systems
water lines

2 Sewerage Works: Sewerage works for Kabati, Maragua Preparation of ESIA and
and Muranga Towns, Submission to NEMA and
Waste water Treatment
AfDB for approval.
Plants, Trunk Sewers and
Last mile connection sewer Preparation of RAP Report
lines and submission to the Bank
for approval.

1.6. RAP Report Structure:

This RAP report is structured into several chapters, each addressing aspects of the project and its impacts on
affected persons.

Chapter 1: serves as an introduction, providing background information on the project, its objectives,
overview, scope of consultancy services, and environmental and social safeguards documents.

Chapter 2: delves into the project description, detailing the project area, components, and associated costs.

Chapter 3 outlines the objectives and principles of the RAP, including the problem statement, objectives,
guiding principles, scope, and methodology.

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Chapter 4 discusses the legal and institutional framework within which the project operates, including
national legal laws, the Constitution of Kenya, and institutional arrangements.

Chapter 5 presents the social-economic baseline condition, covering the context, methodology, objectives of
the socioeconomic survey, and profiles of project-affected persons in various locations.

Chapter 6 focuses on the impacts of the project on affected persons, institutions, land, structures, crops,
trees, and businesses.

Chapter 7 elaborates on the eligibility criteria and entitlements for compensation, including the cut-off date
and entitlement matrix.

Chapter 8 addresses consultation and community participation, outlining the aims, stakeholder categories,
future stakeholder plans, implementation process, and livelihood restoration program.

Chapter 9 discusses grievance redress mechanisms,

Chapter 10 presents resettlement and compensation strategies,

Chapter 11 covers valuation methodology and budget,

Chapter 12 outlines the monitoring and evaluation framework for the project, and

Chapter 13: Conclusion and Recommendations /Commitment.

Annexes

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2. PROJECT DESCRIPTION
2.1 Project Area Description
The project is located within the service area of 4 Water services providers (WSPs), namely; Murang’a Water
and Sanitation Company (MUWASCO), Murang’a South Water and Sanitation Company (MUSWASCO),
Murang’a West Water and Sanitation Company (MWEWASCO) formerly Kahuti WSP, and Gatanga Water and
Sanitation Company (GATAWASCO). These companies are owned by Murang’a County Government and are
licensed by WaSREB, as described below:

i. Murang’a Water & Sanitation Company (MUWASCO) jurisdiction area covers partly two sub-counties
namely Kiharu and Maragua The main target area areas under this project are Kambiti and Maragua
Ridge locations.
ii. Murang’a South Water & Sanitation Company (MUSWASCO) jurisdiction area covers three sub-
counties namely Kandara, Kigumo and Murang’a South. The main target area areas under this project
are Kangari and Kenol.
iii. The Gatanga Water and Sanitation Company (GATAWASCO) area of service is the Gatanga Sub-
County. The total area of service is 528.8 km² but the actual served area is 164km². The target areas
under this project are Kiunyu and Samuru Locations.
iv. Murang’a West Water and Sanitation Company (MWEWASCO) area of service is Kangema and Kiharu
Sub-County.

The figure below is a map of Murang’a county and presents the target for the main areas under this project.

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Figure 2-1: Murang’a County Map Highlighting the target for the main areas under this project.

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2.2 Project Components

The project has Water and Sewerage components that are spread out in the following WSP area of
jurisdiction as tabulated below:

Table 2-1: Project components for Murang’a Cluster Water and Sewerage Project

Water Service Provider Prioritized Project Description of Scope

Gatanga Water and Thithi Githingiri Construction of 4000m3/day intake - 0.3 km raw water
Sanitation Company Water Supply mains (OD 315 mm) - Water treatment works 4000m3/day
(GATAWASCO) System - OD 280-225 mm 10.5km transmission mains - OD 225 mm
6.5km transmission mains - OD 160 mm 12km transmission
mains - 2500m3 Kiawahiga tank

Chomo –Rwegetha - Laying of 7.8 km raw water mains (OD 280 mm) -
Laini Water Project Construction of Proposed treatment works 3000m3/day -
Laying of proposed OD 315mm 0.3km transmission mains -
Laying of proposed OD 225 mm 7.7km transmission mains
- Laying of proposed OD 160 mm 8.1km transmission mains

Murang’a South Water and Chathanda - Kenol - Rehabilitation of intake (upgrading/ new) - Rehabilitation
Sanitation Company Water Supply of Raw Main 10.5km - Construction of 4000m3/day
(MUSWASCO) System Treatment works - Extension of OD 200 pipeline 4km -
Construction of tank 250m3 at Mutheru - Construction of
tank 1000m3 at t/works

Kenol-Kabati - 21 km of reticulation sewers - 4 km of trunk mains -

sewerage Makutano STP Phase II works (AP 3, MP 2 & 3, SDB)

Murang’a West Water and Upgrading of Tuthu - 2500m3 tank at Kanyenyaini sec - 2000m3 tank at
Sanitation Company Water Supply Kawariua - 2km OD 225 mm pipeline replacement
(MWEWASCO) system

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Water Service Provider Prioritized Project Description of Scope

Murang’a Water and Sewer works - Maragua Sewerage System and Sewer Treatment Woks -
Sanitation Company Muranga Sewerage System
(MUWASCO)

2.2.1 Water Interventions

i. Gakoigo-Kambiti Water Supply System
The existing system comprises a dam, DN 400 mm raw water mains, and a treatment facility. The design
capacity of the system is 8,000 m³/day; however, the current operating capacity is 4,500 m³/day or less due
to a limited distribution network. The proposed works for the Gakoigo-Kambiti Water Systems aim to increase
the distribution capacity. The interventions for this system and a summary of the design analysis are
presented in the sections below:

a) Water Source - The water source for this system is the Maragua River, which is a perennial river. There is
an existing water treatment plant to address this need.

b) Water Treatment Works - The existing water treatment plant is designed for a capacity of 8,000 m³/day.

c) Transmission Water Mains - The proposed water main is a 22.6 km long, OD 225 mm, HDPE pipeline
(pressure ratings PN 12.5 to PN 16).

Figure 2-2: Layout and ground profile for the Gakoigo-Kambiti Pipeline

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ii. Upgrading of Tuthu Water Supply Systems

The existing Tuthu system does not have a treatment plant, and turbidity levels in the raw water increase
during the wet season. The proposed works include a new intake weir, a raw water main, and a treatment
plant, as detailed below:

a) Intake Works - The proposed new intake works will source water from the South Mathioya River, which is
perennial in nature. The intake is located 1 km upstream of the existing intake to allow for the gravity flow of
raw water to the proposed treatment plant. The intake is designed to abstract 4,000 m³/day.

b) Raw Water Mains - The raw water main will draw water from the proposed intake to the proposed
treatment works 1,000 m downstream.

c) Treatment Works - The water treatment plant is designed for a capacity of 4,000 m³/day.

d) Storage - The storage capacity includes 1,000 m³ at Kawariua and 2,500 m³ at Kanyenyaini.

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Figure 2-3: Layout for the Tuthu Treatment Plant

iii. Chathanda – Kenol Water Supply System

In this component, the existing system comprises an intake weir, DN 250 mm raw water mains, and a
distribution tank of 150 m³. The assessed capacity of the system is 4,000 m³/day; however, the current
operating capacity is 1,500 m³/day or less due to malfunctioning pipeline appurtenances. The proposed
upgrading works for the Chathanda – Kenol Water System are intended to improve the hydraulic efficiency
so that the system can operate at design capacity. The proposed interventions for this system include:

a) Water Source: The water source for this system is the Chathanda River, which is a perennial river. Water
quality deteriorates during the rainy season due to high turbidity caused by increased human activities
upstream. A water treatment plant has been proposed to resolve this challenge.

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b) Intake Works: The proposed works include rehabilitation/upgrading of the intake, raising the weir height
to 4 meters, constructing a proper draw-off chamber with screens, and desilting the reservoir.

c) Raw Water Mains: The existing raw water main is a 7 km long, OD 280 mm, uPVC pipeline. The pipeline
will be extended by 4 km to the Mareira Treatment Plant.

d) Water Treatment Works: The water treatment plant is designed for a capacity of 4,000 m³/day.

e) Transmission Mains: The existing DN 200 mm transmission main runs from the Mariira tank to Kariguini
(Makuta no water and sewerage project). This pipeline will be adequate to transmit the 4,000 m³/day flow.

f) Storage Tank: Construction of a 1,000 m³ reinforced concrete tank at Mariira.

g) Masonry Break Pressure Tank: Construction of a 250 m³ masonry break pressure tank at Mutheru.

h) Last Mile Connectivity: To increase water coverage, 107 km of water distribution lines will be installed
under the MUSWASCO area.

Figure 2-4: Layout of Chathanda - Kenol Water Treatment Plant

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iv. Thithi Githingiri Water Supply System

This involves the construction of a new system with a design capacity of 4,000 m³/day targeted to serve
Githingiri and its environs. The system will comprise the following:

a) Intake Works: The Thithi intake works will source water from River Thithi, a perennial tributary of River
Kiama. The intake is designed for a capacity of 4,000 m³/day.

b) Raw Water Main The raw water main will draw water from the intake to a treatment works 400 m
downstream.

c) Treatment Works The water treatment plant is designed for a capacity of 4,000 m³/day. The design
parameters are similar to those of the Chathanda system mentioned above.

d) Transmission Mains The 23 km pipeline will transport water from the Thithi Treatment Works to the 2,500
m³ Kiawahiga tank. The water will then gravitate to the Githingiri and Thika Green areas.

e) Storage Tank A 2,500 m³ reinforced concrete (RC) storage tank is proposed at Kiawahiga.

f) Last Mile Connectivity To increase water coverage, 75 km of water distribution lines will be constructed
under the GATAWASCO area.

v. Rwathia Water Supply System

Improvement works for the Rwathia system involve the following:

a) Storage Tank A 2,500 m³ RC water storage tank at Weithaga for the Rwathia system.

b) Last Mile Connectivity To increase water coverage, 180 km of water distribution lines will be constructed
under the MWEWASCO area.

2.2.2 Sewer Interventions

i. Kabati Sewerage System
The proposed sewers will collect waste water from Kabati town and environs and drain to trunk Sewer 2
constructed under the Makutano Sewerage Project.

The figure below illustrates the layout of the sewers for Kabati alongside the constructed works under the
Makutano sewerage project

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Figure 2-5: Proposed Sewer Network for Kabati and Environs

Table 2-2: Summary of Kabati Sewers details

Sewer Design Summary

a) Trunk Sewer ● Total Length = 3,800 m

● 300 mm Dia = 3100m
● 400 mm Dia = 700 m
b) Lateral Sewers ● Total Length = 21,000 m
● 250 mm Dia = 21,000 m

c) House Hold Connections ● 500 household connections

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ii. Maragua Sewerage System

The designed wastewater system comprises secondary and tertiary sewers which will collect waste water
from the Maragua township and surrounding areas and discharge into Trunk 1 and Trunk 2. These trunks are
mainly planned along the riparian and road reserves and merge to a main interceptor trunk which will convey
the sewage for treatment at the new Maragua sewage treatment plant. The layout below presents the new
sewerage system.

Figure 2-6: Layout Map of new Maragua Sewerage System

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The table below presents a summary of the designed sewers

Table 2-3: Summarized design details for Proposed Sewers

Sewer Design Summary

Trunk Sewer ● Total Length = 13,530 m

● 300 mm Dia = 3660m
● 400 mm Dia = 9870m
Lateral Sewers ● Total Length = 9,097 m
● 200 mm Dia = 9,097m

• Maragua Sewage Treatment Plant

This comprises the following components:

A waste stabilization pond treatment system which has following components:

● Inlet works
● Anaerobic ponds
● Facultative ponds
● Maturation ponds
● Sludge drying bed
● Utility buildings and site works (access roads, drains, fence, water supply etc).
● House Hold Connections – there are 500 new plot connections under the Maragua sewerage works.

iii. Murang’a Sewer Extensions

The new sewers are extensions of the existing public sewer system. Therefore, they will collect wastewater
and discharge into the existing Murang'a Wastewater Treatment Plant (WWTP).

The layout below presents the new sewer extensions.

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Figure 2-7: Layout of proposed Sewer extensions for Murang; a Town

iv. Trunk Sewer -

Table 2-4: Summary of Murang’a Sewers details

Sewer Design Summary

• Total Length = 9,922 m

• 200 mm Dia =726m
Trunk Sewer • 250 mm Dia =3282m
• 300 mm Dia = 2455m
• 400 mm Dia = 3459 m

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Table 2-5: Summary of Land Requirement for the proposed works

Location Land Affected in hectares (ha)

Muranga 0

Maragua 19.06

Gatanga 0.1716

Kangari-Kangema 0.727

Total 19.9586

Figure 2-8: Pictures for the proposed project area

Proposed site for Gatanga Water Pipeline Proposed site for Maragua STP Proposed Rehabilitation site at the
existing Chathanda Intake (Kangari
water supply project Component)

2.3 Water project cost

The total cost for the proposed upgrading works is Ksh. 1,318,797,127 (Kenyan Shillings One billion
three hundred eighteen million seven hundred ninety-seven thousand one hundred twenty-
seven).

2.4 Sanitation Project Cost

The total cost for the proposed upgrading works is Ksh. 1,069,315,710 (Kenyan Shillings One billion
sixty-nine million three hundred fifteen thousand seven hundred ten).

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3. OBJECTIVES AND PRINICIPLES OF RAP

3.1. The problem and need for RAP
Displacement impacts are anticipated to be small in scale occasioned by, reclamation of encroached riparian
reserve along Thithi River, Chathanda River, and Chomo River, acquisition of private land for the construction
of intake, weir and treatment plant, a tank at Githingiri, Construction of water treatment plant at Kiwahiga,
pipeline land for Kayahwe- Kambiti pipeline, tank site for Machegecha, wayleave for chathanda intake,
Obtaining consent for construction of water treatment works at Rwegetha and Mariria from the County
Government, consents from Board of Management (BOM) Kanyenyaini Secondary School, and engagements
with Kenya Forest Service for way leave for Tuthu T-works and rehabilitation intakes on Aberdare Forest and
Reclamation of encroached road reserve along pipeline for Kabati sewerage.

The AfDB environmental and social operation safeguard OS2 on land acquisition, restrictions on access to
land and land use, and involuntary resettlement, outlines the following objectives:

(i) Avoid involuntary resettlement where feasible, or minimize resettlement impacts where involuntary
resettlement is deemed unavoidable after all alternative project designs have been explored;
(ii) To avoid forced eviction.
(iii) To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions
on land use by: (a) providing timely compensation for loss of assets at full replacement cost and (b)
providing sufficient resettlement assistance under the project to support displaced persons in their
efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-
displacement levels or to levels prevailing prior to the beginning of project implementation,
whichever is higher.
(iv) To improve living conditions of poor or vulnerable persons who are physically displaced by the
project, through provision of adequate housing, access to services and facilities, security of tenure
and safety.
(v) To establish a mechanism for monitoring the performance and effectiveness of involuntary
resettlement activities which result from project activities, and for remedying problems as they arise.
(vi) To conceive and execute resettlement activities as sustainable development programs, providing
sufficient investment resources to enable displaced persons to benefit directly from the project, as
the nature of the project may warrant.

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(vii) To ensure that resettlement activities are planned and implemented with appropriate disclosure of
information, meaningful consultation, and the informed participation of those affected.

The applicability of OS2 is established during the RAP preparation and for ESIA described in Assessment and
Management of Environmental and Social Risks and Impacts (OS1). Further, the Environmental Management
and Coordination Act, 2015 amendments, provides for a RAP whenever displacement is identified as an
impact during Environmental and Social Impact Assessment (ESIA) studies.

3.2. Objectives of the Resettlement Action Plan

The main objective of the RAP is to ensure compliance with AfDB the safeguards policies and Kenya’s national
laws regarding involuntary resettlement. The goal is to mitigate the adverse economic and social
consequences of Involuntary Resettlement or the loss of property/livelihood due to the Project activities.
These consequences include relocation or loss of shelter, loss of assets or access to assets, and livelihoods.

This RAP, outlines procedures for compensating PAPs and restoring their livelihoods even beyond the
project's completion phase. All restoration and resettlement activities leading to compensation will be
incompliance with the mandates of the Kenyan Constitution, AfDB's standards, and international best
practices.

The specific objectives of this RAP include:

(i) Raising awareness to affected communities regarding the project and its impacts
(ii) Conducting surveys of sewers, water pipelines, water treatment facilities, tanks, and defining the PAPs.
This includes determining their eligibility for compensation, categorizing assets to be compensated, and
establishing the cut-off date for eligibility.
(iii) Providing a socio-economic survey for identifying entitlements and development of strategies to
minimize impacts on PAPs.
(iv) Establishment of a comprehensive land acquisition and compensation process with a Grievance
Resolution Mechanism to address any grievances stemming from displacement.
(v) Determination of compensation rates for loss of assets and outlining the methodology for assessing the
values.
(vi) Outlining the most preferred resettlement options for PAPs, with consideration to vulnerable categories
among them.

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Throughout these RAP, compliance with AfDB Operational Standards is maintained to ensure the just and
ethical treatment of all persons affected by the project.

3.3. Principles of this Resettlement Action Plan

In developing this RAP, the following “best practice” principles were adopted:

(i) Where involuntary resettlement is unavoidable, all persons affected by the project will be compensated
fully and fairly for loss of assets including both permanent and temporary structures.
(ii) Involuntary resettlement is an opportunity for improving the livelihoods of the affected people and
undertaken accordingly.
(iii) All persons affected through resettlement will be consulted and involved in resettlement planning to
ensure that the mitigation of adverse effects as well as enhancing the benefits of resettlement is
appropriate and sustainable.
(iv) PAPs who have formal legal rights to land or other affected assets (including customary and traditional
rights to the use of land or other assets); and those who do not have formal legal rights to land or other
assets at the time of the Resettlement planning process and census (but who have claim to such legal
rights by virtue of occupation or use of those assets) are considered eligible for resettlement action.
Therefore, the absence of legal title to land or other assets is not, in itself, a bar to compensation for lost
assets or to other resettlement assistance.

3.4. Scope of the Resettlement Action Plan

The RAP's scope has integrated the social safeguards guidelines outlined in the African Development Bank’s
Involuntary Resettlement Policy (2003). The following activities have been conducted:

(i) Reviewing and analyzing secondary data from secondary sources.

(ii) Identifying PAPs along the water and sewer pipeline routes, tank sites, intake, weir, water
treatment works, and compiling inventories of affected assets for all identified PAPs, including
land, structures, trees, crops, livelihoods, and cultural assets.
(iii) Reviewing Kenyan legal provisions and comparing them with AfDB operation safeguards to
identify any gaps and harmonize recommendations into resettlement planning.
(iv) Developing a land acquisition schedule and resettlement plan within the overall RAP budget to
facilitate implementation.

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(v) Holding public consultations with PAPs, affected communities, stakeholders, and civil society
members, facilitated by local government administrative representatives.
(vi) Conducting surveys using questionnaires, interviews, and public meetings to assess the socio-
economic status of the PAPs.
(vii) Making observations along the proposed pipeline to gather empirical evidence on the
characteristics of communities affected by the project.

3.5. RAP Approach and Methodology

The RAP was prepared based on the survey plans and detailed designs of the Project. The methodology
adopted in preparation of this RAP included various steps:

(i) Review of relevant documents

(ii) Field work
(iii) Community and stakeholder consultation
(iv) Socio-economic survey and census of the PAPs and assets
(v) Valuation of assets and livelihood losses
(vi) Preparation of PAPs registers

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4. LEGAL INSTITUTIONAL FRAMEWORK

Overview
This chapter outlines the legal framework for land acquisition as anticipated in the implementation of the
Project. It highlights key issues related to Kenyan land legislation concerning involuntary resettlement within
this RAP. The chapter provides an overview of Kenya's land policy and constitutional provisions related to
land use, planning, acquisition, management, and tenure. It specifically addresses legislation related to land
expropriation or acquisition, land valuation, and land replacement. Additionally, the chapter compares
Kenyan legislation with the African Development Bank Operation Safeguard Policy (AfDB OS2) on
resettlement, identifying gaps and making recommendations to address them.

4.1. NATIONAL RELEVANT LAWS

4.1.1. National Land Policy
The National Land Policy (“NLP” or “Policy”) was adopted in August 2009 with the aim of providing an overall
framework for new legislation and defining key measures required to address critical issues such as land
administration, access to land, land use, and restitution related to historical injustices and an outdated legal
framework. The NLP addresses constitutional issues such as compulsory acquisition and development
control. Section 45 of the NLP defines compulsory acquisition as “the power of the State to extinguish or
acquire any title or other interest in land for a public purpose, subject to prompt payment of compensation.”
Under the current Constitution, the Land Act 2012 empowers the National Land Commission (under the
guidance of Minister for Lands) to exercise the power of compulsory acquisition on behalf of the State.
Similarly, the NLP empowers the National Land Commission to compulsorily acquire land.

According to the NLP, the exercise of compulsory acquisition in the past has been conducted with abuses and
irregularities. The NLP therefore calls for a revision of such power and requires the GoK:

• To review the law on compulsory acquisition to align it with the new categories of land ownership
(public, private and community land);
• To harmonize the framework for compulsory acquisition to avoid overlapping mandates;
• To establish compulsory acquisition criteria, processes and procedures that are efficient, transparent
and accountable;
• To institute legal and administrative mechanisms for the exercise of the power of compulsory
acquisition by the State through the National Land Commission; and

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• To confer pre-emptive rights on the original owners or their successor in title where the public
purpose or interest justifying the compulsory acquisition fails or ceases.

4.1.2. The Constitution of Kenya (2010)

The Constitution of Kenya, 2010, protects the sanctity of private property rights and states that no property
can be compulsorily acquired by the Government except in accordance with law. Article 40(3) states:

“The State shall not deprive a person of property of any description, or of any interest in, or right over, property
of any description, unless the deprivation–results from an acquisition of land or an interest in land or a
conversion of an interest in land, or title to land, in accordance with Chapter Five; or is for a public purpose or
in the public interest and is carried out in accordance with this Constitution and any Act of Parliament that –

i. Requires prompt payment in full, of just compensation to the person; and

ii. Allows any person who has an interest in or right over, that property a right of access to a court of
law.

The Constitution empowers the state to exercise the authority of compulsory acquisition. Land Act 2012 (LA)
designates the National Land Commission (NLC) as the agency empowered to compulsorily acquire land.
Article 40 of the Constitution provides that the state may deprive owners of property only if the deprivation
is "for a public purpose or in the public interest," which includes public buildings, roads, way leaves, drainage,
irrigation canals among others. The state's exercise of this power is left at the discretion of NLC, and requires
the state to make full and prompt payment of "just compensation" and an opportunity for appeal to court.

Article 40(3) (a) refers to acquisition and conversion of all kinds of land in Kenya (private, public, community
land and foreign interests in land). The Constitution further provides that payment of compensation shall be
made to “occupants in good faith” of land acquired by the state who do not hold title for such land. An
occupant in good faith is a “bona fide” occupant. On the other hand, under the Constitution, those who have
acquired land illegally are not regarded as deserving any compensation.

In addition to Article 40, Chapter Five of the Constitution is relevant to compulsory acquisition. This chapter,
entitled "Land and Environment," is divided into two parts. Part 1 deals with land, and Part 2 deals with
environment and natural resources. Part 1 of Chapter 5, articles 60 – 68, describes the principles of land
policy. Land should be held, used and managed in a manner that is equitable, efficient, productive and

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sustainable and in accordance with security of land rights, sound conservation and protection of ecologically
sensitive areas. These principles must be implemented through a national land policy reviewed regularly by
the national government and through legislation.

4.1.3. Land Act, No.6 of 2012

The enactment of the Land Act (No. 6 of 2012) repealed the substantive law that has been the basis for
compulsory land acquisition (Land Acquisition Act –Cap 295) (Repealed). The provisions of the repealed Act
have however been incorporated in the Land Act, No. 6 of 2012 and gives the power of compulsory
acquisition of land to the National Land Commission. It specifies the manner for determination and the award
for compulsory acquisition to be served on the persons determined to have interest in the affected land.

According to Section 128 of the Act, any dispute arising out of any matter under the Act, which involves
compulsory acquisition process, should be referred to the Land and Environmental Court for determination.
Sections 107-133 of the Land Act specify the procedure to be followed in the process of compulsory land
acquisition. Section 134 of the Act creates a Settlement Fund for land acquisition to provide shelter and
livelihoods to people who are involuntarily displaced. Part II section 8 provides guidelines on management of
public land by the National Land Commission on behalf of both national and county governments. This law,
in section 8(b) stipulates that the Commission shall evaluate all parcels of public land based on land capability,
classification, land resources mapping consideration, overall potential for the land use, and resource
evaluation for land use planning. Section 8(d) stipulates that the Commission may require the land to be used
for a specified purpose subject to such conditions, covenants, encumbrances or reservations as are specified
in the relevant order.

Section 107 of the Act requires the national or county government after satisfying that it is necessary to
acquire land for public development to apply to the Land Commission for the necessary land acquisition.
Upon approval, the land earmarked for compulsory acquisition will be geo-referenced and authenticated at
the national and county level (Section 110). According to Section 111 of the Act, just compensation shall be
paid promptly to all persons whose interests have been affected by the land acquisition.

National Land Commission Act

The National Land Commission (NLC) will undertake compensation. NLC is an independent government
commission whose establishment was provided for by the Constitution of Kenya, 2010 to, amongst other
things, manage public land on behalf of the national and county governments, initiate investigations into

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present or historical land injustices and recommend appropriate redress, and monitor and have oversight
responsibilities over land use planning throughout the country.[1] It was officially established under The
National Land Commission Act, 2012.Pursuant to

Article 67(2) of the Constitution, the functions of the Commission are —

• To manage public land on behalf of the national and county governments;

• Compulsory acquire land for national and county governments
• Compensate acquired land on behalf of national and County government
• To recommend a national land policy to the national government;
• To advise the national government on a comprehensive programme for the registration of title in
land throughout Kenya;
• To conduct research related to land and the use of natural resources, and make recommendations
to appropriate authorities;
• To initiate investigations, on its own initiative or on a complaint, into present or historical land
injustices, and recommend appropriate redress;
• To encourage the application of traditional dispute resolution mechanisms in land conflicts;
• To assess tax on land and premiums on immovable property in any area designated by law; and
• Monitor and have oversight responsibilities over land use planning throughout the country.

Under the National Land Commission Act, the Commission shall:

• On behalf of, and with the consent of the national and county governments, alienate public land;
• Monitor the registration of all rights and interests in land;
• Ensure that public land and land under the management of designated state agencies are sustainably
managed for their intended purpose and for future generations;
• Develop and maintain an effective land information management system at national and county
levels;
• Manage and administer all unregistered trust land and unregistered community land on behalf of the
county government; and
• Develop and encourage alternative dispute resolution mechanisms in land dispute handling and

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management.
• Implement Settlement programmes on behalf of national and county governments as outlined in
section 134 of the Land Act.
• Administer the Land Settlement Fund in accordance with section 135 of Land Act
• Manage the Land Compensation Fund
• Identify ecologically sensitive areas that are within public land and demarcate and take any other
justified action on those areas and act to prevent environmental degradation and climate change in
accordance with the Land Act.
• Reserve public land for the establishment of approved settlement programmes, and where public
land is not available, purchase private land subject to the Public Procurement and Disposal Act, 2005
or any other law as provided for in section 134 (5) of the Land Act.
• Set aside land for investment purposes in accordance with section 12(3) of the Land Act.
• Approve compulsory acquisitions, wayleaves, easements and analogous rights.
• Ensure that the investments, in land benefit local communities and their economies.
• Make regulations prescribing the criteria for allocation of public land, such regulations to prescribe
forms of ownership and access to land under all tenure systems.
• The procedure and manner of setting aside land for investment should respect mechanisms of
benefit sharing with local communities.

As a result, NLC will compensate all affected PAPs, since legally they are the constitutional body charged with
this responsibility.

HIV/AIDS Prevention and control Act (Act No. 14 of 2006)

Part 11, Section 7 of the Act requires that HIV and AIDs education be carried out at the work-place. The
government is expected to ensure the provision of basic information and instruction on HIV and AIDS
prevention and control to: -

i. Employees of all government ministries, departments, Authorities, and other agencies and
employees of private and informal sectors.
ii. The information on HIV/AIDS is expected to be treated with confidentiality at the work place and
positive attitude towards infected employees and workers.

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Urban Areas and Cities Act, 2011

Section 5 of the Act states that a Municipality is eligible for a City status if it can satisfy that it has
infrastructural facilities including but not limited to road, street lights, market and fire station, an adequate
capacity for disaster management and has infrastructure that provide national and regional connectivity.

Section 26 (b) gives power to the Council of the City or a big Municipality to formulate and implement a
master plan for urban and physical planning. This plan framework would form the basis for infrastructure
development and provision of essential services including provision of water, sanitation, health care,
education, housing, transport, disaster management system and facility for safe environment.

According to section 26 (c) the Council is expected to exercise control over land use, land sub- division , land
development and zoning of public and private land for any purpose including agriculture, industry ,
commerce, market, employment centres, residential areas, recreation parks, entertainment, passage
transport freight and the transit stations within the framework of spatial and master plans of City and
Municipality.

Section 44 provides that for the Council to form partnership of social infrastructural services with companies
within and outside the County. This includes the construction of roads, environmental conservation and
preservation, construction of health centers and promotion of tourist and cultural events.

Physical Planning Act Cap 286

The Act provides for preparation of land use plans with a view to improving the affected land, securing
suitable provision for transport, public purposes, utilities and services, commercial, industrial, residential
uses among others. This is defined in the Section 16 of the Act. The process for plan preparation are included
in the main Act whereby all plans have to be presented to the public and published in the local newspaper
prior to approval by the Minister.

Stakeholders have to be involved in the planning process and their views have to be incorporated in the land
use plan. Once the land use category has been incorporated in a land use plan and it has gone through the
approval stage, the dedicated land use vests in the authority responsible for the activity or service for the
benefit of the public as a whole. Section 30 of the Act states that any person who carries out development
within an area of a local authority without development permission shall be guilty of an offense and the
development shall be invalid. The Act also gives the local authority power to compel the developer to rectify

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or comply with any condition within ninety days. If no action is taken, then the Council will restore the land
and recover the cost incurred thereto from the developer. In addition, the same Section also states that no
person shall carry development within the area of local authority without development permission granted
by the local government.

Environment and Land Court Act (2011)

The Act gives effect to Article 162(2) (b) of the Constitution by establishing the Environment and Land Court
that has original and appellate jurisdiction. According to Section 4 (2) and (3), it is a court with the status of
the High Court.

It exercises jurisdiction throughout Kenya and pursuant to section 26, is expected to ensure reasonable and
equitable access to its services in every county. The principal objective of this Act is to enable the Court to
facilitate a just, expeditious, proportionate and accessible resolution of disputes governed by the Act. The
Court exercises its jurisdiction under Section 162 (2) (b) of the Constitution and has power to hear and
determine disputes relating to:

a) Environmental planning and protection, climate issues, land use planning, title, tenure, boundaries,
rates, rents, valuations, mining, minerals and other natural resources;
b) Compulsory acquisition of land;
c) Land administration and management;
d) Public, private and community land and contracts, choses in action or other instruments granting any
enforceable interests in land; and
e) Any other dispute relating to environment and land.

Nothing in the Act precludes the Court from hearing and determining applications for redress of a denial,
violation or infringement of, or threat to, rights or fundamental freedom relating to land and to a clean and
healthy environment under Sections 42, 69 and 70 of the Constitution.

Matrimonial Property Act No. 49 of 2013

The Matrimonial Property Act No. 49 of 2013 outlines the legal framework for the ownership of matrimonial
property in Kenya. Matrimonial property includes the matrimonial home or homes, household goods and
effects, and any other property jointly owned and acquired during the marriage. Key provisions include:

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i. Both spouses have equal rights and responsibilities in the ownership of matrimonial property.
Property acquired during the marriage is presumed to be jointly owned unless proven otherwise.
ii. The Act recognizes both monetary and non-monetary contributions by spouses towards the
acquisition and improvement of matrimonial property. Non-monetary contributions include
domestic work and management of the matrimonial home, childcare, companionship, and farm
work.
iii. The Act provides that matrimonial property cannot be sold, leased, or mortgaged without the
consent of both spouses.
iv. Upon the dissolution of a marriage, the matrimonial property shall be divided equitably between
the spouses. The court considers each spouse’s contribution to the property’s acquisition and
improvement.
v. Property held in the name of one spouse is presumed to be held in trust for the other spouse,
taking into account each spouse's contribution.
vi. Any property acquired by a spouse before the marriage or through inheritance or gift during the
marriage is considered the separate property of that spouse and not subject to division.
vii. The Act allows for the resolution of disputes regarding matrimonial property through the court
system.

This RAP has incorporated the Matrimonial Property Act No. 49 of 2013, ensuring the protection of both
spouses’ rights to property acquired during the marriage, ensuring fairness and equity in the ownership and
division of matrimonial property.

The Prevention, Protection, and Assistance to Internally Displaced Persons and Affected Communities Act,
2012
The Prevention, Protection, and Assistance to Internally Displaced Persons and Affected Communities Act,
2012, provides a framework for addressing internal displacement in Kenya. It outlines government
responsibilities in preventing displacement, protecting IDP rights, and providing necessary assistance. Key
provisions include:

• Preventing displacement through risk reduction and sustainable practices.

• Protecting IDP rights to safety, basic services, and non-discrimination.

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• Providing timely humanitarian assistance respecting cultural practices.

• Registering IDPs for access to services and legal rights.
• Promoting durable solutions like voluntary return, integration, or resettlement.
• Involving affected communities in decision-making processes.
• Coordinating efforts among government agencies and humanitarian organizations.
• Monitoring and ensuring accountability for IDP rights.

This RAP does not have any IDPs in the project area but aligns with the Act’s mandates to protect IDP rights.

The Valuers Act (1985) Revised 2010

The Valuers Act establishes the Valuers Registration Board, which regulates the activities and practice of
registered valuers. All valuers must be registered with the Board to practice in Kenya. The Board shall keep
and maintain the names of registered valuers, which shall include the date of entry in the register, the address
of the person registered, the qualification of the person, and any other relevant particulars that the Board
may find necessary.
The valuer’s Act does not provide a description of the valuation procedures and methods. The preparation
of this RAP included the services of registered valuer who is approved by the Valuers Registration Board.
Under the Valuers Act, professional misconduct of a registered valuer includes:

• False or incorrect entry in the register;

• False or misleading statements caused by omission or suppression of a material fact; and
• The acceptance of any professional valuation work which involves the giving or receiving of discounts
or commissions.

In case of professional misconduct, the registered valuer is guilty of an offense punishable by:

• Caution or censure of the valuer;

• Suspension of the valuer's registration for a specified period;
• Removal of the valuer's name from the register;
• Imposition of a fine not exceeding ten thousand shillings and/or imprisonment for three years.

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Fees for land valuation in case of compulsory acquisition are established based on the value of the property:
"the first Kshs 400,000 at 1 percent, and the residue at 0.5 percent".

The Land Laws (Amendment) Act 2016, Including Evictions Guidelines (April).
The Land Laws (Amendment) Act 2016 introduced several key provisions, including guidelines for evictions,
to ensure fair and humane treatment of individuals facing eviction. These guidelines aim to align with
constitutional protections and international human rights standards.
Key elements of the eviction guidelines include:
i. The Act mandates that all affected persons receive adequate notice of eviction, detailing the
reasons for eviction and the date and time of the planned eviction.
ii. Affected individuals and communities must be consulted, and their views considered before any
eviction is carried out.
iii. Where evictions result in displacement, the Act requires that suitable alternative accommodation
or resettlement be provided to the affected persons.
iv. The Act stipulates that fair compensation must be provided for any loss of property or livelihood as
a result of the eviction.
v. Affected persons have the right to access legal remedies and challenge the eviction in a court of
law.
vi. Special consideration must be given to the needs and rights of vulnerable groups, including women,
children, the elderly, and persons with disabilities.
vii. Evictions must be carried out in a manner that respects the dignity and rights of the affected
individuals, minimizing the use of force and avoiding unnecessary harm.

This RAP has been prepared in accordance to the eviction guidelines stipulated in this act: elements ( I - vii).
4.2. INSTITUTIONAL FRAMEWORKS
The Government of Kenya has established a number of institutional and administrative entities to ensure
adequate management of associated concerns and eventualities. The following are the main institutions that
perform the regulatory role and are relevant to the project.
The frameworks play a role of providing the necessary structure and support for effective Resettlement
process. They provide clear guidelines, policies and procedures that ensure compliance with legal and
regulatory requirements thus protecting the rights and interests of all Project Affected Persons and

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communities. The frameworks help in facilitating coordination among stakeholders including government
agencies and affected populations by ensuring transparency and inclusivity in project implementation. They
also help in mobilizing for the necessary resources, grievance redress and monitoring RAP progress thus
ensuring accountability and the process conducted efficiently and fairly.
4.2.1.1. MINISTRY OF WATER & SANITATION AND IRRIGATION
The mandate of the Ministry is to protect, conserve and manage water resources and ensure sustainable use
of water in Kenya. The Ministry has a responsibility of improving the sustainable management of water
resources to support socio-economic development, reduce poverty, improve living standards, and ensure a
clean environment.
The MoWSI will play the following roles in this RAP beyond their mandated responsibilities:

• It is the Executing body for this project hence will be mandated to ensure RAP implementation is
successful.
• The Ministry will also coordinate with national treasury and AfDB to ensure availability of funds for
RAP implementation.
• The Ministry will oversee the RAP implementation to ensure it complies the AfDB ISS, legal
frameworks and international best practices.

4.2.1.2. MINISTRY OF INTERIOR & COORDINATION OF NATIONAL GOVERNMENT

The Ministry of Interior and National Administration was created vide Executive order No.2 of 2023. It is
responsible for ensuring a secure, cohesive and crime free country for socio-economic development. The
Ministry comprises State Department for Internal Security and National Administration; State Department
for Immigration and Citizen Services; State Department for Correctional Services; and the National Police
Service.

Ministry of Interior & Coordination of National Government will play the following Role in this the RAP:

• The Ministry will be responsible for ensuring public safety, security, and law enforcement,
maintaining order during the resettlement process.
• They will facilitate the coordination between national and local government agencies, ensuring that
the resettlement activities are carried out smoothly.
• The ministry will ensure a smooth RAP implementation process by facilitating activities such as

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community mobilization, sensitization, community engagement, and grievance redress through the
National Government Administrative Office (NGAO).
• The ministry will address any security concerns that may arise, safeguarding the interests of the PAPs
and ensuring that the resettlement process is conducted in a fair and orderly manner.

4.2.2. The National Treasury

Operating under the Constitution 2010, the Public Management Act 2012, and Executive Order No.2/2013,
the National Treasury holds several core functions such as:

• Formulate, implement, and monitor policies involving expenditure and revenue.

• Oversee national public debt, guarantees, and other financial obligations.
• Develop policies that promote social and economic development.
• Secure domestic and external resources for national and county budgets.
• Design systems for transparent financial management and reporting.
• Ensure uniform accounting standards in collaboration with the Accounting Standards Board.
• Develop policies for public fund operations.
• Prepare the Division of Revenue Bill and the County Allocation of Revenue Bill.
• Strengthen financial relations between national and county governments.
• Support county governments in financial management.
• Prepare, execute, and control the national budget.

The Ministry of Finance will be crucial to the RAP and its implementation;

• The Ministry will allocate and manage the budget for PAPs compensation and land acquisition.
• The Ministry will ensure that the RAP is implemented in compliance with national laws AfDB
guidelines.
• The Ministry will monitor and evaluate the progress of the RAP implementation.
• The Ministry will serve as contract guarantors in the loan agreement for the project with AfDB.
• The Ministry will ensure that the project is implemented on time, with the specified quality, and
within the stipulated cost as per the loan agreement.

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• The Ministry will ensure that the loan is repaid upon project completion and manage revenue
generation from assets derived from the project.

4.2.3. NATIONAL LAND COMMISSION

The National Land Commission (NLC) will play a significant role in the RAP by ensuring that land acquisition
and resettlement processes are conducted fairly and transparently. Its functions in this RAP include:

• The NLC will facilitate the acquisition of land required for the project, ensuring that the process
adheres to legal and regulatory frameworks. This includes verifying land ownership and conducting
due diligence to prevent disputes.
• The NLC will be responsible for the valuation of land and other assets affected by the project. It will
ensure that PAPs receive fair compensation based on market values and statutory guidelines.
• In collaboration with the RAP team and local administration, the NLC will organize and facilitate
public participation forums where PAPs can voice their concerns and provide input on the
resettlement process. It will also manage grievance mechanisms, ensuring that any disputes or
complaints related to land acquisition and compensation are addressed promptly.
• The NLC and AWWDA will maintain records of all land acquisition and resettlement activities. All
transactions and compensations will be documented and regular reports provided to AWWDA for
submission to the Bank.
• The NLC will aid in the coordination with other government agencies, local authorities, and
stakeholders to facilitate a smooth resettlement process.

4.2.4. NATIONAL ENVIRONMENT AND MANAGEMENT AUTHORITY

National Environment and Management Authority (NEMA) is established under section 7 of the Environmental
Management and Coordination Act, no 8 of 1999 as the principal institution which exercises general
supervision and coordination over all matters relating to the environment. It is also the principal instrument
of Government in the implementation of all policies relating to the environment. NEMA is charged with the
responsibility to:
• Co-ordinate the various environmental management activities being undertaken by the lead agencies
and promote the integration of environmental considerations into development policies, plans,
programs, and projects with a view to ensuring the proper management and rational utilization of

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environmental resources on a sustainable yield basis for the improvement of the quality of human
life in Kenya;
• Identify projects and programs or types of projects and programs, plans, and policies for which
environmental audit or environmental monitoring must be conducted under this Act;
• Monitor and assess activities, including activities being carried out by relevant lead agencies, in order
to ensure that the environment is not degraded by such activities, the environment is not degraded
by such activities, environmental management objectives are adhered to and adequate early warning
on impending environmental emergencies is given;
• Publish and disseminate manuals, codes, or guidelines relating to environmental management and
prevention or abatement of environmental degradation.
Some of the NEMA functions are performed through committees established by EMCA as follows.
i. Standards and Enforcement Review Committee (SERC)
EMCA provides for the establishment and enforcement of environmental quality standards to be set by a
technical committee of NEMA known as the Standards and Enforcement Review Committee (SERC).
ii. Public Complaints Committee
EMCA has also established a Public Complaints Committee, which provides the administrative mechanism for
addressing environmental harm. The Committee has the mandate to investigate complaints relating to
environmental damage and degradation. The members of the Public Complaints Committee include
representatives from the Law Society of Kenya, Nongovernmental organizations (NGOs), and the business
community.
NEMA has played a crucial role in the RAP in several ways:

• Provided oversight to ensure that all aspects of the project complied with Kenya's environmental
regulations and standards. This involved monitoring environmental impacts throughout the project
lifecycle, from planning to implementation.
• Ensured that the project adhered to environmental laws and regulations. This included assessing
potential environmental impacts, recommending mitigation measures, and overseeing their effective
implementation to minimize environmental degradation.
• Facilitated public participation processes related to environmental aspects of the project. This
ensured that affected communities and stakeholders had opportunities to provide input, express

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concerns, and participate in decision-making regarding environmental management.

• Aided in the addressing of grievances related to environmental impacts or concerns arising from the
project. It provided mechanisms for affected persons to lodge complaints and ensured that these
grievances were addressed transparently and fairly through established committees like the Public
Complaints Committee.

4.2.5. DEPARTMENT OF OCCUPATIONAL HEALTH AND SAFETY (DOSHS)

It oversees provisions of health, safety, and welfare of all workers in all workplaces, trains and does
awareness on occupational safety and health, investigates occupational accidents at workplaces, and does
regular inspection and auditing of workplaces to promote best practices and ensure compliance with safety
and health standards as set out in OSHA, 2007 and its subsidiary legislations and undertakes examination and
testing of equipment such as hoists and cranes. The contractor will comply with the safety and health
standards as set out in OSHA, 2007.

Their role in this RAP and as outlined in the Environmental and Social Impact Assessment (ESIA), DOSHS's role
will be outlined comprehensively in the and Environmental and Social Management Plan (ESMP)before the
commencement of project works. This documentation will highlight DOSHS's role in safeguarding the well-
being of workers, ensuring compliance with safety regulations, and promoting a culture of occupational
health and safety throughout the project lifecycle

4.2.6. COUNTY GOVERNMENT OF MURANG’A

The function of the County government is in the implementation of specific national government policies on
natural resources and environmental conservation. This is achieved through the Department of the Ministry
of Environment, Water and Natural Resources established in the County. The county government of Muranga
is thus expected to help in coordinating various project-related activities as far as general environmental
conservation and public participation are concerned.

The County Government of Murang'a has played a critical role in this RAP, fulfilling several vital
responsibilities:

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• They coordinated with the RAP team and other stakeholders to ensure compliance with local
regulations and policies, especially focusing on environmental and community welfare. This role will
continue into the project implementation phase.
• They played a role in identification of suitable sites for the various project components.
• Their understanding of local environmental conditions, land use patterns, and community dynamics
informed the development of the RAP, ensuring it addresses pertinent local factors.
• They facilitated public participation, enabling community members and stakeholders to provide
input, express concerns, and participate in decision-making processes.
• County Government will play a critical role in this RAP including grievance redress.

4.2.8. WATER RESOURCE AUTHORITY

The Water Resource Authority (WRA) is a national organization with the mandate of regulating water
resources issues such as water allocation, source protection and conservation, water quality management
and pollution control, and international waters.
Technical Input and Assessment: The WRA provides technical expertise and assessments related to water
resources management. This includes evaluating the potential impacts of the project on water sources,
allocation needs, and water quality standards within the project area.

WRA will not play a direct role in the implementation of this RAP however, during project licencing, the RAP
report is a mandatory document for WRA’s Assessment of the site before NEMA issues the EIA licence.

4.2.9. ATHI WATER WORK DEVELOPMENT AGENCY

Athi Water Work Development Agency (AWWDA) is the project implementing agency. AWWDA is one of the
nine (9) Water Works Development Agencies (WWDA) established under the Ministry of Water, Sanitation
and Irrigation. It was established under the Water Act, 2016 vide Legal Notice No. 28 of 26th April, 2019. The
Agency is responsible for the development, maintenance, and management of water and sewerage
infrastructure in the counties of Nairobi, Kiambu, and Murang’a Counties.
Core mandates of AWWDA include:

• Plans and develops National Public Water Works for bulk water supply
• Formulates Development and Investment Plans in liaison with county governments

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• Provides input to the national development and financing plan

• Provides technical assistance to Water Service Providers for county asset development.

AWWDA plays a crucial role in ensuring that the RAP is effectively implemented, mitigating impacts on
affected communities, and promoting sustainability in the project area.

• Coordinate with stakeholders to ensure effective implementation of the RAP, ensuring alignment
with project objectives and regulatory standards.
• Leveraging its technical expertise, AWWDA will contribute to planning and executing infrastructure
projects outlined in the RAP.
• Engage continuously with affected communities, fostering dialogue, addressing concerns
transparently, and ensuring that resettlement processes adhere to legal and ethical standards
• Monitor the implementation of resettlement activities to ensure compliance with agreed plans and
regulations, addressing any challenges that arise during project execution.
• Will prepare and submit regular reports (monthly, quarterly, semi-annually) on RAP implementation
to be submitted to the Bank
• Will ensure prompt compensation of PAPs before commencing works, providing adequate notice to
affected parties.
• Will coordinate with other agencies and key stakeholders before, during, and after project
completion to streamline efforts and ensure project success.
• Will conduct livelihood restoration training for all PAPs to support their economic recovery and
sustainability post-resettlement.
• AWWDA will ensure that the project is implemented on time, with the specified quality, and within
the stipulated cost as per the loan agreement.

4.2.10. WATER SERVICES REGULATORY BOARD

The Water Services Regulatory Board (WASREB) oversees the implementation of policies and strategies
relating to the provision of water and sewerage services. This institution is responsible for licensing Water
Services Providers (WSP) and monitors the compliance of WSPs. The sewer infrastructure project
spearheaded by Athi Water Work Development Agency (the Proponent in this project) will later be handed

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over to the Water Service Providers; Murang’a South, Murang’a Urban and Gatanga Water and Sewerage
Companies for operation and management and must comply with WASREB regulations.

The WASREB's direct role focuses on compliance and oversight during implementation, its involvement will
continue into the operational phase of the project. This will ensure that the benefits of the project
development is sustained, and communities receive reliable and quality water and sewerage services in the
long run.

4.2.11. WATER AND SEWERAGE SERVICE PROVIDERS;

Murang’a South, Murang’a Urban and Gatanga Water and Sewerage Companies for operation and
management and must comply with WASREB regulations.

Their role include:

• Responsible for the operation and management of the water and sewerage infrastructure.
• They must adhere to regulations set by the Water Services Regulatory Board (WASREB), ensuring
that their operations meet national standards for water and sewerage service delivery.

• Facilitated the Engagement with local communities to address service delivery issues, gather
feedback, and ensure community needs are met.

• They played a role in identification of suitable sites for the various project components.
• Their understanding of local environmental conditions, land use patterns, and community dynamics
informed the development of the RAP, ensuring it addresses pertinent local factors.
• They facilitated public participation, enabling community members and stakeholders to provide
input, express concerns, and participate in decision-making processes.

4.2.12. ROAD AGENCIES

Road agencies, specifically the Kenya Rural Roads Authority (KeRRA) and the Kenya Urban Roads Authority
(KURA), play essential supportive roles in the development of water and sewerage projects. Their
contributions ensure that these projects are accessible, sustainable, and efficiently.
Their roles include:

• Provide support in the development of the projects by ensuring that associated road infrastructure
is accessible, and efficiently integrated.

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• Collaborate with other stakeholders to integrate road and water/sewerage infrastructure

development plans, optimizing project efficiency.
• Provide approvals for utilisation of their way leaves.

4.3. AFRICAN DEVELOPMENT BANK’S SAFEGUARD POLICY AND GUIDELINES

4.3.1. Involuntary Resettlement Policy
The African Development Bank (AfDB) environmental and social policy framework is strongly anchored in the
concept of sustainable development. This concept defines sustainability as “development that meets the
needs of the present without compromising the needs of the future”.

AfDB safeguards aim to avoid adverse impacts of projects on the environment and affected people while
maximizing potential development benefits to the extent possible; minimize, mitigate, and/or compensate
for adverse impacts on the environment and affected people when avoidance is not possible; and help the
clients to strengthen their safeguard systems and develop the capacity to manage environmental and social
risk. The AfDB Operational Safeguards (OS) triggered include:

OS 1: Environmental and Social Assessment

This OS governs the process of determining a project ‘s environmental and social category and the resulting
Environmental and Social Assessment requirements. The requirements cover the scope of application,
categorization, use of Environmental and Social Impact Assessment, Environmental and Social Management
Plans, public consultation, community impacts, treatment of vulnerable groups, including indigenous
peoples, and grievance procedures.

OS 2: Involuntary Resettlement: Land Acquisition, Population Displacement, and Compensation

This operational safeguard embraces comprehensive and forward-looking notions of livelihood and assets,
to account for social and cultural dimensions, as well as economic aspects. It also adopts a progressive
understanding of community and common property that emphasizes the crucial need to maintain social
cohesion, community structures, and the social inter-linkages that common property provides.

OS 3: Biodiversity and Ecosystem Services

This OS 3 translates the policy commitments in the Bank ‘s policy on integrated water resources management
into operational requirements and also reflects the objectives of the Convention on Biological Diversity to
preserve biological diversity and promote the sustainable use of natural resources. It reflects the importance

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of biodiversity in the African continent and its value to the population of key ecosystems. This OS aim at
conserving biological diversity and ecosystem integrity by avoiding or, if avoidance is not possible, minimizing
potentially harmful impacts on biodiversity through the implementation of mitigation measures. It endeavors
to reinstate or restore biodiversity, including, where some impacts are unavoidable to achieve “not a net loss
but net gain” of biodiversity.

OS 4: Pollution Prevention and Control, Greenhouse Gases, Hazardous Materials, and Resource Efficiency
This OS aim at managing and reducing pollutants resulting from the project— including hazardous and non-
hazardous waste—so that they do not pose harmful risks to human health and the environment. AfDB
requires the borrower or client to apply pollution prevention and control measures consistent with national
legislation and standards, applicable international conventions, and internationally recognized standards and
good practices, particularly the EHS Guidelines. Implementation of resource efficiency and pollution-
prevention techniques, taking into consideration their technical and financial feasibility and cost-
effectiveness throughout the project cycle- planning and design, construction, commission, operation, and
decommissioning phase- are key criteria in assessing and evaluating the borrower or client treatment
measures and environmentally sound disposal practice.

OS 5: Labour Conditions, Health, and Safety

This OS outlines the rights of workers; protects the workforce from inequality, social exclusion, child labour,
and forced labour; and establishes requirements to provide safe and healthy working conditions.

It also institutes health, safety, and environmental program that includes plans or procedures to prevent
accidents, injury, and disease arising from, associated with, or occurring in the course of work as a
requirement. A grievance and redress mechanism for the workforce should also be in place as a necessity.

The overall goal of the Bank’s Policy on Involuntary Resettlement is to ensure that when people must be
displaced, they are treated equitably, and that they share in the benefits of the project that involve their
resettlement. The Policy has the following key objectives:

i. To avoid involuntary resettlement where feasible, or minimize resettlement impacts where population
displacement is unavoidable, exploring all viable project designs. Particular attention must be given to
socio-cultural considerations such as culture or religious significance of land, the vulnerability of affected
populations, or the availability of in-kind replacement for assets, especially when they have important

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intangible implications. When a large number of people or a significant portion of the affected population
would be subject to relocate or would suffer from the impacts that are difficult to quantify and to
compensate, the alternative of not going ahead with the project should be given serious consideration;

ii. To ensure that the displaced people receive resettlement assistance, preferably under the project, so
that their standards of living, income earning capacity, and production levels are improved;

iii. To provide explicit guidance to Bank staff and to the borrowers on the conditions that need to be met
regarding involuntary resettlement issues in Bank operations in order to mitigate the negative impacts
of displacement and resettlement and establish sustainable economy and society; and

iv. To set up a mechanism for monitoring the performance of involuntary resettlement programs in Bank
operations and remedying problems as they arise so as to safeguard against ill-prepared and poorly
implemented resettlement plans.

4.3.2. AfDB Gender Policy

The policy is based on the premise that Africa has pronounced, region-specific gender characteristics that are
of direct relevance to its economic and social development. It takes into account the international agenda,
which calls for transformation, aimed at achieving full and equal partnership between men and women.
Gender has become an issue for development intervention. First, inequalities continue to exist between
women and men despite significant improvement in the absolute status of women and gender equality in
most African countries. The following guiding principles form the basis of Bank’s assistance in the area of
gender/women empowerment: -

Gender analysis will be an integral part of all Banks’ policies, programs and projects.
Gender analysis will be conducted for all Bank intervention in order to design interventions that respond to
the needs and priorities of both men and women. Experience has shown that women and men differ in the
way they respond to and/or benefit from development and in the absence of specific attention to differences
between women and men, planning for “the people” can result in the exclusion of women or men as
participants or beneficiaries of planned change.

This policy codifies the Banks’ formal commitment to the gender mainstreaming approach. It seeks to define
a more systematic approach to planning of development interventions so that they can address the priorities
of women as well as men for greater efficiency, effectiveness and sustainability unlike the former Women in

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Development (WID) policy. The focus of this policy is gender relations, which shape outcomes for both men
and women. With introduction of the gender analytical framework, the fundamentally social nature and
gender differences that result in inequalities between women and men gain greater visibility. The policy
adopts the concept of “gender mainstreaming” as a key strategy for overcoming women’s exclusion from
decision making and from access to any control over development resources and benefits.

4.3.3. Bank Group Policy on Poverty Reduction

The goal of the Bank’s poverty policy is to ensure that poverty in Africa is reduced. This involves development
of strategies that facilitate national ownership, participation and an orientation towards improvements in
the welfare of the poor, especially in the achievement of Sustainable Development Goals (SDGs).

The objectives of the policy are to bring poverty reduction to the forefront of the Bank’s lending and non-
lending activities and to support its Regional Member Countries (RMCs) in their efforts towards poverty
reduction.

4.3.4. Disclosure and Access to Information

This revised policy supersedes the AfDB Policy on disclosure of information dated October 2005.The Policy
provides the Bank group with an improved framework within which to disclose information on policies and
strategies and key decisions made during project development and implementation.

Maximum disclosure and access to information will increase public support for the Bank Groups Mission and
enhance the effectiveness of its operations. The policy contains the following new elements:

a. A strengthened presumption of disclosure, eliminating the positive list and emphasizing a limited
negative list;

b. Introduction of an appeals mechanism;

c. Provision of simultaneous disclosure; and

d. Increased access to the broad range of stakeholders.

4.3.5. Differences between Kenyan Laws and the African Development Bank Policy
Table 0-1: Differences Between Kenyan Laws and The African Development Bank Policy

AFDB POLICY KENYAN LEGISLATION GAP FILLING

MEASURES

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GENERAL REQUIREMENTS
AfDB OS2 has overall policy objectives, • Ensure that
• The Land Act, 2012 outlines
requiring that: resettlement
procedures for sensitizing the issues are
• To avoid Involuntary Resettlement where
affected population to the considered at the
Feasible, Or Minimize Resettlement design stage of the
project and for consultation on
Impacts Where Population Displacement project to avoid/
implications and grievance
Is Unavoidable, Exploring All Viable minimize
procedures. resettlement.
Project Designs.
• The Land Act 2012 guarantees • Implement OS2
• To ensure that displaced people receive provisions –
the right to fair and just
resettlement assistance, preferably under affected persons
compensation in case of should be
the project, so that their standards of
relocation. compensated and
living, income earning capacity, and assisted in
production levels are improved; • The Land Act does not stipulate improving their
that resettlement should be livelihood to pre-
• To provide explicit guidance to Bank staff project status.
avoided wherever possible; on
and to the borrowers on the conditions
the contrary, as long as a
that need to be met regarding involuntary
project is for public interest,
resettlement issues in Bank operations in
involuntary resettlement is
order to mitigate the negative impacts of
considered to be inevitable.
displacement and resettlement and
establish sustainable economy and • Just and fair compensation as

society; and outlined in the Land Act 2012 is

not clear and can only be
• To set up a mechanism for monitoring the
determined by NLC, which can
performance of involuntary resettlement
be subjective. It does not talk
programs in Bank operations and
about improving livelihood or
remedying problems as they arise so as to
restoring them to pre-project
safeguard against ill-prepared and poorly
status.
implemented resettlement plans. To
conceive and execute resettlement
activities as sustainable development

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programs, providing sufficient investment

resources to enable displaced persons to
benefit directly from the project, as the
nature of the project may warrant.

PROCESS REQUIREMENTS
OS 2 - Open, inclusive and effective consultation The Land Act outlines procedures Implement
with local communities for consultation with affected consultation
population by the NLC and procedures as
includes the following elements:
grievance management outlined in both
• Appropriate notice to all potentially affected procedures. Kenyan legislation
persons that resettlement is being considered and AfDB. For
and that there will be public hearings on the involvement of
proposed plans and alternatives; vulnerable and
• Effective advance dissemination by the women, the OS2 will
authorities of relevant information, including be applicable.
land records and proposed comprehensive
resettlement plans specifically addressing
efforts to protect vulnerable groups;
• A reasonable time period for public review of,
comments on, and/or objection to any options
of the proposed plan; and
• Public hearings that provide affected persons
and/or their legally designated representatives
with opportunities to challenge the
resettlement design and process, and/or to
present and discuss alternative proposals and
articulate their views and development
priorities.
Grievance and redress mechanism: Land Act 2012 clearly outline the Adopt both by
steps and process for grievance providing for
The client establishes a credible, independent
redress that includes alternative alternative grievance
and empowered local grievance and redress
dispute resolution, re-negotiation mechanism that are
mechanism to receive, facilitate and follow up
with NLC and is backed by the project based.
on the resolution of affected people’s
Affected persons also

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grievances and concerns about the judicial system through free to seek legal
environmental and social performance of the Environmental and Land Court redress if not
project. The local grievance mechanism needs satisfied.
Kenyan legislation meets ESS5
to be accessible to the stakeholders at all times
requirements.
during the project cycle, and all responses to
grievances are recorded and included in project
supervision formats and reports
Eligibility and entitlements:
AfDB OS2 outlines three groups of displaced The Land Act 2012 provides that Ensure these
people are entitled to compensation or written and unwritten official or categories of the
resettlement assistance for loss of land or othercustomary land rights are PAPs (including
assets taken for project purposes: recognized as valid land rights. The squatters, laborers,
Law provides that people eligible rights of access) of
• Those who have formal legal rights to land or
for compensation are those holding affected lands are
other assets recognized under the laws of the
land tenure rights. included in the
country concerned. This category generally
census survey and are
includes people who are physically residing at Land Act also recognizes those who
paid or given
the project site and those who will be displaced have interest or some claim in the
assistance other than
or may lose access or suffer a loss in their land such as pastoralist or who use
compensation for
livelihood as a result of project activities. the land for their livelihood.
land to improve their
• Those who may not have formal legal rights to The constitution recognizes former living
land or other assets at the time of the census/ ‘occupants of land even if they do standards
evaluation but can prove that they have a claim not have titles and payment made (compensation for
that would be recognised under the customary in good faith to those occupants of loss of livelihood
laws of the country. This category may include land. However, this does not activities, common
people who may not be physically residing at include those who illegally acquired property resources,
the project site or persons who may not have land. structures and crops,
any assets or direct sources of livelihood etc.).
Land Act 2012 provides for census
derived from the project site, but who have
through NLC inspection and
spiritual and/or ancestral ties with the land and
valuation process but is not clear on
are locally recognised by communities as Implement cut-off
cut-off date.
customary inheritors. Depending on the procedures as
country’s customary land use rights, they may outlined in the AfDB
also be considered to have a claim if they are policy.
sharecroppers, tenant farmers, and seasonal
migrants or nomadic families losing user rights.
• Those who have no recognizable legal right or
claim to the land they are occupying in the

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project area of influence and who do not fall

into either of the two categories described
above, if they themselves or witnesses can
demonstrate that they occupied
the project area of influence for at least six
months prior to a cut-off date established by the
borrower or client and acceptable to the Bank.
These groups may be entitled to resettlement
assistance other than compensation for
land to improve their former living standards
(compensation for loss of livelihood activities,
common property resources, structures and
crops, etc.).
Compensation procedures Land Act 2012 appears to prefer Ensure that all
cash for cash as the mode of alternative options
AFDB OS2 outlines the following in summary:
compensation by the Government are considered
● Compensation is determined through to the affected population. before providing cash
consultation with those affected, compensation.
aiming to provide full replacement
costs before displacement. Land Act talks of prompt, just
compensation before the OS2 Prevails -
● Preference is given to land-based
acquisition of land. However, Implement
compensation, with cash compensation
interpretation of just compensation prompt and
explained to lead to potential
is yet to be clearly outlined through effective
impoverishment.
a specific schedule. Attorney’s fees, compensation at
● The project's total cost includes all cost of obtaining advice or cost full replacement
resettlement activities, considering incurred in preparing and making cost for the losses
social, health, and environmental written claim not in the Land Act. of the assets.
impacts. Ensure that ALL
● Assistance aims to improve standards resettlement
The Act does not out rightly options are
of living and livelihoods beyond pre-
stipulate assistance for relocation agreed on with
project levels, with a focus on gender
but rather that is left subject to PAPs and put in
and social inclusivity.
interpretation. place BEFORE
● Procedures ensure transparency and
displacement of
community involvement in site
affected persons.
selection and compensation allocation.

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● Non-land-based options are considered

for those preferring alternatives to land
compensation.
● Housing security, support services, and
benefit sharing are prioritized,
alongside measures to prevent
community conflict.
● Cultural and psychological aspects are
addressed, preserving sites and
community networks.
● Support and advice are made available
to help the affected persons cope with,
and benefit from, the resettlement
process.
Valuation: With regard to houses and other Valuation is covered by the Land Apply the OS2
structures, it is the market cost of the materials Act 2012 and stipulates, as already compensation
to build a replacement structure with an area mentioned, that the affected measures.
and quality similar to or better than those of the person receive just compensation
affected structure, or to repair a partially but it is not specific of the exact
affected structure. amount or procedures on the same.

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5. SOCIO-ECONOMIC BASELINE CONDITION

5.1. SOCIO-ECONOMIC CONTEXT
The socio-economic data collection for the potential project involved the administration of structured
questionnaires in the field by enumeration clerks. Interviews were conducted with all individuals within the
road reserve to establish their income levels and household characteristics.

A census and assets inventory were conducted to collect data for compiling a register of potential project-
affected persons. Wayleaves for the assets inventory were selected based on the design of the water supply
and sewer line, as well as the areas earmarked for acquisition. The survey included the categorization of
human activities along the wayleaves and all economic features that would be displaced by the proposed
project.

This section provides an overview of the social characteristics of the Project Affected Persons, focusing on
their demographic and socio-economic characteristics. It aims to establish a baseline socio-economic
situation to anticipate potential socio-economic impacts. The data used for evaluating the socio-economic
status of the project area is primary data obtained from the socio-economic survey conducted by the RAP
Study team during February and March 2024.

5.2. METHODOLOGY
The data used to establish socio-economic baseline conditions was derived from field surveys conducted in
the project area during the preparation of the RAP. Two broad data objectives for the socio-economic
baseline assessment were established against which future changes could be measured. These objectives
included assessing socio-economic characteristics, education, water and sanitation, health, sources of
livelihood, and housing. The team employed the following methods:

• Public and stakeholder consultations

• Census survey
• Socio-economic survey
• Land and Asset Valuation
• Key Informant Interviews

By applying these methodologies, the team ensured the provision of varied viewpoints on the socio-economic
conditions within the proposed project areas, while also generating a mix of qualitative and quantitative

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results. Data entry and analysis were conducted using the Statistical Package for the Social Sciences (SPSS).
Household survey data was cross-referenced and validated with information gathered from site surveys,
sociologist and technical team observations, as well as key informant interviews.

The necessary data for this endeavor was acquired through the analysis of official records from various
government offices, consultative meetings with both national and county government officials, stakeholder
engagements, and public forums held along the proposed outfall, trunks, and sewage treatment plant (STP)
sites.
5.3. OBJECTIVE OF THE SOCIAL ECONOMIC SURVEY
The primary goal of the Socio-Economic Baseline survey was to gather information on the socio-economic
characteristics of the Project Affected Persons (PAPs) residing within the project areas. This included:

• Examining socio-economic aspects and issues such as opportunities, risks, and livelihood vulnerability
within the project area.

• Investigating the regime, status, and constraints of land in the project area.

• Profiling actors located or depending on the project area, vicinity, and buffer zone.

Data for establishing socio-economic baseline conditions was collected from field surveys conducted during
the preparation of the Environmental and Social Impact Assessment (ESIA) and the Resettlement Action Plan
(RAP). The survey had two main objectives:

• To establish a robust characterization of pre-project socio-economic conditions for future

comparison.

• To address key issues during project implementation, such as economic displacement, loss of
cultivation areas, effects of migrant influx, social tensions, increased risk of STDs, economic
marginalization, and others.

Additional objectives included identifying current occupants for potential resettlement, describing affected
households, determining asset loss and displacement, identifying vulnerable groups, understanding land
tenure systems, analyzing social interactions, and providing baseline data for monitoring and evaluating
livelihood restoration and sustainable development efforts.

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5.4. SOCIAL ECONOMIC PROFILE FOR THE PROJECT AFFECTED PERSONS

This Assessment of Resettlement Action Plan (RAP) examines the socio-economic characteristics of the
Project Affected Persons (PAPs) within the areas of the proposed water lines, sewer lines, tanks, and intake
works. A comprehensive census survey was conducted in the project area, with 192 PAPs participating,
comprising 134 males and 58 females.

5.4.1. Gatanga Location

(i) Number of Female and Male

In Gatanga, a total of 115 Project-Affected Persons (PAPs) were identified. Among these PAPs, 85PAPs are
male, making up 74% of the total, while 24 are female, comprising 21% of the total, 5 Unknown PAPs
comprising 4% of the total and 1 public Institution constituting comprising 1% of the total. The distribution is
illustrated in the figure below:

Number of PAPs per Gender Distribution

5
24

85

MALE FEMALE INSTITUTION UNKNOWN

Figure 0-1: Gender aspect of the PAPs within Gatanga

(ii) Gender of the Household Head

The survey established that 73% of the households were headed by male, whereas 27% were headed by
female. The distribution is depicted in the figure below:

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27%

73%

Male Female

Figure 0-2: Gender of the household head of PAPs within Gatanga

(iii) PAPs belonging to the Vulnerable Group

In the socioeconomic analysis, it was identified that among the 107 PAPs, 9 individuals belonged to the
Vulnerable group category, accounting for eight percent (8%) of the population. The persons identified were
the elderly (above 65 years) as illustrated in the table below:

Table 0-1: Vulnerable and Marginalized Groups

S/No. CATEGORY NUMBER

1. Elderly (Above 65 years) 9

Total 9

The distribution is shown in the figure below;

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8%

92%

Vulnerable Non-

Figure 0-3: Vulnerable and Marginalized Groups identified PAPs within Gatanga

(iv) Level of Education

The survey indicated that fifty-one percent (51%) of the PAPs completed their education up to the secondary
school level, while twenty-nine percent (29%) reached primary school. Eighteen percent (18%) attained a
university or tertiary education, and a small minority (2%) did not have any formal schooling. The distribution
is shown in the figure below:

Tertiary(n=30) 18%
Level of Education

secondary(n=87) 51%

Primary(n=49) 29%

None(n=5) 2%

%Percentage

Figure 0-4: Level of Education of PAPs within Gatanga

(v) Source of Income for the PAPs.

The data collected from the survey, as depicted in the figure below, shows the distribution among the PAPs
in the area:

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i. Seventy-nine percent (79%) of the PAPs, who form the majority, are farmers, cultivating along the
Riparian of River Thithi.
ii. Sixteen percent (16%) of the PAPs are engaged in trading and operate small business enterprises.
iii. Three percent (3%) of the PAPs are civil servants. In contrast, a small minority two percent (2%) are
unemployed.

The distribution is shown in the figure below;

Unemployed 2%

Civil Servant 3%

Trading 5%

Small business enterprice 11%

Farmers 79%

Figure 0-5: PAPs source of income within Gatanga

(vi) Affected Assets

The majority, comprising fifty-three percent (53%) of the properties that will be impacted, consists of crops.
Thirty-one percent (31%) are trees located along the riparian of River Thithi and along the road reserve. Seven
percent (7%) of the affected assets are land, and the minority are structures. The distribution is summarized
in the table below:

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1% 7%

39% 53%

Crops Trees Structure Land

Figure 0-6: Affected assets of PAPs within Gatanga

v. PAPs Monthly Income

The survey indicated the following income distribution among the PAPs:

• Fifty-five percent (55%) earn below 10,000 Kshs.

• Twenty-four percent (24%) earn between 10,000-15,000 Kshs.
• Eight percent (8%) earn between 40,000 Kshs to 50,000 Kshs.
• Six percent (6%) earn above 50,000 Kshs.
• Four percent (4%) earn between 30,000-40,000 Kshs.
• The minority, comprising three percent (3%) of the PAPs, earn between 15,000-30,000 Kshs.

55%
Percentage

24%

4% 8% 6%
3%

Monthly income

Figure 0-7: Income amount for PAPs within Gatanga

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(vii) Loss of livelihood

The social-economic findings indicate that 97% of the PAPs will face economic displacement as they solely
rely on farming for their livelihoods, while 3% will experience physical displacement. However, this RAP
includes provisions for compensating them for the loss of their livelihoods during the disruption period.

(viii) Sources of water

The survey indicated that seventy percent (70%) of the PAPs source their water from Gatanga Water and
Sanitation Company, nineteen percent (19%) rely on rainwater harvesting, six percent (6%) use boreholes,
while the minority (5%) obtain their water from River Thithi. The distribution is illustrated in the figure below:

Water harvesting 19%

Gatanga water 70%

Borehole 6%

River Thithi 5%

Figure 0-8: Source of water for PAPs within Gatanga

(ix) Type of Sanitation Facility

The findings of the survey revealed that the majority, comprising ninety-three percent (93%) of the PAPs, use
pit latrines, while the minority, consisting of seven percent (7%), use flush toilets. The distribution is shown
in the figure below:

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7%

93%

Pit Latrines Flush toilets

Figure 0-9: Sanitation facilities used by PAPs within Gatanga

5.4.2. Maragua Location

(i) Number of Female and Male
The socio-economic survey recoded 52 PAPs in Maragua. Among these PAPs, thirty-three (33) are male,
accounting for 64% of the total, while 18 females constitute 36% of the total. The distribution is shown in the
figure below:

36%

64%

Male Female

Figure 0-10: Gender aspect for the PAPs within Maragua

(ii) Gender of the Household Head

The survey revealed that seventy-three percent (73%) of the households are headed by males, while
twenty-seven percent (27%) are headed by females. The distribution is shown in the figure below:

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Figure 0-11: Gender of the household head for the PAPs within Maragu

(iii) PAPs belonging to the Vulnerable and Marginalized Group

It was recorded that among the 51 PAPs, 2 were Vulnerable PAPs, constituting four percent (4%) of the
population. The members identified were grouped as the elderly (above65years), as shown in the table
below:

Table 0-2: Vulnerable Groups

S/No. CATEGORY NUMBER

Elderly (Above 65 years) 2

1.

Total 2

The distribution is shown in the figure below;

4%

96%

Vulnerable Non-

Figure 0-12: Vulnerable and Marginalized Groups identified for PAPs within Maragua

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(iv) Level of Education

The survey stated that the majority of the PAPs, fifty-seven percent (57%), completed their education up to
the primary school level, while twenty-nine percent (29%) reached secondary school. Ten percent (10%)
attained a university or tertiary education, and the minority, four percent (4%), did not have any formal
schooling. The distribution is shown in the figure below:

LEVEL OF EDUCATION FOR PAPS WITHIN MARAGUA

University/ tersiary
formal schooling
education

secondary school completed education

Figure 0-13: Level of Education for PAPs within Maragua

(v) Source of Income for the PAPs
The survey data depicted in the figure below reveals the following distribution among the PAPs in the area:

i. Majority of the PAPs have small business enterprises, constituting forty-four percent (44%).
ii. Twenty-one percent (21%) are farmers.
iii. Nineteen percent (19%) are traders.
iv. Nine percent (9%) are civil servants in various institutions.
v. The minority, comprising seven percent (7%), are unemployed.

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Unemployed 7%

Civil Servant 9%

Trading 19%

Small business enterprice 44%

Farmers 21%

Figure 0-14: PAPs source of income within Maragua

(vi) Affected Assets

The survey outlined that the majority (42%) of the properties that will be impacted consist of Private land,
thirty-three percent (33%) are crops along the riparian of River and along the road reserve, and twenty
percent (20%) of the affected assets are trees. The distribution is captured in the table below:

33%
42%

25%

Crops Trees Land

Figure 0-15: Affected assets for PAPs within Maragua

(vii) PAPs Monthly Income

The indication of the survey is as follows:

● Majority (55%) of the PAPs earn below Ksh. 10,000.

● Twenty-four percent (24%) of the PAPs earn between Ksh. 10,000-15,000.

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● Eight percent (8%) of the PAPs earn between Ksh. 40,000 to Ksh. 50,000.
● Six percent (6%) of the PAPs earn above Ksh. 50,000.
● Four percent (4%) of the PAPs earn between Ksh. 30,000 to Ksh. 40,000.
● The minority (3%) of the PAPs earn between Ksh. 15,000 to Ksh. 30,000.

55%
Percentage

24%

4% 8% 6%
3%

Monthly income

Figure 0-16: PAPs Income amount for PAPs within Maragua

Loss of livelihood
The survey indicated that twenty-one percent (21%) of the PAPs' livelihoods will be affected as they solely
depend on farming. However, after the completion of the project construction within their farming areas,
the PAPs will be allowed to continue farming perennial crops only, with restrictions on planting deep-rooted
trees and plants.

Sources of water
The majority (59%) of the PAPs get their water from Murang’a Water and Sanitation Company (MUWASCO),
twenty percent (20%) rely on rainwater harvesting, twelve percent (12%) obtain their water from boreholes,
while the minority, ten percent (10%), get their water from the river. The distribution is shown in the figure
below:

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Water harvesting 20%

Muranga water water 59%

Borehole 12%

River water 10%

Figure 0-17: Source of water for PAPs within Maragua

Type of Sanitation Facility

The majority (94%) of the PAPs use pit latrines, while the minority (6%) use flush toilets. The distribution is
shown in the figure below:

Figure 0-18: Sanitation facilities for PAPs within Maragua

5.4.3. Kangema – Kangari Locations

(i) Gender of Household head

The survey suggested that in the two areas, a total of 5 Project Affected Persons (PAPs) were identified.
Among them, 40% were male, 20% were female, and 40% were represented by institutions. The distribution
is shown in the figure below:

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Figure 0-19: Gender of Household head for PAPs within Kangema – Kangari

(ii) Vulnerability of Household

The indication was that among the 5 identified PAPs, only 2 can be identified as vulnerable persons,
accounting for 40%. This is because they are elderly individuals aged above 65 years. The distribution is shown
in the figure below:

Figure 0-20: Vulnerability of PAPS within Kangema – Kangari

(iii) Level of Education of Household head

The survey outlined that the majority of the PAPs, seventy-five percent (75%), completed their education up
to the secondary school level, while twenty-five percent (25%) did not have any formal schooling. The
distribution is shown in the figure below:

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Figure 0-21: Level of Education of Household Heads for PAPs within Kangema – Kangari

(iv) Source of Income for the PAPs

The survey indicated that among the 5 PAPs, 75% were in self-employed businesses, while 25% were un
employed.

Figure 0-22: Household head Source of Income within Kangema – Kangari

(v) Affected Assets

The assessment was that the land parcels that will be impacted consists of Sixty percent (60%) are Private
land, while 40% are public land. The distribution is captured in the table below:

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Figure 0-23: Affected assets for PAPs within Kangema – Kangari

(vi) Household head monthly Income

The survey stated that the majority 33% of the PAPs earn below Ksh. 10,000 while sixty seven percent (67%)
of the PAPs earn between Ksh. 10,000 to Ksh. 30,000. The distribution is shown in the figure below;

Figure 0-24: Household head income level for PAPs within Kangema – Kangari

(vii) Main Sources of water

An indication of the survey was that the majority (60%) of the PAPs get their water from the Water Service
providers (WSP) that is: MUSWASCO& MWEWASCO. Forty Percent (40%) get their water from rain water
harvesting. The distribution is shown in the figure below;

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Figure 0-25: Main Source of water for PAPs within Kangema – Kangari

(viii) Type of Sanitation Facility

Depiction of the survey was that ninety three percent (93%) of the PAPs use pit latrines, while the minority
seven percent (7%) use the septic connected flush toilets.

The distribution is shown in the figure below;

7%

93%

Pit Latrines Flush toilets

Figure 0-26: Type of Sanitation facilities for PAPs within Kangema – Kangari

5.4.4. Murang’a Location

(i) Gender of Household head

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The indications for Murang’a were, a combined total of 28 Project-Affected Persons (PAPs) were recorded.
Nine (9) presented by thirty one percent (31%) were male, twenty one percent (21%) were female and forty
eight percent (48%) were un identified since they were absent during the survey. The distribution is shown
in the figure below;

31%

48%

21%

Male Female Un identified

Figure 0-27: Gender of Household heads for PAPs within Murang’a

(ii) Vulnerable Household head

It was outlined that among the 28 PAPs, 2 PAPs contributing to seven percent (7%) were recorded as
Vulnerable, in the elderly category; above 65 years of age, three percent (3%), the businesses had collapsed
in recent months and (90%) were not vulnerable. The data is as shown in the table and figure below:

Table 0-3: Vulnerable of The Household head

S/No. CATEGORY NUMBER

2. Elderly (Above 65 years) 2

3. Business collapsed in recent months 1

4. Not Vulnerable 26

Total 29

The distribution is shown in the figure below;

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3%
7%

90%

Elderly above 65 Business collapsed in recent months Not Vulnerable

Figure 0-28: Vulnerable and Marginalized Groups identified for PAPs within Murang’a

(iii) Level of Education

From the survey, it was noted that the majority of the PAPs fifty percent (50%) completed their education up
to the secondary school level, while thirty eight percent (38%) reached primary school. Thirteen percent
(13%) never attended school. The distribution is shown in the figure below;

13%

50%

38%

Never attended school Primary Secondary

Figure 0-29: Level of Education of Household Head for PAPs within Murang’a

(iv) Household head Source of Income for the PAPs

The data in the figure below shows the following distribution among the PAPs in the area: Twenty-seven
percent (27%) of the PAPs have small businesses; and Seventy-three percent (73%) of the PAPs are farmers.

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27%

73%

Farmers Business

Figure 0-30: Household head source of income within Murang’a

v. Affected Assets
Indications were, the Majority ninety-three percent (93%) of the properties that will be affected consists of
trees and crops planted along the riparian, while seven percent (7%) are structures. The distribution is
captured in the table below:

7%

Trees and crops

Structures

93%

Figure 0-31: Affected assets for PAPs within Murang’a

Household head Monthly Income

The survey stated that majority (71%) of the PAPs earn below Ksh. 10,000 that is fourteen percent (14%) of
the PAPs earn between Ksh. 20,000 to Ksh. 30,000, while seven (7%) of the PAPs earn between Ksh. 30,000

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to Ksh. 40,000 and another seven percent (7%) earn between Ksh. 10,000 to Ksh. 20,000. The distribution is
shown in the figure below:

Ksh 30,000 - Ksh 40,000 7%

Income Level

Ksh 20,000 - Ksh 30,000 14%

Ksh 10,000- Ksh 20,000 7%

Below Ksh 10,000 71%

0% 10% 20% 30% 40% 50% 60% 70% 80%

% Percentage

Figure 0-32: Household head monthly Income level for PAPs within Murang’a

Main Sources of water

The survey outlined majority of the PAPs representing eighty five percent (85%) get their water from
MUWASCO, while fifteen percent (15%) of the PAPs get their water from rain water harvesting. The
distribution is shown in the figure below;

15%

85%

MUWASCO Rain Harvesting

Figure 0-33: Main Source of water for PAPs within Murang’a

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Type of Sanitation Facility

It was noted that majority of the PAPs, eighty percent (80%) use pit latrines, while the minority twenty
percent (20%) use toilets connected to septic tanks.

The distribution is shown in the figure below;

20%

80%

Pit latrines Septic

Figure 0-34: Main Sanitation facilities for PAPs within Murang’a

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6. PROJECT IMPACTS ON PROJECT AFFECTED PERSONS AND PROPOSED MITIGATION MEASURE

6.1. Introduction
This chapter provides an assessment of the potential socio-economic impacts that the Project will have on
those subjects to economic displacement. Understanding these likely impacts enables the formulation of
appropriately targeted compensation and livelihood restoration plans to support affected people in re-
establishing their structures and means of livelihood.

The chapter draws on:

• The Socio-economic Surveys and subsequent Baseline produced for the Project.

• The affected Asset Valuation Work, conducted to inform the entitlement requirements and
compensation parameters of each eligible group.

• Stakeholder engagement activities undertaken with affected Project Affected Persons (PAPs) regarding
the effects of the Project and development opportunities.

6.2. Impacts on Project Affected Persons

The impact of the implementation of Murang’a Water and Sewerage project will trigger economic
displacement to 200 who include 59 Female PAPs and 137 Male PAPs. Further, 4 public institutions in
Maragua. Detailed breakdown of resettlement impacts is presented in sub sections below.

Table 6-1: Summary of PAPs

NO Type of PAPs Number of PAPs

1 Male PAPs 137
2 Female PAPs 59
3 Institutions 4
TOTAL 200
6.3. Impact on Institutions
There are four institutions being impacted by the Project:

i. Gituamba Primary School: A 2,500 m³ reinforced concrete storage tank is proposed for the Thithi-
Githingiri Water Supply project component.

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ii. Mariira University: A water treatment plant with a capacity of 4,000 m³/day is planned, along with
the construction of a 1,000 m³ reinforced concrete tank at Mariira.

iii. Kanyanyaini Primary School: A 2,500 m³ reinforced concrete water storage tank is designated for
Weithaga as part of the Rwathia system.

iv. Mutheru Primary School: Construction of a 250 m³ masonry break pressure tank is proposed for the
Chathanda-Kenol Water Supply Project component.

6.4. Impact on Land

In this project, the majority of water and sewer pipelines will be laid on road and riparian reserves, with land
acquisition required only for treatment works and proposed water tanks. During compensation, private
landowners will provide legal documents such as title deeds. The total number of Project Affected Persons
losing land is 64.

Table 6-2: Size of Land affected per location

Location Land Affected in hectares (ha)

Muranga 0

Maragua 19.06

Gatanga 0.1716

Kangari-Kangema 0.727

Total 19.9586

6.5. Impact on Structures

The project activities within Gatanga and Maragua will impact a temporary business kiosk, fences, gates as
well as 2 Permanent structures.

Table 6-3: Affected structures

Type of structure Affected Number of structures Affected

Murang’a Gatanga Kangema- Maragua TOTAL

kangari
Temporary Business Kiosk 0 0 0 1 1
Permanent structure 0 0 0 2 2

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Others structures (Fence and 0 2 0 3 5

gate)
TOTAL 0 2 0 6 8
6.6. Impact on Crops and Trees
The water and sewer lines will impact trees and crops for PAPs along road reserves, riparian reserves, and
private land. A total of 30,959 crops and 2769 trees will be affected as shown in the table below;

Table 6-4: Affected structures

Description of Number of crops and Trees

Affected Assets
Muranga Gatanga Kangema Maragua Total
Crops 194 2183 0 392 2,769
Trees 3082 23162 0 4,715 30,962
6.7. Impact on Businesses
The Project will result to economic displacement of 193 PAPS who are farmers and 1 owns and engage in
business. The PAPs with a business shop structures which is made of temporary iron wall shop. Table 5-5
presents detailed breakdown of the PAPs numbers:

Table 6-5: Summary of the Affected Business and Livelihood Assets

Description of Business Number of businesses affected

Livelihood Affected
Muranga Gatanga Kangema Maragua Total
Temporary Shop 0 0 1 1
Farming 27 114 1 51 193
Public Institution 0 1 3 0 4

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Figure 6-1: PAPs alongside there affected crops

6.8. Mitigation Measures

Compensation and livelihood restoration plans are formulated to support affected individuals. Measures
include:
• Cash compensation at full replacement value for land and structures.
• Statutory disturbance allowance of 15% of the compensation amount.
• Adequate time for PAPs to harvest crops or salvage materials.
• Livelihood restoration training and additional support for vulnerable households.

This assessment ensure that all PAPs receive fair compensation and support to restore their livelihoods and
minimize the adverse impacts of the project.

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7. ELIGIBILITY FOR COMPENSATION AND CUT-OFF DATE

The impact of the implementation of Muranga Cluster Water and Sewerage Project will trigger economic
displacement to 196 PAPs, who include 59 Female PAPs and 137Male PAPs and 4 Public Institutions. All
affected persons are eligible for compensation and resettlement assistance under the AfDB OS2 on
Involuntary Resettlement.

Under OS2, three groups are recognized as eligible for compensation and assistance:

7.1. Those with Formal Legal Rights to Land:

This group includes individuals or entities that possess legal documentation confirming their ownership or
use rights to the land or property being acquired.

They are entitled to compensation for the land they lose, as well as other assistance and support to help
them resettle and restore their livelihoods.

7.2. Those without Formal Legal Rights to Land, but with a Claim to Such Land or Assets:
This includes individuals or communities who do not possess formal legal titles but have recognizable claims
to the land or assets. These claims might be based on customary or traditional tenure systems, or other forms
of possession that are recognized under national law or proven through long-term occupancy.

They are also entitled to compensation for their losses and assistance in resettlement, even though they lack
formal legal titles.

7.3. Those with No Recognizable Legal Right or Claim to the Land They Are Occupying:
This group consists of individuals who occupy land without any recognizable legal right or claim (e.g.,
squatters). They do not have formal or informal claims to the land they are occupying.

While they might not receive compensation for the land itself, they are entitled to resettlement assistance
and support to improve or restore their livelihoods. This might include compensation for any structures or
improvements they have made on the land, and assistance to relocate to a new site.

The cut-off date for the Project was agreed by the PAPs during the census activities in their respective areas.
This implies that assets present in the Project area at the date of the commencement of census of PAPs will
be eligible for compensation.

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Table 7-1: Cut-off Date Disclosure

Location CUT-OFF DATE DISCLOSED

Maragua - Water and Sewer Components March 22, 2024

Murang’a - Water and Sewer Components March 20, 2024

Kangema – Kangari ----Water Component March 20, 2024

Gatanga - Water Component March 22, 2024

No person is eligible to entitlements if moving into the designated sewer and water project area after the
Cut-Off-Date.

7.4. Entitlement Matrix

The entitlement matrix ensures all eligible PAPs are compensated appropriately depending on the loss
incurred. All persons affected by the Project and meeting the cut-off date requirements will be entitled to
resettlement and assistance depending on the nature of ownership rights on lost assets and scope of the
impacts. The entitlement matrix developed for this assessment is presented in the table below.

Table 6-2: Entitlement Matrix

Category of Affected Type of Proposed Other Assistance

Person property entitlement/Mitigation-
Resettlement, Compensation
and Moving (Disturbance
allowances)
Cash Compensation at Full Households with vulnerable
Registered Landowner Land
Replacement Value: Affected persons will also receive an
(Those who have formal
landowners will receive cash additional 15% disturbance
legal rights to land
compensation equivalent to the allowance to supplement the
recognized under the laws
full replacement value of their land compensation provided
of Kenya)
affected land. This ensures that for the affected land.
landowners are adequately

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Category of Affected Type of Proposed Other Assistance

Person property entitlement/Mitigation-
Resettlement, Compensation
and Moving (Disturbance
allowances)
compensated for the loss of their They will receive restoration
support, including livelihood
property.
restoration training.

compensation will be provided at Restoration support: training

100% of the market value in cases as described in Chapterf aims
where small plots are acquired, to supplement the asset
defined as plots beyond 50% of compensation for the affected
the total land (none in this land. This includes skills
Project). training programs designed to
help Project-Affected Persons
All Project Affected Persons (PAPs) acquire new skills or
(PAPs) are entitled to a statutory enhance existing ones to
disturbance allowance equivalent improve employability and
to 15% of the value of the land restore their livelihoods,
compensation amount. particularly in local skills.

All PAPs are eligible for

livelihood restoration training.
Cash compensation for all Households with vulnerable
Structure and Business Movable and
structures, and business at persons will receive livelihood
Owners other
replacement cost, restoration training and a 15%
Structures -
disturbance allowance, in
residential or
All the PAPs are eligible for a addition to the asset
business
statutory disturbance allowance compensation provided for the
within the
of 15% of the compensation affected residential or business
project area
amount. structure.
including road
Vulnerable PAPs - Assistance in
reserves.
All PAPs are eligible for; Livelihood salvaging the materials where
restoration training they need be and as per the
Provision of adequate time given PAPs preference.
to all the PAPs to salvage building
materials All PAPs are eligible for;
Livelihood restoration training

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Category of Affected Type of Proposed Other Assistance

Person property entitlement/Mitigation-
Resettlement, Compensation
and Moving (Disturbance
allowances)
Compensation for damaged Households with vulnerable
Owners of the affected Crops and
crops, trees, etc. at market value persons, restoration support;
crops and Trees Trees
Livelihood restoration training
All the PAPs are eligible for a and additional 15%
Statutory disturbance allowance disturbance allowance will be
of 15% of the compensation provided to supplement the
amount. compensation provided for the
Provision of adequate time given affected crops and trees.
to all the PAPs to harvest
All PAPs are eligible for;
Livelihood restoration training

Squatter/encroacher Land N/A N/A

Cash compensation for all ii. All PAPs are eligible for;
Squatter/encroacher Crops, Trees,
affected crops, trees structures, Livelihood restoration
business and
and business at replacement cost, training
Structures on
All the PAPs are eligible for a
Road reserve,
statutory disturbance allowance
Riparian land
of 15% of the compensation
etc.
amount.
Provision of adequate time given
to all the PAPs to harvest, or
salvage building material

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8. CONSULTATION AND COMMUNITY PARTICIPATION

An effective resettlement planning requires regular and thorough consultation with a wide range of project
stakeholders in the general areas of the project. This wide consultation will include individuals and groups
who will be positively or negatively affected by the project including potential host communities.

Comprehensive consultations have been held with various stakeholders from the reconnaissance stage
through public consultations for baseline socio-economic household surveys. At this stage for household
survey, the data was cited for determination of the potential project affected persons within the road
corridor. The consultations were aimed at seeking the views from the public along the project area on various
aspects of design. Secondly, the public consultation forums served to create awareness to the local
community on how the project would impact on their daily lives during and after implementation. Prior to
the conduct of socio-economic survey, meetings were held with the government officials and other opinion
leaders among the community to sensitize the on the project and its effect on social-economic aspect of the
community. The issue of the project affected persons as a result of the project was highlighted and
participants appraised on the mitigation measures available by the project.

The process of carrying out the assessment for the PAPs and their assets was also explained to create
awareness and form a basis for subsequent discussions. Public consultations were held at various locations
as determined by administrative boundaries for ease of administration and management of the stakeholder’s
composition and record keeping for future reference and analysis. The list of public officials and civil society
to be involved in the process was exhaustively compiled to be representative of their intervention on
development matters in the project where they serve as a bridge of empowerment of local communities. A
special forum was arranged for the civil society groups and also the vulnerable groups including youth,
women and people with disability.

The main objective for the consultation was to involve the community at the preliminary stage so as to
identify likely negative impacts and find ways to minimize negative impacts and enhance positive impacts of
the project.

8.1. Aims and Objectives of Stakeholders Consultation and Public Participation (CPP)
The aims and objectives of public involvement and consultation include:

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● To identify and map all relevant stakeholders, their context, interests and concerns
● To establish a two-way dialogue to understand concerns, management options and external
perspectives
● To manage stakeholders’ expectations
● To facilitate the collection of quality primary and secondary information relevant; to the project
processes including monitoring
● To triangulate data collected and analysis done to inform decision making
● To document information disclosed and public consultation efforts
● To comply with regulations and requirements on disclosure and consultation
● To provide information about the project and its potential impacts to those interested in or affected by
the project and solicit their opinion in this regard
● To identify additional impacts/issues and possible mitigation measures
● To inform the process of developing appropriate mitigation measures and facilitate consideration of
alternatives and trade-offs (if any)
● To reduce chances of conflict through early identification of contentious issues
● To ensure transparency and accountability of decision-making
● To increase public confidence in the project.

8.2. Stakeholder Categories

The Key informants that were targeted in the consultation meeting were PAPs, Government and private
Institutions operating within the project area and residents of the project area.

Stakeholder concerns and feedback constituted valuable source of information that was useful in project
designing, as well as the identification of any potential impacts. The stakeholders were categorized into
Primary and Secondary groups, as outlined in Table 6-1 below:

Table 8-1: Stakeholder Categories

No. Name Category

Primary Stakeholders
1. GATAWSCO, MUSWASCO & MWEWASCO Water Service Provider

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2. Kenya Forest Service-County Forest Conservator Kenya Forest Service

3. National Government Administrative Office National Government
Deputy County Commissioners (DCC), Chiefs/
Assistant chiefs
4. Murang’a County Government, County Government
Ward Administrator
5. Kigumo Sub- County Officials Sub- County
6. Water Resources Authority (WRA) officers Water Regulatory Body
7. Water Resource Users Association (WRUA) Water Regulatory Body
Officials
8. Public Health Officer National Government
9. Village Elders Community Representatives
10 Area Residents Community
11 Host Community Groups Community
Secondary Stakeholders
12 Physical Planning Officer National/County Government Agencies
13 Sub-county Lands Registrar and Ministries

The key stakeholders, including Chiefs, DCCs, and ACCS, participated in public sensitization meetings held
within the project area from 13th February, 2024, to 14th May, 2024. These meetings were facilitated by the
respective local administration; the area chiefs and assistant chiefs. A total of 12 meetings were conducted,
as detailed in Table 6-1 below. Attendance lists and meeting minutes have been attached in Annex 3. In
addition, interviews were conducted using standard questionnaires (Filled KII questionnaires - Annex 1,
Sample Household Questionnaires - Annex 2, and Signed consents - Annex 5). A Grievance Redress
Mechanism was developed and is attached in Annex 4 of this report.

Table 8-2: Summary of Public Meetings Held

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Water Component
No. Meeting Dates Venue Location No. of Participants (M-
Male, F-female)

1. 13/02/2024 Kiriani-Ndunyu Chege Gatanga- Thithi 20 (16M and 4F)

2. 14/02/2024 Kiawahiga Grounds Gatanga -Kiawahiga 17 (14M and 3F)

3. 26/02/2024 Mariira Farm Kigumo-Mariira Farm 19 (12M and 7F)

& Gwa Kibugi
4. 04/03/2024 Gwa Kibugi Mariira- Kigumo 40 (29M and 11F)
5. 11/03/2024 Kiriani-Ndunyu Chege Gatanga- Thithi 22 (18M and 4F)
6. 15/03/2024 Gathanji Grounds Gathanji 17 (14M and 3F)
7. 8th May 2024 Gakoigo (Chiefs Office) Maragua 30( 17M and 13F)
Sewer Component
No Date Venue Location No. of Participants
6. 1. 14./03/2024 Kiawamburi open area Kiawamburi 23 (18M and 5F)
7. 2. 14/03/2024 Majoice Open Ground Majoice-Mbiri 34 (14M and 20F)
8. 3. 14/03/2024 St Mary’s Njoguini St Mary’s Njoguini 30 (18M and 12 F)
9. 4 23rd April 2024 Maragua Ridge (Chiefs Maragua 23 (10M and 13F)
Office)
10. 5 14th May 2024 Kiawamburi - Majoyce Muranga 26(17m and 8F)
Table 8-3: Summary of PAPs that have signed the Consent Forms

DESCRIPTION Total Number No. of No. of REMARKS

of Project Absentee consents
Affected PAPs signed
Persons (PAPs)
GATANGA 115 5 109 Gatanga

- 1 public Institution
- - 5 Absentee PAP in Gatanga under priority 2
chief has written a letter confirming their
tracing during or before commencement of
Priority 2

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KANGEMA TO 6 0 2 Kangema to Kangari

KANGARI
4(Public Institutions)
MARAGUA 52 27 25 27 PAPs under under priority 2, the chief has
written a letter confirming tracing them during or
before commencement of Priority 2
MURANGA 27 16 11 16 PAPs under under priority 2, the chief has
written a letter confirming tracing them during or
before commencement of Priority 2

TOTAL 200 48 147 - 147 PAPs and 5 Public Institutions (consent

signed under Priority 1).
-16 PAPs under priority 2 in Muranga
-27 under priority 2 (Gakoigo ) in Maragua

Minutes of this meeting have been attached as annexes of this document;

Table 8-4: Stakeholder Concerns/Comments and Responses

Location Comments Response

Water Component
The community members Consultant representative, emphasized to the participants that
inquired whether the PAPs’ (Project Affected Persons) whose land parcels are affected by
community members affected the construction works of the Intake and treatment works will be
will be compensated duly compensated. Nevertheless, he specified that individuals
situated within riparian areas and engaged in farming activities
Kiriani- would solely be eligible for compensation of crops affected, with no
Ndunyu Chege provision for land compensation.
The Community members The Consultant representative responded to the community
inquired about how the riparian members' query regarding the establishment of riparian boundaries
will be established from the from the river. He explained that the Water Resources Authority
river. (WRA) oversees all matters concerning river riparian marking.
According to WRA protocols, riparian zones are determined based

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Location Comments Response

Water Component
on the size of the river, with assistance from hydrologists who assess
various factors to establish the boundaries.

The community members The consultant conveyed to the attendees that they will still be
wanted to know whether they permitted to draw water from the area, albeit from a distance away
will still draw water from the from the newly constructed Intake.
river.
The community inquired on The consultant stated that the commencement date of the project
when the Project will commence will be communicated once all the necessary documentation and
approvals have been cleared, and a no objection has been obtained
for the implementation of the RAP and commencement of works.
The community inquired on how The consultant stated that the valuation of the affected land parcels
much they will be paid and the will be carried out by NLC, aligning with current market prices.
compensation channels that will Subsequently, negotiations and agreements regarding
be used compensation will be reached with the PAPs.
The community members The consultant articulated that the project's objective is to enhance
enquired whether the Project water supply in the area by building a Water storage tank and
will supply sufficient water to increasing the water intake, thereby ensuring sufficient water
the Residents of Kiawahiga supply.
The community members Gatanga Water and Sanitation officials communicated that,
Kiawahiga enquired about the water residents are encouraged to visit the Gatanga Water and Sanitation
charges Company to gain information about the applicable charges.
However, the process for application and the charges for
connection will be communicated in detail. He further clarified that
these charges constitute a percentage that has been set by WASREB
that’s relative to the amount of water consumed.

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Location Comments Response

Water Component
The community members
wanted to know whether the The consultant stated that the water lines will be constructed within
Project will affect private land existing road wayleaves, and all PAPs will be eligible for
compensation. In addition, some private land/property will be
affected, and compensation will be provided accordingly, this will
mainly affect land parcels at the intakes and water treatment works.
The Community requested for The Consultant explained to the meeting that rehabilitation is
an explanation on rehabilitation majorly replacing damaged water infrastructure. This includes
and what it entails water pipes.
The Community was in The Consultant further stated that people take precaution when it
agreement that they are the comes to protecting the existing underground infrastructure. This
main causes of pipes damage. entails refraining from construction of permanent structures and no
planting of trees above the water lines. Residents must adhere to
these measures to ensure continued access to water and to
safeguard the infrastructure.
Mariira Farm
The Community inquired on The Assistant Engineer responded by assuring the residents that
& Wa Kibugi
quality of water pipes to be laid. the quality of the pipes is assured and that the intake works will be
The existing water pipes block well protected and maintained to prevent dumping of wastes.
easily due to waste collected
from the intake works at
Chathanda.
The Community requested for The Sociologist informed the residents that employment
prioritization of employment opportunities will be prioritized for locals, especially for unskilled
opportunity to the locals labor. This will be communicated through the local chief’s office,
with unskilled labor being recruited from this group.
Location Comments Response

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Location Comments Response

Water Component

Sewer Component

Macharia Waweru requested for The MUWASCO official took note of the area and pledged to assess
more consideration in his area of its viability for consideration. He stated that if found viable, it will
residence. be taken into consideration
Kiawamburi
Peter Mucheke enquired on The MUWASCO officials explained the scope of the project to the
whether the project will install residents, stating that it will entail components for the installation
the lateral lines. of the main trunk and lateral sewer lines.
Susan Wanja complained that The MUWASCO official explained the scope in detail, outlining that
people of Majoice area have not the main trunk would be constructed first, followed by the
been considered for sewer yet construction of the lateral sewers. He clarified to the community
they were the ones who had that the trunk sewer precedes the laterals lines which serve the
requested the County consumers/community.
for the services.
Alex Wambugu asked if the It was explained that the land requirement for the project
project can take a whole piece of component will vary depending on the affected portion. This will
Majoice-Mbiri private land. also be thoroughly explained during the valuation and inventory
collection exercise. The project primarily occupies a small area of
land, mostly underground. The RAP will focus on minimizing
disruption and resettlement.
Murathi stated that the quorum It was stated that this was an initial meeting. More public
in the meeting was a bit small. engagements will follow and more people will get engaged along
He expressed it as a small the way. Those present at the meeting were also encouraged to
representation of the pass the message and to be showing up in
community public forums.

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8.3. Future Stakeholder Plan

After the RAP has been disclosed to the public to create further awareness and confirm that the
recommendations to address their plight has been incorporated, it will be necessary to maintain
consultations with them to address any emerging issues. AWWDA should prepare suitable materials
explaining the processes entailed at every stage of compensation, redress mechanism, rights of the PAPs and
any pertinent issues that would enhance smooth implementation of the RAP.

The preparation of the RAP, the land acquisition or project implementation processes are not seamless
activities. Therefore, the process of land acquisition will also provide another opportunity for the community
and the PAPs to engage with the project proponent during the land acquisition process. The details of the
parcels affected will be published in public areas for them to review prior to land acquisition. The National
Land Commission, if necessary, will be given guidelines on the process from request by the acquiring authority
to the taking of possession of affected land by the project. The community will be engaged in regular up-
dates on the project progress as part of the monitoring and evaluation and to sustain their ownership of the
project. Several meetings will be held as part of the RAP implementation process by the Grievance Redress
Committee.

This RAP has provided a lump sum budget of Ksh. 14,275,489.00(Kenya Shillings Fourteen Million, seven
hundred twenty-five thousand four hundred and eighty-nine shillings) to enable AWWDA undertake
Stakeholder Consultation and Public Participation activities.

A detailed proposal will be contained in the overall stakeholder engagement plan.

8.4. RAP IMPLEMENTATION PROCESS

AWWDA as the project proponent and will set-up the Resettlement Committee to oversee the
implementation of the RAP. This will entail verifying the details of the PAPs and facilitating the payment of
any compensation or assistance benefits. The Committee will mobilize the PAPs and keep them informed of
the various stages of the project implementation. The Committee will also create awareness among the
communities living along the project wayleaves. Among the responsibilities of the Committee are:

(i) To ensure that appropriate agencies that are mandated to plan and implement compensation, income
restoration, and rehabilitation programs are identified as early as possible in Project preparation;

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(ii) To ensure compliance with the Resettlement Plan and Environmental Management Plan; and

(iii) To acquire the required land and payment of compensation to the PAPs during the pre- construction
period, and monitoring the completed water and sewerage facilities and ensure that the objectives of the
resettlement plan have been achieved.

The following four components will form part of Implementation of the RAP:

(i) Notification;

(ii) Verification of properties of affected persons and estimation of their type and level of losses;

(iii) Preparation of entitlements for affected persons by Land Acquisition; and

(iv) Relocation and resettlement of the PAPs where necessary.

8.5. LIVELIHOOD RESTORATION PROGRAM

8.5.1. Livelihood Restoration Principles

The following are the principles of livelihood restoration for this RAP:

● Livelihoods are multi-faceted strategies and a combination of approaches is therefore required to

support restoration of income and the reestablishment of community support networks.
● PAPs will be provided with choices so that they can self-determine how their household will best
benefit from the livelihood restoration options provided in this RAP.
● PAPs will actively participate in planning and decision making to ensure proposed support reflects
local realities / priorities and have PAHs active buy-in.
● Vulnerable households are by definition less able to adapt to changes and therefore require targeted
support through the planning and implementation of livelihood restoration as provided in this RAP.
● Transition allowances are necessary but require clear eligibility and end points. Background of
Livelihood Restoration (in this case the RAP proposes a training program in establishment of a new
business, or restoration of agricultural production).

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The main types of livelihoods / income streams encountered in the Project affected area of influence is
farming business of a range of crop and Trees and a business shop. This assessment therefore provides for
livelihoods restoration activities which include:

i. Training on Adopting Sustainable Agriculture Practices

ii. Literacy training on utilisation of compensation funds to avoid misuse
iii. Linkages to Micro-Credit enterprises for credit advance where required.
iv. Prioritization of the affected PAPs in employment opportunities arising from the Project with priority
given to Women and vulnerable groups.

This RAP has provided a lump sum budget of KSH.9,5 16,993. (Kenya Shillings Nine Million Five Hundred and
sixteen Thousand Nine Hundred and Ninety-Three) to enable AWWDA undertake Livelihood restoration
activities listed above.

Sub Sections below provide a detailed description of suggested livelihood activities.

8.5.2. Financial Management

All PAPs who will receive cash compensation for loss of structure, crops and trees will be eligible for financial
management training as per the entitlement matrix. This is in recognition that the absence of financial
training could lead to misuse of the compensation funds leading to increased vulnerability of the PAPs.
Financial training will commence as soon as possible but before households get paid their cash compensation.
The aim of the training is to ensure adequate money management skills and use of cash to enable livelihood
restoration. The financial management training will be based on assessment of existing income-generating
patterns which is mainly related to business streams.

8.5.3. Adopting sustainable agriculture practices

All PAPs will be trained on Adopting sustainable agriculture practices such as conservation tillage, organic
farming, crop rotation, agroforestry, and water management to enhance soil health, improve crop yields, and
promote the conservation of natural resources.

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8.5.4. Linking to Micro-Credit Facilities

PAPs will also be linked to micro-credit facilities in the area. This is to encourage savings and enable
households to invest and restore their livelihoods.

8.5.5. Employment During Construction

PAPs will be offered priority in employment as part of transitional allowance especially with respect to
unskilled and semi-skilled employment. The Contractor will prepare a Labour Recruitment Plan (LRP) to
oversee employment opportunities for PAPs and locals.

8.5.6. HIV/AIDS Awareness Training

Training will be conducted by AWWDA on HIV/AIDS as part of the livelihood restoration measures specifically
in view of the high incidences of HIV/AIDS occurrences due to in-migration of workers.

8.5.7. Photo log

Photographs taken during the preceding of the meetings:

1. Photo of meeting in progress with the NGAO, 2. Photo of meeting in progress with local
Consultant, GATAWASCO, village elders and Administration, Consultant, GATAWASCO, village
residents of Ndunyu-Chege. elders and area residents of Chomo (Kiariani).

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3. Photo (2) of meeting in progress with NGAO, Consultant, GATAWASCO, village elders, and residents of
Chomo

4. Photo of meeting in progress with NGAO, 5. Photo (2) of meeting in progress with NGAO,
Consultant, GATAWASCO, village elders and Consultant, GATAWASCO, village elders and
residents of Kiawahiga (Gatanga). residents of Kiawahiga(Gatanga).

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Photo of a meeting in progress at Mariira Farm with Photo (2) of meeting in progress at Mariira Farm with
NGAO, Consultant, MUSWASCO, Mariira School Administration, Consultant, MUSWASCO, Mariira
administration and residents School administration and residents

Photo of a meeting in progress at Gwa – Kibugi Mariira Photo of a meeting in progress at Gwa – Kibugi Mariira
with local Administration, Consultant, MUSWASCO and with local Administration, Consultant, MUSWASCO
residents and residents

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Photo of the consultations and engagements with PAP Photo of a PAP at Kawariua tank by Consultant and
for Weithaga tank by Consultant and MWEWASCO MWEWASCO

Photo of meeting in progress at St Mary’s with Photo (2) of the meeting in progress at St Mary’s with
administration, MUWASCO, residents and Consultant. administration, MUWASCO, residents and Consultant.

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Photo of area chief addressing the meeting at Majoice Photo (2) of area Chief addressing the meeting at
area Murang’a. Majoice area (Murang’a).

Photo in of meeting in progress at Kiawamburi Murang’a Photo (2) of meeting in progress at Kiawamburi
with NGAO, MUWASCO, residents and Consultant Murang’a with administration, MUWASCO, residents
and Consultant.

Figure 8-1: Public participation meetings photo log (photo taken by the Consultant representative during meetings,
dates from 13th February 2024 to 14th May 2024)

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9. GRIEVANCE REDRESS MECHANISM

This section provides a formal avenue for affected groups and stakeholders to engage with the project
implementers on issues of concern or unaddressed impacts. Grievances are any complaints or suggestions
about the way a project is being implemented. They may take the form of specific complaint for
damages/injury, concerns about routine project activities, or perceived incidents or impacts. Identifying and
responding to grievances supports the development of positive relationships between projects and affected
groups/persons/communities, and other stakeholders.

This grievance redress has provided mechanisms for receiving and facilitating resolution of the affected
institutional or communities’ concerns and grievances. AfDB Safeguard Policies states the concerns should
be addressed promptly using an understandable and transparent process that is culturally appropriate and
readily acceptable to all segments of affected communities, at no cost and without retribution. Mechanisms
should be appropriate to the scale of impacts and risks presented by the project. Grievances can be an
indication of growing stakeholder concerns (real and perceived) and can escalate if not identified and
resolved. The management of grievances is therefore a vital component of stakeholder management and an
important aspect of risk management for a project. Projects may have a range of potential adverse impacts
to people and the environment in general, and identifying grievances and ensuring timely resolution is
therefore very necessary.

AWWDA will inform the project-affected parties about the GRM on the different levels in the course of the
continuous stakeholder engagement. The grievance mechanisms will address concerns promptly and
effectively, in a transparent manner that is culturally appropriate and readily accessible to all project-affected
parties, at no cost and without retribution. Handling of grievances will also be discreet, objective, sensitive
and responsive to the needs and concerns of the project affected parties. The mechanisms will not prevent
access to judicial or administrative remedies. The mechanism will also allow for anonymous complaints to be
raised and addressed. Specific provisions will be established in order to cover any Gender based violence
(GBV), Sexual exploitation, abuse and harassment (SEAH) related issues and complaints appropriately. This
RAP presents a template for grievance registration and -management, covering key information, e.g. the

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mode of receiving the grievance, type of a grievance, actions taken to reach resolution and satisfaction of
complainants.

9.1. Grievance Handling Mechanism Structure

Grievance management will provide three tiers of amicable review and settlement comprising of the
following.

i. Tier 1 – This will be grievances received at the community/village level. Grievances at this level can usually
be solved through adequate mediation using customary rules or local community/administration at the
lowest level.
ii. Tier 2 - The second level will be Project administration (through the Resident Engineer (RE)) where
complains received can be resolved or agreed upon by the Complainant and the Project level GRM team
comprising of the RE, Community Liaison officers, and other safeguards specialists on the Contractor and
Supervising Consultant team.
iii. Tier 3 – This will be composed of the RAP implementation committee and Sub County representatives in
case the grievance cannot be solved on the first and second level.

There will be the option for the complainant to resort to alternative dispute resolution mechanisms (ADRM),
including seeking access to judicial or administrative remedies in court in case there is no solution within the
Project’s grievance redress mechanism set up for the project.

9.1.1. Members of the Grievance Redress Committee (GRC) at project Level

The GRC will elect the chairman and secretary of the GRC, with the DCC being a member and an ex-official of
the committee or a person the RE might appoint as their representative. The Client social safeguards will be
the grievance officer. The proposed members of the grievance committee are as follows:

Table 9-1: Proposed structure of the GRC

Organization Representing

Administration (Dep. County National Government Administration Office - Chairman

Commissioner)

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Local Area Administration (Area Chief) National Government - Member

Community representative Project Affected Community - Member

AWWDA Client social safeguards-Grievance officer

Safeguard specialist Consultant - Member

Contractor representative Contractor - Member

Other Stakeholders As may be determined during the implementation of the

project

The main role of the committee will be arbitration through mediation and negotiation when complaints
arise to ensure that cases are resolved quickly and fairly. The above committee shall meet regularly and
may form special sub-committees or ad-hoc committee that shall meet on a weekly basis or more frequently
as the nature of some grievances may demand. Such sub-committees or special ad-hoc committee will
report their findings and recommendations to the main committee for ratification or approval.

9.1.2. Key staff coordinating Grievance Redress

The Client social safeguard/ grievance officer will be in charge of GRM, the following will be their
responsibilities;
● Coordinate formation of Grievance Redress Committees (GRCs) before the commencement of
construction to resolve issues.
● Act as the Focal Point for AWWDA on Grievance Redress issues and facilitate the grievance
mechanisms.
● Create awareness of the Grievance Redress Mechanism (GRM) amongst all the stakeholders
through public awareness campaigns.
● Assist in Redress of all Grievances by coordinating with the concerned parties.
● Maintain information of grievances and Redress.
● Monitor the activities on Redress of Grievances.
● Prepare the progress for monthly/quarterly reports.

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● Provision of resources to cover the operational costs of the GRM

9.1.3. Receiving and addressing grievances related to GBV/SEA/SH

There will be a dedicated person and number for receiving such grievances which will be relayed to AWWDA
directly for processing and resolution. Details of receiving and addressing grievances related to GBV/SEA/SH
are included in the Main SEP report for the project.

9.1.4. Receiving Complaints

a) Points of receipt of complaints
The various points of receiving complaints would be as follows:

• National Government Administration Offices;

• Area Local chief’s office;
• AWWDA’s offices
• Contractor or RE office
• Ministry of Water, Sanitation and Irrigation
• Representative at the community level

b) Mode of receipt and recording of Complaints

The complaints can be made in writing, verbally, over the phone, emails or any other media. As soon as the
officer receives a complaint, they should issue an acknowledgement of the complaint, including the details
of the person bringing the grievance. The officer receiving the complaints should obtain relevant basic
information regarding the grievance and the complainant and will immediately inform the safeguard
specialist the receipt of the complaint.
The GO will maintain a Complaint / Grievance and Redress register or log book and the responsibility of
keeping records collected from relevant bodies will be the responsibility of the supervising consultant’s
Safeguard specialist.
c) Registry and Monitoring
All complaints received will be registered at the Project Site office and monitored. The Grievance log will
also present:

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• No of complaints received.
• No and % of complaints that have reached agreement.
• No and % of complaints that have been resolved.
• No and % of complaints that have gone to mediation
• No and % of complaints that have not reached agreement.

The log will also show the issues and geographic areas most complaints circle around. The information
provided by the log database is expected to help improve the Grievance Redress Mechanism and better
understand and address the environmental and social impacts of the project.

Table 9-2: Grievance Redress Process

Process Description Time frame Other information

(No. of
Days)

Identification of Face to face; phone; letter, e-mail; 1

grievance Recorded during public/community
interaction;

Grievance assessed Significance assessed and grievance 4-7 Significance criteria: Level 1 –
and logged recorded or logged (i.e. in the GRM log one off event; Level 2 – complaint is
book) widespread or repeated; Level 3-
any complaint (one off or repeated)
that indicates breach of law or
policy or provisions in other project

documents

Grievance is Acknowledgement of grievance through 4-7

acknowledged appropriate medium

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Process Description Time frame Other information

(No. of
Days)

Development of Grievance solved at Tier 1 Project level 4 GO and complainant to sign off
response
Response development with input from
management/ complainant/relevant
stakeholders.

Response signed off Grievance closed Within RE to sign off

above
Redress action approved at appropriate
levels timelines

Grievance not solved, Grievance passed to appropriate party for 7 GRC and complainant to sign off
passed to GRC resolution (GRC) – Tier 2.

Redress action approved at appropriate

levels.

Implementation and Redress action implemented and update Within 7

communication of of progress on resolution communicated days
response to complainant.

Complaints Response Redress action recorded in grievance log 4-7

book.

Confirm with complainant that grievance

can be closed or determine what follow
up

is necessary.

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Process Description Time frame Other information

(No. of
Days)

Grievance not solved Grievance passed to appropriate party for At Most 7 Complainant to sign off
resolution. Days

Final decision communicated

to complainant.

Close grievance Record final sign off of grievance. 4-7 Final sign off on by AWWDA

If grievance cannot be closed, return to

step 2 or refer to sector ministry or
recommend third-party arbitration or
resort to court of law.

9.1.5. Grievance Redress Mechanism Process

The stakeholders are informed of various points of making complaints (if any) and the RE will collect the
complaints from these points on a regular basis and record them. This is followed by coordinating with the
concerned people to address the grievances. The RE will manage the grievance activities at the respective
stakeholder’s level to address the Grievances and would act as the focal point in this regard. The complaints
are received at various points as described above. A 3- tier Redress structure is proposed to address all
complaints for the proposed project effectively.
a) First tier of Redress
The first tier is divided into two parts where a complainant can register their grievances and are resolved
quickly:

● Village redress led by local administration such as the Local Chief or Assistant chief, Nyumba Kumi
leaders and
● Project level redress led by project GRC

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● Village Level GRM

Some parties show preference for an alternative mechanism which utilizes the use of Village Level GRC. The
village level GRC is categorized with the following recommended membership;
• Assistant/sub locational chief,
• Nyumba Kumi Leader
• Nyumba Kumi representatives
• One project affected youth,
• One project affected woman,
• One project affected male
• Persons with Disability
• Contractor representative
b) Second tier of Redress
The other resolution at this first tier will normally be at the project level. If the affected party / complainant
does not want to use the Village level GRC, they are free to forward their grievances to the Project Resident
Engineer’s office directly.
Resolutions at Village GRC or the RE shall be done within 14 working days and notified to the concerned
through a disclosure form. Should the Grievance not be resolved within this period, this would be referred
to the next level of Grievance Redress. However, if any of the above two mechanisms feels that adequate
solutions are worked out but it would require a few more days for actions to be taken, the leaders of these
mechanisms can decide on retaining the issue at this level by informing the complainant accordingly.
However, if the complainant requests for an immediate transfer of the issue to the next level, it would be
accepted and the issue would be taken to the next tier, especially if the issue is not addressed within 21
days.
The Grievance Redress Committee (GRC) would be the one which would address the grievance in the next
level in case the problem is not solved at the first tier. The RE will coordinate with the respective chairman
of the GRC in getting this Committee to meet and get the necessary circulars issued in this regard so that
they can be convened whenever required.

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The RE will coordinate the convening of the meetings of the GRC and is also responsible for briefing the GRC
on the grievances and deliberations of the first level of Redress, outcomes and on the views of both the
parties (project and complainant).
The GRC will hold the necessary meetings with the affected party / complainant and attempt to find a
solution acceptable at all levels. The GRC would record the minutes of the meeting and this will be filed by
the RE. The decisions of the GRC will be communicated to the complainant formally and if he/she accepts
the resolutions, the complainant’s acceptance is obtained in writing and signing off is done between the
complainant and the GRC.

If the complainant does not accept the solution offered by the GRC, then the complaint is passed on to the
next level / or the complainant can reach the next level for redress. The Chairman of the GRC would be
required to forward the issue to the Third Tier to facilitate in exploring a solution to the grievance. In any
case, the grievance should be forwarded to the next level if no solution is reached within 14 days of the case
reaching the second level. However, in cases nearing offering an amicable solution, it can be retained to an
extent of 21 days.

c) Third tier of Redress

If the affected party / complainant does not agree with the resolution at the 2nd level, or there is a time
delay of more than a month in solving the issue, the complainant can opt to consider taking it to the third
level.

Where an agreement has not been reached, the complainant will be offered the option of an independent
mediation process at an alternative arbitration body such as local arbitration arrangements, local
administration, or other avenues as might be prescribed in the Kenya constitution before legal redress. The
RE will collect all the details of the Grievance including the deliberations of first tier efforts and of the GRC
and present it to the 3rd level tier. The 3rd tier structure will deliberate upon the issue and give suitable
recommendations. The minutes of the meetings will be recorded and kept at the respective Water Works
Development Agencies office.

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The decisions of the 3rd tier structure would be final from the project side and will be communicated to the
complainant formally and if he/she accepts the resolutions, the complainant’s acceptance is obtained and
signed off by the complainant and the 3rd tier structure, including the project GRC.

The Complainant may decide to take a legal or any other recourse if they are not satisfied with the
resolutions of the deliberations of the three tiers of GRM. It should be encouraged that the 2 levels of
handling the grievances should be exhausted extensively before one goes to courts as last resort.

9.1.6. GRM Jurisdiction

The proposed GRM framework is project specific and scaled to the risks and impacts of the project. It is
meant to solve the various project concerns by the stakeholders or any complainant. The proposed GRM is
however not intended to bypass any Governments’ own existing redress process; rather is intended to
address affected people’s concerns and complaints promptly, making it readily accessible to all segments of
the affected people. Any established Government Redress mechanisms take priority over the proposed
GRM. The GRC’s term shall have a Terms of Reference (ToR), tenure and timelines when the GRC will be
closed.
The figure below shows a proposed Grievance Redress Mechanism flow process for the proposed project.
This will be reviewed and customized to address any missing gaps before establishment as required in the
project.

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Registration of the grievance or

dispute upon being lodged to the GRC

Resolution of the grievance by

at First Level

NO
Closure of the grievance or
YES dispute

Resort to Mediation
Committee

Complainant Grievance processing by

Mediation
Final closure Satisfied
Committee
With

Outcome
Response of the Mediation
Committee

Complainant
Satisfied
NO With
One or the other party
Outcome
resort to Justice

YES

Final closure

Figure 9-1: Figure Grievance Redress Flow Chart

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9.1.7. Building Grievance Redress Mechanism Awareness and Training

The Environmental and Social Specialists will initially train all staff of the project office, AWWDA PIT, and
Works Supervision consultant on the Grievance Redress Mechanism of the Project and explain to them the
procedures and formats to be used including the reporting procedures. The project Social Specialist will brief
all project stakeholders on the Grievance Redress Mechanism of the Project and explain the procedures and
formats to be used including the reporting procedures.
Training and awareness will be conducted targeting project stakeholders to inform them of the availability of
the mechanism. A project site notice will be displayed at the project sites indicating the existence of the
mechanism and a phone number, email and address for further information. The GRM will be translated into
the local language as appropriate where required, and information about the GRM distributed at all
administration offices along the project area of influence.

9.1.8. Monitoring and Reporting of GRM

The Social Safeguards Specialists and/or Environmental Specialists for the project will prepare the Monthly
Reports on the Grievance Redress issues of the project. The Grievance Redress Committee may review the
nature of grievances that have been represented and if grievances are repeated, recommend suitable
changes in implementation procedures and forward these to the Project team for implementation. The
following indicators will be used for monitoring purposes:

• Number of active project complaints and appeals recorded and reported in different sites
• Percentage of grievance redressed claims settled within the specified/reporting period
• Percentage of unresolved complaints or disputes during the monitoring/reporting period

9.1.9. GRM Budget

The allocated budget for GRM in the Resettlement Action Plan is Ksh.9,516,993.00 (Kenya Shillings Nine
million five hundred sixteen thousand nine hundred ninety-three) which constitute 10% of the total RAP cost.

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10. RESETTLEMENT AND COMPENSATION STRATEGIES

10.1. Key Principles in Resettlement and Compensation Strategies
The main objective of resettlement and compensation is to ensure that the PAPs get fair and prompt
compensation. In this way, it is expected that their income, production capacity and standard of living will be
improved, or at least restored to their former levels. The guiding principles for the implementation of the
RAP are as follows:

(i) Resettlement or relocation has been minimized by taking into consideration all possible alternative
measures;

(ii) Compensation will be paid before project works start in a specific project area and in a manner that
does not curtail the livelihoods of the PAPs in terms of access and utilization of such compensation;

(iii) The compensation values awarded will be fair enough to restore the livelihoods of PAPs;

(iv) The compensation awards will be paid out according to the preference of the PAPs;

(v) A statutory disturbance allowance of 15 per cent of the compensation value will also be included;

(vi) All other activities related to the RAP will be communicated in advance to the PAPs using the
preferred channels of communication;

(vii) Where grievances arise, the respective PAPs will be given an opportunity to be heard, fairly and
promptly;

(viii) Measures will be taken to ensure that vulnerable groups get special assistance and support; and
where spousal and children consent is needed, the provision will be enforced.

10.2. Resettlement Implementation Arrangements

A list of the organizations, which are part of this RAP implementation are indicated in Table 9-1 below. These
organizations are crucial in the RAP implementation process and are mandated to perform their respective
roles and have capacity to undertake their specific responsibilities. RAP implementation unit will be charged
with the overall responsibilities of implementation of the RAP.

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Table 10-1: Roles and Responsibilities for Planning and Execution of Resettlement

Responsible
Activity Purpose Period
Authority
Preparation of the Resettlement To provide census of project Pre- AWWDA
Action Plan affected households, socio- construction
economic baseline data of PAPs,
Asset inventory, notification and
preliminary consultation with
PAPs in line with international
good practice & Donor
requirements
RAP approval and disclosure AWWDA to review and submit the Pre- AWWDA and
final RAP report to the Bank for construction AfDB
Approval and plan for public
disclosure
Communication and invitation of To convey meetings with Pre- AWWDA/RAP
meetings with the stakeholders stakeholders on the approve RAP construction consultant
regarding the approved RAP and inform next steps
containing information on
disruption of structures and
sources of livelihood and
compensation.
Validation of assets and ownership To ensure that rightful asset Pre- AWWDA/RAP
owners and interested persons construction consultant
are identified for compensation
Payments of compensation To disburse cash compensation to Pre- AWWDA
all eligible affected property construction

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Responsible
Activity Purpose Period
Authority
owners and users after the
approval of the RAP by the Bank
Issue Notices to Vacate To prepare PAPs compensated to Pre- AWWDA/RAP
relinquish the property construction consultant
compensated for

Livelihood restoration measures To facilitate project affected Construction AWWDA/RAP

persons to restore or enhance /pre- consultant
their livelihoods construction
period
Continuous consultation and To keep project affected Throughout AWWDA/RAP
engagements communities informed about the project consultant
project activities period
Grievance management To receive and promptly redress Throughout GRC
grievances the project
period
Monitoring and evaluation To monitor RAP implementation Construction AWWDA/
/post NUWSS/AFDB
construction Implementing
period Unit

10.3. RAP Activities Implementation Process Flow

AWWDA as the implementing agency is responsible for the implementation of this RAP, and will also ensure
affected households are fully compensated. The key institutions that were identified as critical to both
preparation and implementation of the RAP are as indicated in Table 8-1 above through the Project
Implementation Unit (PIU), local administrators, PAPs representatives, and RAP team as discussed below:

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10.4. Valuation and related Legal Issues

Fair, just, and prompt compensation for project-affected persons is important in implementing social
safeguard measures to mitigate impacts from the project. The valuation process served as the determining
factor for compensation. In this RAP, the valuation process for compulsory land acquisition adhered to the
provisions outlined in the Land Act. This included compensation accurate awarding which reflected the value
of the land affected by the project, which followed the established legal frameworks and procedures. By
adhering to the provisions of the Land Act, the RAP aimed to uphold transparency, equity, and accountability
in the compensation process; safeguarding the rights and interests of project-affected persons.

10.5. Institutional Arrangement

• AWWDA PIU

The structure of the unit shall be as follows:

• Environmental and Social Safeguard Experts

• Environmental and Social Safeguard Officer
• Community Mobilisation and Engagement Expert
• Gender and Social Welfare Expert
• Monitoring and Evaluation Officer
• County Lands Officer

This unit shall be responsible for:

i. Overseeing the implementation of the RAP;

ii. Ensuring maximum participation of the affected people in the planning of their own resettlement
and post resettlement circumstances;
iii. Financing the payment or compensation and other designated resettlement related costs;
iv. Reviewing detailed RAP that include valuation reports for the all-affected assets
v. Compensating all the project affected Persons and engaging NLC to take up land acquisitions;

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vi. Undertake periodic monitoring and evaluation of the PAPs and the undertaking of appropriate
remedial action for grievance redress and monitor and evaluate pre and post project on income
restorations implementation;

• Project Management at Ministry level

The Ministry of Water, Sanitation, and Irrigation (MOWSI) will play a central role in interfacing with other
sector ministries, agencies, and counties concerning project matters and policies, particularly issues related
to the RAP. The roles will include:

i. Coordinate communication with other sector ministries, agencies, and counties regarding project-
related policies and matters, with a specific focus on RAP issues.
ii. Engage with the National Treasury to address issues related to RAP budget financing, ensuring
adequate funding for the project's implementation.
iii. Directly communicate with the Bank on technical matters concerning RAP preparation, approvals,
disclosure, and implementation, among other relevant aspects.

Table 10-1 other institutions that will play a role in RAP implementation and monitoring
S/N INSTITUTION ROLE

1. National Land • Valuation of land and assets affected by the project. NLC will
Commission conduct assessment of all assets that are being affected by the
project and prepare a just total valuation for the affected persons
• Land acquisition and compensation. NLC undertakes the
valuation of land and assets to ensure that affected persons
receive fair and prompt compensation. It also issues notices of
intention to acquire land and engages with landowners and
affected communities to explain the process and their rights.
• Public participation and Grievance Redress

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The County Government The county Government will assist in identification of PAPs and
undertaking of community engagement meetings.

The National Treasury Provide fund for PAPs compensation

Ministry of Interior and Through the local administration, they will facilitate public
National Coordination participation and support the implementation of the project GRM

NEMA Approval of ESIAs and issuance of NEMA licenses for the project

CBOs Community engagement and dissemination of project information to

the PAPs

Ministry of Water, Coordination and oversee entire RAP implementation

Sanitation and Irrigation

• RAP Implementation Schedule

The implementation schedule provides a set of activities from the 1st stage of planning to 2nd stage of
implementation. The schedule is given in Table 9-2 below:

Table 10-2: RAP Implementation Schedule

Period in Months

S/N Responsibility 1 1 1 1 1 1 1
TASK NAME 1 2 3 4 5 6 7 8 9
o. 0 1 2 3 4 5 6

RAP Consultant
Preparation, AWWDA
A.
Review and
Update

Approve of AWWDA and

B.
RAP Financier

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Period in Months

S/N Responsibility 1 1 1 1 1 1 1
TASK NAME 1 2 3 4 5 6 7 8 9
o. 0 1 2 3 4 5 6

Updated
Report

Disclosure of AWWDA and

C. Updated Consultant
RAP

Formation of AWWDA and

Grievance Consultant
D. managemen
t
committees

Capacity AWWDA and

building of Consultant
E.
PAPs
committee

AWWDA, NLC
Validation of
F. and
asset values
Consultant

Validation of AWWDA and

G.
ownership Consultant

Issuance of AWWDA
H.
Awards

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Period in Months

S/N Responsibility 1 1 1 1 1 1 1
TASK NAME 1 2 3 4 5 6 7 8 9
o. 0 1 2 3 4 5 6

Payment of AWWDA, and

I. compensatio NLC
n

Grievance AWWDA and

J. Redress Consultant
Mechanism

Livelihood AWWDA and

K. Restoration Consultant
activities

Monitoring AWWDA and

L.
activities Consultant

Do note that after approval of the RAP, it shall be disclosed for 120 days by both AWWDA & AfDB before
implementation. Also, part of activities involves land appropriation by NLC and ensuring the titles are
transferred to the state, ensure restricted access and no trespassing.

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11. VALUATION METHODOLOGY AND BUDGET

11.1. Valuation Methodology
The valuation methodology employed in this RAP was based on the assessment of property value, considering
the market factors. It entailed the collection and analysis of data, including social, economic, governmental,
and environmental attributes.

The data collected included local market conditions and asset/property details such as location, physical and
economic factors, and legal features. The value of the property was influenced by rights of enjoyment or
compensation, particularly when such benefits are to be withdrawn.

In Kenya, compensation for land includes the incorporation of all expenses and injurious affection resulting
from disturbances to affected persons. Thus, the compensation value may exceed normal market rates.
Factors that affected the value included location, legal rights, and permitted land use.

The valuation exercise was conducted in conjunction with a household survey to ensure that project-affected
persons physically identify all assets within the project boundaries.

In the valuation process for this RAP, five methods were utilized:

(i) Comparison Method: This method involved comparing similar properties to determine value. While
acknowledging that no two properties are identical, adjustments were made to align comparable
properties. This method relied on an active market but faced limitations due to insufficient or misleading
data. To mitigate these challenges, valuers established standard values per square foot/meter for
different regions, adjusting for various factors.
(ii) Investment Method: This method relied on an active investment market. Similar to the comparison
method, it faced limitations due to a lack of diverse data.
(iii) Full Replacement Cost Approach Method: This approach assessed property value by considering the cost
of purchasing the site and building, focusing on reproduction/replacement value.

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(iv) Profit Method: This method was utilized in the absence of adequate rental or sales evidence, this method
determined value based on the hypothetical purchaser's profit from conducting business on the
property.
(v) Residual Method: This applied to properties with development potential, whether undeveloped or
partially developed, this method calculated value by subtracting development costs from the estimated
future value.

The valuation process, incorporated the above methods, eventually determining the value of the property.
Notably, while these methods can be applied to the same property if data is available, they may give varied
results. Therefore, experience and understanding of the existing property market are essential for the valuer
to arrive at a suitable value, beyond quantification and method of calculation.

This RAP, the method that was selected as appropriate is the Full Replacement Cost Approach. This approach
aimed at estimated property value based on the cost of acquiring the site and building, ensuring that PAPs
are not physically or economically disadvantaged when the project is implemented.

By employing the Full Replacement Cost Approach, the valuation ensured to accurately assess the value of
affected properties, protecting the interests of PAPs throughout the project implementation.

11.2. Factors considered during Valuation

11.2.1. Land Acquisition
The function of acquiring land compulsorily for public purposes is vested in the National Land Commission by
the Constitution of Kenya (2010) and section 135 of the Land Act 2012.

Under the Land Act 2012 The Commission shall:

● Implement Settlement programmes on behalf of national and county governments as outlined in

section 134 of the Land Act.
● Administer the Land Settlement Fund in accordance with section 135 of Land Act
● Manage the Land Compensation Fund

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● Identify ecologically sensitive areas that are within public land and demarcate and take any other
justified action on those areas and act to prevent environmental degradation and climate change in
accordance with the Land Act.
● Reserve public land for the establishment of approved settlement programmes, and where public
land is not available, purchase private land subject to the Public Procurement and Disposal Act, 2005
or any other law as provided for in section 134 (5) of the Land Act.
● Set aside land for investment purposes in accordance with section 12(3) of the Land Act.
● Approve compulsory acquisitions, wayleaves, easements and analogous rights.
● Ensure that the investments, in land benefit local communities and their economies.
● Make regulations prescribing the criteria for allocation of public land, such regulations to prescribe
forms of ownership and access to land under all tenure systems.
● The procedure and manner of setting aside land for investment should respect mechanisms of
benefit sharing with local communities.
● Undertake an inventory of all land based natural resources upon coming into force of the Land Act
as stipulated in section 15(3) of the Land Act.

Therefore, the Commission will undertake the gazettement and issue the notices to the PAPs. It will arrange
for valuation inspections of the affected properties and issue awards upon determining the claims submitted
at the public inquiries. The National Land Commission will act on behalf of the project proponent (AWWDA)
in land acquisition and taking possession of the affected land after making compensation payments to the
landowners.

The valuation process will encompass compensation for the loss of land and developments, loss of incomes
for landlords. In addition, ensure provisions of disturbance allowance of 15% to be payable to property
owners above the compensation award to address any inconvenience caused due to the land acquisition and
associated developments.

11.2.2. Basis for Valuation for Land

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The RAP constitutes additional land needed for laying of the pipe and working space required for the
construction of water or sewer components. This will need compulsory acquisition under the Land Act. The
compensation awarded for this acquisition depends on the following factors:

(i) The size of the land affected by the proposed project, determined the compensation amount.

(ii) The value of interests in the land was influenced by presence of either the water or sewer component of
the project. This includes considerations such as land use, zoning regulations, and impacts on property value.

(iii) Valuation was based on the principle of replacement cost.

The approach used was the land-market comparable approach, where recent sale prices of similar parcels of
land or plots were analyzed to arrive at the open market value. This method ensured the compensation
amounts are fair, just and considered current market conditions for similar properties in the vicinity.

11.2.3. Valuation of Structures, Crops and Trees

The RAP considered compensation for structures, crops, or trees is determined based on the gross market
value of the lost asset, which fully accounts for the owner's investment in construction materials, labor,
seeds, fertilizer, etc, already expended. This valuation has considered two main factors: the market value of
the structure, crops, or tree, and the average annual yield for crops and trees. The compensation calculation
has used the highest market price observed during the year.

Priority was given to harvesting crops and salvaging structure materials (where feasible), the affected crops
or trees are counted, and compensation is calculated based on the market rates. Compensation for crops
adhered to Kenyan laws under the Ministry of Agriculture, and landowners, leaseholders, tenants, and
property owners will receive compensation at market value for their assets.

Compensation for crops and trees was determined based on market values in Murang'a County or local rates
from the Department of Agriculture and Markets, for the acreage of each particular crop. This ensured that
affected persons receive fair and just compensation for their losses, in accordance with established legal and
regulatory frameworks.

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11.3. RAP Budget

a. Gatanga
Table 11-1:Summary RAP Budget for Gatanga

No. Property Total No. of Affected Units Total Amount (Ksh.)

Land (0.1716 10 Ksh1,272,300.00
1
Ha)
2 Trees 2183 Ksh14,998,500.00
3 Crops 23162 Ksh4,141,500.89
4 Structures 1 Ksh25,824.00
Total Cost of Land, Trees, Crops and Structures (Ksh.) Ksh20,438,124.89
Add 15% Disturbance allowance (Ksh.) Ksh3,065,718.73
Subtotal 1- Compensation Cost (Ksh.) Ksh23,503,843.62
GRM implementation Add 10% of Subtotal 1 (Ksh.) Ksh2,350,384.36
Monitoring and evaluation Add 15% of Subtotal 1 (Ksh.) Ksh3,525,576.54
Stakeholders Consultation Add 15% of Subtotal 1(Ksh.) Ksh3,525,576.54
Trainings 10% of Subtotal 1(Ksh.) Ksh2,350,384.36
Subtotal 2(Ksh.) Ksh11,751,921.81
Contingency @ 10% of compensation cost of Subtotal
1(Ksh.) Ksh2,350,384.36
Grand Total (Ksh.) Ksh37,606,149.79
b. Maragua
Table 11-2:Summary RAP Budget for Maragua

No. Property Total No. of Affected Units Total Amount (KShs)

1 Land (19.06ha) 52 Ksh51,769,876.00
2 Trees 392 Ksh3,324,000.00
3 Crops 4,715 Ksh1,744,020.00

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4 Structures 4 Ksh1,392,075.00
Total Cost of Land, Trees, Crops and Structures Ksh58,229,971.00
Add 15% Disturbance allowance (Ksh.) Ksh8,734,495.65
Subtotal 1- Compensation cost (Ksh.) Ksh66,964,466.65
GRM implementation Add 10% of Subtotal 1(Ksh.) Ksh6,696,446.67
Monitoring and evaluation Add 15% of Subtotal 1(Ksh.) Ksh10,044,670.00
Stakeholders Consultation Add 15% of Subtotal 1(Ksh.) Ksh10,044,670.00
Trainings 10% of Subtotal 1(Ksh.) Ksh6,696,446.67
Subtotal 2(Ksh.) Ksh33,482,233.33
Contingency @ 10% of compensation cost of Subtotal 1
(Ksh.) Ksh6,696,446.67
Grand Total (Ksh.) Ksh107,143,146.64
c. Murang’a
Table 11-3:Summary RAP Budget for Murang’a

No. Property Total No. of Affected Units Total Amount (KShs)

1 Land 0 Ksh0.00
2 Trees 194 Ksh1,413,000.00
3 Crops 3082 Ksh364,980.00
4 Structures 0 Ksh0.00
Total Cost of Land, Trees, Crops and Structures Ksh1,777,980.00
Add 15% Disturbance allowance (Ksh.) Ksh266,697.00
Subtotal 1 compensation cost (Ksh.)
Ksh2,044,677.00
GRM implementation Add 10% of Subtotal 1(Ksh.)
Ksh204,467.70
Monitoring and evaluation Add 15% of Subtotal 1(Ksh.)
Ksh306,701.55
Stakeholders Consultation Add 15% of Subtotal 1(Ksh.)
Ksh306,701.55
Trainings 10% of Subtotal 1(Ksh.)
Ksh204,467.70

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Subtotal 2(Ksh.)
Ksh1,022,338.50
Contingency @ 10% of compensation cost of Subtotal 1(Ksh.)
Ksh204,467.70
Grand Total (Ksh.)
Ksh3,271,483.20
d. Kangema-Kangari
Table 11-4:Summary RAP Budget for Kangema/Kangari

No. Property Total No. of Affected Units Total Amount (KShs)

Land 2 Ksh2,310,385.00
1
(0.727Ha)
2 Trees 0 Ksh0.00
3 Crops 0 Ksh0.00
4 Structures 0 Ksh0.00
Total Cost of Land, Trees, Crops and Structures Ksh2,310,385.00

Add 15% Disturbance allowance (Kshs.) Ksh346,557.75

Subtotal 1- compensation cost (Ksh.) Ksh2,656,942.75

GRM implementation Add 10% of Subtotal 1(Ksh.) Ksh265,694.28
Monitoring and evaluation Add 15% of Subtotal 1(Ksh.) Ksh398,541.41
Stakeholders Consultation Add 15% of Subtotal 1(Ksh.) Ksh398,541.41
Trainings 10% of Subtotal 1(Ksh.) Ksh265,694.28
Subtotal 2(Ksh.) Ksh1,328,471.39

Contingency @ 10% of compensation cost of Subtotal 1(Ksh.) Ksh265,694.28

Grand Total (Ksh.) Ksh4,251,108.42

Table 11-5: Overall RAP Budget (Gatanga, Maragua, Kangema/Kangari and Murang’a)

Overall Summary
No. Property Total No. of Affected Units Total Amount (Ksh.)

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Land (19.9586 64.00 Ksh55,352,561.00

1
Ha)
2 Trees 2769 Ksh19,735,500.00
3 Crops 30,959 Ksh6,250,500.89
4 Structures 5 Ksh1,417,899.00
Total Cost of Land, Trees, Crops and Structures (Ksh.) Ksh82,756,460.89
Add 15% Disturbance allowance (Ksh.) Ksh12,413,469.13
Subtotal 1- Compensation Cost (Ksh.) Ksh95,169,930.02
GRM implementation Add 10% of Subtotal 1(Ksh.) Ksh9,516,993.00
Monitoring and evaluation Add 15%of Subtotal 1(Ksh.) Ksh14,275,489.50
Stakeholders Consultation Add 15% of Subtotal 1(Ksh.) Ksh14,275,489.50
Trainings Add 10% of Subtotal 1(Ksh.) Ksh9,516,993.00
Subtotal 2(Ksh.) Ksh47,584,965.01

Contingency @ 10% of compensation cost on subtotal 1 (Ksh.) Ksh9,516,993.00

Grand Total (Ksh.) Ksh152,271,888.03

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12. MONITORING AND EVALUATION

The main objective of monitoring and evaluation in this RAP is to assess the overall effectiveness of
implementation, report on progress, and address any emerging issues. This will ensure implementation aligns
with the established plan, allocated budgets, and specified timelines. This will provide insights into
implementation progress, identify potential challenges, and take corrective actions as necessary. The RAP
monitoring plan consists of three main components:

i. Performance Monitoring: This component will entail continuous tracking and evaluation of project
activities, outputs, and outcomes against indicators and targets. This will enable the assessment
of the implementation processes, and identify areas for improvement.
ii. Impact Monitoring: Impact monitoring will focus on assessing the effects and implications of RAP
implementation on affected stakeholders, communities, and the environment. This will enable
the measurement of extent of the interventions have achieved their intended objectives and
contributed to desired outcomes; livelihood restoration, and environmental sustainability.
iii. Completion Audit: The completion audit will be conducted at the conclusion of RAP implementation
to evaluate the overall achievements, outcomes, and compliance with project objectives,
standards, and regulations. This will include a review of RAP, financial records, and on-the-ground
activities to ensure that all requirements have been met and that project deliverables have been
successfully delivered.

12.1. Monitoring and Evaluation Components

12.1.1. Measuring & monitoring performance
This will be conducted as an internal management function by AWWDA Project Management Unit, and will
involve measuring actual progress of the various activities against set targets.

12.1.2. Impact monitoring

Impact monitoring is carried out with the objective of assessing the impact or effectiveness of the RAP and
its implementation in meeting the needs of the affected people. The impacts of resettlement on the PAPs
should be tracked and measured against the baseline of census and socio-economic surveys. Indicators of

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such impacts should be set in advance, and should broadly include impacts of physical relocation, welfare
changes, health related impacts, social-cultural impacts among others. Impact monitoring should start after
resettlement has occurred, giving enough time to ensure that whatever impacts that may occur will have
done so, and that they have been measured and assessed. The impact monitoring should continue for a
number of years after resettlement. Direct consultation with the PAPs should be included in the various
phases of impact monitoring as often as possible to ensure that what is captured is actually what is happening
on the ground. Impact monitoring should be contracted out to an outside agency to impart transparency in
the whole process. Table 11-1 presents M&E activities in two categories comprising internal and external
monitoring.

In the case of this project where there will be loss of productive land but no displacement, AWWDA will be
interested to know how the PAPs utilize the compensation money and how they manage productive
capacities with the remaining parcels of land.

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Table 12-1: Activities, data and responsibility for monitoring and evaluation of RAP implementation

Project Stage Parameter KPI Indicators Verifier Responsibility Frequency

Land acquisition and Public meetings held Number of public Minutes of meetings AWWDA During implementation
resettlement planning meetings held
reported to the Bank
monthly through the
monthly report

Census report Completion of assets, Census report AWWDA During implementation

completion inventory taking

Permanent land Issuance of awards, Copies of letters, AWWDA, NLC, National reported to the Bank
acquisition progress Disbursement of payment vouchers, Security and Interior monthly through the
compensation bank account records Coordination monthly report
payments, Grievance
redress procedures

Compensation for land Loss of housing and Copies of payment AWWDA, NLC, Ministry During implementation
other structures, House vouchers, verification of Public Works,
demolition of houses constructed National Security and
Interior Coordination

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Relocation and Partial impacts on Compensation for AWWDA Half-yearly

construction houses and other demolition, new
structures, Acquisition construction and re-
and preparation of organization of land,
alternative land, Voucher payment,
Construction of Actual construction
housing, infrastructure,
and social facilities

Land sub-division and Number of plots, Records of issuance of AWWDA, National Every month until
actual construction Number of houses, land and compensation Lands Commission completion of
activities Construction types amount, verification of (NLC), Ministry of construction activities,
construction activities Public Works (MoPW) or as per requirement
by project sponsor

Project Arising grievances Compensation amount Payment audits, Task Force of Twice a year, One year
implementation and and payment, Records of grievances Compensation & after resettlement for
Defects Liability Period Rehabilitation of and resolutions Resettlement the socio-economic
Infrastructures, Committee, contracted survey
Relocation, Handling research or consulting
conflicts agency, development
NGO

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12.2. Internal Monitoring

1. Process Indicators
Project input, stakeholder Adequacy of compensation budget
participation and monitoring Causes of administrative cost overruns and / or shortfalls
Existence of an adequately staffed RAP Steering Committee
Availability of resources for RAP Steering Committee
Adequacy of compensation budget
Identification of causes leading to administrative cost overruns or
shortfalls
Existence of a well-staffed RAP Steering Committee
Availability of resources allocated to the RAP Steering Committee
Presence of a grievance resolution mechanism
Availability of resources allocated to the Grievance Mechanism
Implementation of Monitoring and Evaluation Systems
Generation of monthly monitoring and quarterly audit reports
2. Output indicators
Delivery of entitlements, Amount of compensation disbursed.
relocation, and rehabilitation Progress of compensation payment and relocation of PAPs vis a vis
construction program
Impacts of deviation from resettlement program to the
construction program
Efficacy of inter-agency co-ordination mechanisms.
Efficacy of the Grievance Resolution Mechanism.
Perceptions of stakeholders toward the Grievance Resolution
Mechanism
Amount of compensation disbursed
Progress of compensation payment and relocation of PAPs vis-a-vis
construction program
Impacts of deviation from the resettlement program on the
construction program
3. Impact Indicators
Long term impacts Restoration of pre-displacement income levels
Level of security of tenure on remaining land
Internal monitoring comprises the items referenced in Table 11-1 above, and should be conducted by
AWWDA’s project implementing unit. The unit should be provided with enough capacity to handle the various
tasks, and with expertise in the resettlement area.

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12.2.1. Internal M & E Reporting

Reports on the findings of internal monitoring should be compiled according to the frequency indicated in
the Table 11-1 above. The reports will be submitted to the financier and should provide information on the
findings of the census survey including the number of PAPs, eligibility, assets inventory, and all the various
results of the census and socio-economic survey.

12.2.2. External M & E Reporting

The external monitor will compile reports of monitoring and evaluation every 6 months after the
implementation of the RAP begins. The report will be submitted to AWWDA and subsequently to the
potential donor. The reports should provide progress on RAP implementation and discuss problems
encountered during RAP implementation and how they might be resolved. Discussions with AWWDA and the
potential donor should follow and solutions sought.

12.3. Monitoring Indicators

12.3.1. Monitoring and Evaluation Indicators
The monitoring and evaluation of the Resettlement Action Plan (RAP) will be conducted using the indicators
outlined in Table 11.2

Table 12-2: Monitoring and Evaluation Indicators

12.3.2. Evaluation Tools

Stakeholder participation, particularly from affected persons and vulnerable groups, will be ensured
throughout the Monitoring and Evaluation (M&E) process. A collection of monitoring tools integrating both
quantitative and qualitative methods will be employed:
i. Focused Group Discussions (FGD): These will involve consulting a range of stakeholder groups,
including local government bodies, the Compensation Unit, NGOs, community leaders, and PAPs.
ii. Key Informant Interviews: Interviews with specialized persons who have knowledge or experience
regarding relocation activities and implementation, such as local leaders, will be conducted to gather
valuable insights.
iii. Stakeholder Meetings: Both open forums and one-on-one meetings will be organized to collect
information on the performance of various project activities. This format allows for detailed
discussions and feedback collection.

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iv. Structured Direct Observations: Field observations will be conducted to assess the status of RAP
report implementation. Additionally, individual or group interviews will be conducted for
crosschecking purposes, ensuring the accuracy of gathered information.
v. Informal Surveys/Interviews: Informal surveys will be carried out among PAPs, workers, project staff,
and personnel of the project. These surveys will employ non-sampled methods to gather insights
efficiently.

From the monitoring and evaluation process, the expert will compile status reports, that will include findings
and recommendations. These reports will then be forwarded to the appropriate authority, such as the
AWWDA, for further action and decision-making. This will ensure that the insights gathered through M&E
activities will aid informed decision-making and the continual improvement of project implementation.

In order to track progress, highlight bottlenecks, and redress the issues effectively and in a timely manner
and project milestones are met as per schedule, it is proposed that AWWDA will undertake Internal
Monitoring on a monthly and quarterly basis. The monitoring shall cover aspects such as the number of
households compensated appropriately and timely compensated, planned versus actual compensation and
reasons for the discrepancy, total funds disbursed for compensation, the assistance to vulnerable
groups/people, and complaints logged and resolved. Monitoring reports will be prepared on a monthly and
quarterly basis until payment of compensation is completed. At the end of the compensation, a resettlement
completion report will be prepared to explain the process, achievements and lessons learnt. Key parameters,
timelines and frequency of monitoring are summarized below.

In addition, AWWDA will engage an external audit firm annually to conduct annual RAP implementation audit.
Furthermore, an exercise would be carried out at the end of RAP implementation period to ascertain if,
indeed, the planned activities did enable achievement of the originally set objectives i.e., whether RAP
objectives were met living standards of PAPs were restored to pre-project status or enhanced. For this
purpose, AWWDA will contract an External agency to conduct an Implementation Completion Audit for the
RAP.

A provision of 15% of the total compensation costs has been allocated for monitoring and evaluation
exercises described above.

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13. CONCLUSION AND COMMITMENTS

13.1. Conclusion
This RAP has revealed that improvement of water and sanitation in Murang’a County will bring a number
of positive as well as detrimental impacts. The positive impacts of the project are related to improved
water aces and sanitation. On the contrary, execution of the proposed water and sanitation project is
expected to cause several adverse social impacts such as, loss of livelihood, However, these will be
mitigated by ensuring fair compensation to the affected. Furthermore, a well-organized monitoring
programme is recommended as an integral part of the RAP implementation in order to follow up the
proper implementation of the recommended social mitigation measures and their effectiveness as well
as to detect incidence of any unpredicted issues. A participatory approach to the RAP implementation is
also detailed in this RAP, including key roles by the County Government of Murang’a, AWWDA, AfDB and
PAPs, which will be very helpful in facilitating the planned activities as per the schedule.

13.2. Commitments
To ensure this RAP is fully implemented, AWWDA commits to the following:

i. AWWDA will facilitate all the affected persons according to provisions of this RAP in a timely
manner so that the time used in livelihood restoration is minimized. In addition, they will
ensure all grievances raised by the PAPs are timely resolved in a fair manner.

ii. AWWDA social safeguard/ implementation team will organize and carry out required
sensitization exercises aimed at enhancing women land rights, ensuring proper use of
compensation funds, avoidance of gender-based violence etc. as documented in this RAP.

iii. AWWDA will work with the relevant institutions towards timely implementation of this RAP.
Particularly, the County Government of Murang’a plays a key role in grievance redress,
additional assistance to PAPs thereafter maintaining the pipeline way leave.

iv. AWWDA will issue a three months’ notice to PAPs to enable them salvage their assets.

v. AWWDA will undertake Monitoring and Evaluation of this RAP during and after
implementation.

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ANNEXES

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Household survey questionnaire

RESETTLEMENT ACTION PLAN (RAP) Water Supply and Sanitation Improvement Works, Muranga
Cluster.

Survey questionnaire- asset sheet

Household No …………………………………………………. Date: ………………………………………………………………………….

A) Location
Village Location/ward Sub County /division County/district

B) Demographic Data

Name of the owner (HH ID Telephone Gender Age

Spouse Details/Next of Kin ID Telephone Gender Age

•
Family size Gender Male Female

Project component

C) Education level of the HH

No Answer

A None

B Primary

C Secondary
D Tertiary /university
E Others

D) Source of income

Income of household head (Monthly Income)

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S/N Monthly Income Tick where appropriate

A.
Less than 10,000

B.
10,001 – 15,000

C.
40,001- 50,000

D.
Above 50,000

E) Vulnerability

No Vulnerable Parameter Answer

A Is the HH headed by child under 18yrs?

B Is the HH headed by a disabled Person?

C Is the HH headed a chronic ill person?

D Is the HH headed by elderly over 65yrs ?
E Is the HH enrolled to government social program that supports the aged?

F Did the HH business / loss of income collapse in the recent month?

Yes (1) or No (2)

F) Affected Asset

No Asset Answer
A.
Land
B.
Business
C.
Structure
D.
Trees
E.
Crops
F.
Others (specify)

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Yes (1) or No (2)

G) Structure

Type of structure affected Nature of Material Size in GPS coordinates Photo Number.
meters
Wall Roof Floor
A1. Main house

A2. Kitchen

A3. Store

A4. Fixed Business shed

A5. Mobile business shed

A6. Goat shed

A7. Poultry house

A8. Latrine
A9. Bathroom

A10.Cow shed

A11. Fence
A11. Gate

A13.Others indicate

Codification Asset structure below

A2 A3 A4 A5 A6
Relationship to Type of wall Type of roof Floor Size in meters
Household head
1. Length
1.Head 1.Stone not plastered. 1.Iron Sheets 1.Plain
concrete 2. Width
2. Spouse 2.stone and plastered 2. Grass thatched.
2.Tiled 3. Radius
3.Son/Daughter 3.Bricks and plastered 3.Plastic paper
3.Mud

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4.Brother/Sister 4.Bricks not plastered 4.Other 4.Red oxide

5. Parent. 5. Iron sheets. 5.Other
6. other indicate 6.Wooden
7. Mud
8.Mud +plastered
9. Other

H) LOSS OF LIVELIHOOD

Average
S/ NO Type of Business Daily Affected ownership Owner of the business
Income
Ksh. Total/ Name (ID and Tel no
Type
Partial If not member of the household)

Codification Business type

 1- Grocery / shop  2- Beauty shop/ salon / barber  3- retail shop kiosk  4- cereals kiosk  5-
cloth stall  6- food kiosk / hotel  7- mpesa shed  8 shoe vendors stand  9- local chemist  10-
hardware shop  11- domestic bakery 12- Movie shop  13- Other (s) (please specify) .
Type of ownership:
 1- Head of household  2- Spouse  3- Other member of the household  4- Tenant 
5- Other (please specify)

I) CROPS GROWN

Type of Crop Number Age Name (ID and address if not

member of the household)

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See codes below

1. Spinach 2. Cow peas -Maize 4 Sweet potato 5- Sugarcane 6- Beans 7- Napier grass 8- onions 9- Cassava
10-cabbage 11- kales 12- Bananas 13- Irish potatoes 14-Pumpkins 15-Passion fruits 16. Carrots
17 Other (s) (please specify)

J) TREES GROWN

Type of Tree Age of Trees Name (ID and contact

if not member of the household)
Young Medium Mature

See codes below

1. Mango 2 Guava 3 Avocado 4 Eucalyptus 5 Cyprus 6 Thika palm tree 7 Pawpaw 8. Pine 9 Gravellier
10 Croton Tree 11. Ficus tree 12 Fig tree 13. Accacia 14 Other(s)

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(please specify) ,................................

K) Tenants

List the Names and Telephone Numbers of Residents Tenants in the Structure
TENANT’S INFORMATION ON THE STRUCTURE

Name of Tenant Gender Rent Amount/Month Telephone ID Number

L) Compensation

Which income restoration arrangement do you prefer?

Asset Cash In kind compensation Comments

Land

Business

House

Structure

Trees

Crops

Others (specify)

Land

Signature
Date……………………………

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Grievance Redress Register

Date Name of Complaint Brief Description Contact Complaint Response Status Remarks
Complainant of Grievance address resolution/action Date (cleared/
taken pending)

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Grievance Redress Form

Date: _______________________dd/mm/yyyy) _______________

Place of issuing complaint ____________
Complaint No.: ________________________
Mode of Receipt (please tick where applicable):

Writing Verbal Phone Fax Email

Details of the complainant:
Name(optional): ___________________Gender: _____________________
Address: ________________Email address: ____________________________
Phone no.: _____________________
Location of complaint/concern:
Village/Town/City/Area: __________________________________
Sub County: ______________________
Category of Complainant (please tick where applicable):
i. Project Beneficiaries
ii. Project Executers
iii. Project implementers
iv. Funding agencies
v. Other interested party (Please specify)
Category of Grievances (please tick where applicable):
i. Project implementation related
ii. Social
iii. Environment
Brief Description of the Grievance:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(Attach letter/petition/documents detailing grievance information as submitted)

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Attachments: (1) __________________ (2) __________________ (3) ______________

Received/prepared by: ……………………................... Date: …………………………. (dd/mm/yyyy)
Signature: ……………………………………

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