relocation action plan for improving the safety along kenya ......2005/10/29 · relocation action...

Government of Kenya Ministry of Transport and Communication Kenya Railways Corporation East African Trade and Transport Facilitation Project

Relocation Action Plan for Improving the Safety along Kenya Railway Line

Final Report

October 29, 2005

RP339v.1

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Table of Contents

1 EXECUTIVE SUMMARY 1

1.1 Introduction 1

1.2 Objectives 2 1.2.1 The Footpath 3 1.2.2 The Markets 3 1.2.3 The Housing Units 3

1.3 Summary of the Main Elements of the RAP 4

1.4 Overall Relocation Approach 5

1.5 Governing Principles for Relocation 5

1.6 The Evolving Requirement for Relocation 6

1.7 Compensatory Measures 7 1.7.1 The Entitlement Matrix: Categories of Eligible People, Types of Loss, and Compensation Measures 7

1.8 The Number of Affected People 10 1.8.1 Flexible Engineering Solution: The Footpath 12 1.8.2 The Markets 13 1.8.3 The Housing 13 1.8.4 Other engineering items 14 1.8.5 Advantages of the Proposed Measures 14

1.9 Legal Framework 15 1.9.1 Land Use 15

1.10 Grievance procedures 16 1.10.1 Community Consultation 16 1.10.2 Consultation with Affected People and Key Stakeholders 17

1.11 Implementation schedule 18

1.12 Budget 18

1.13 Monitoring and Evaluation 19

2 DESCRIPTION OF THE PROJECT 20

2.1 Concession of the Kenya Railways 20

2.2 Operational Safety Due Diligence Report 21

2.3 Relocation for Improving Safety 21

2.4 Flexible Engineering Solutions 21

2.5 Other Relocations 22

3 POTENTIAL IMPACTS 22

3.1 Introduction 22

3.2 The Zone of Potential Impact 23

3.3 Mechanisms for Consultation 23

3.4 Alternatives for Avoiding or Minimizing Relocation 24

4 SOCIO ECONOMIC STUDIES 24

4.1 Background 24

4.2 Enumeration Approach 25 4.2.1 Awareness Creation 25 4.2.2 Enumeration Teams 26 4.2.3 Enumeration – Methodology 27

4.2.3.1 Methodological Tools 27 4.2.3.2 Data Collection 27 4.2.3.3 Estimated Accuracy of the Enumeration 28 4.2.3.4 Main Reasons Identified for the Inaccuracies 29 4.2.3.5 Verification 29

4.3 Results of the Socio-Economic Studies and Enumeration Exercises 30 4.3.1 Characteristics of Project Zone Occupants 30 4.3.2 Current Occupants of the Affected Areas 30

4.4 Project Affected People: Displacements from the Rail Line in Kibera 31

4.5 Magnitude of the Expected Loss of Physical Assets 33

5 LEGAL FRAMEWORK 35

5.1 Major Identified Regulatory Bodies – Relocation 35 5.1.1 Ministry of Lands and Housing (MOLAH) 35 5.1.2 Ministry of Local Government/Nairobi City Council 37 5.1.3 Ministry of Transport and Communication 37 5.1.4 National Environmental Management Authority 37

5.2 Legal Provisions for Land and Land Acquisition in Kenya 37 5.2.1 Description 39 5.2.2 Forms of Land Tenure 42

5.3 Legal Provisions on Notice for Residences and Businesses 43

5.4 Notices for Employees 44

5.5 Right of Temporary Occupation of KR Land 45 5.5.1 Legal Background 45 5.5.2 The Markets 45 5.5.3 Construction and Tenure of Housing Units 46 5.5.4 Allocation of Market Stalls 46

6 ORGANIZATIONAL FRAMEWORK 49

6.1 Introduction 49 6.1.1 NGOs 49

6.2 Key Kenyan Ministries and Agencies 49 6.2.1 Ministry of Finance 50 6.2.2 Ministry of Land and Housing (MOLAH) 50 6.2.3 Ministry of Local Government/Nairobi City Council 50 6.2.4 Ministry of Transport and Communication 50 6.2.5 The Kenya Slums Upgrading Program (KENSUP) 51

6.3 Provincial Authorities Involved in Implementation 51

6.4 Proposed Organizational Framework 51

6.5 Proposed Technical Consultants 52

6.6 Criteria for Eligibility 53

6.7 Means of Verification 53

6.8 Eligible PAPs 53

7 ELIGIBILITY FOR COMPENSATION 53

7.1 Criteria for Eligibility 54

7.2 Means of Verification 54

7.3 Eligible PAPs 54

8 VALUATION AND COMPENSATION FOR LOSSES 55

8.1 Classification of PAPs 55

8.2 Governing Principles for Relocation 56

8.3 Type and Level of Compensatory Measures 57

Figure 8.2 Type of loss and compensatory measures for different categories of PAPs 57

9 RELOCATION MEASURES 59

9.1 Guiding Principles 59

9.2 Relocation of Mobile Vendors and Traders 61 9.2.1 Mukuru 61 9.2.2 Kibera 61

9.3 Relocation of residents 61

10 FLEXIBLE ENGINEERING SOLUTIONS 67

10.1 Engineering Solution –Sustained Improvement of Railroad Safety 67 10.1.1 Guiding Principles 67 10.1.2 Detailed Description of the Flexible Engineering Solutions 67 10.1.3 Implementation 73 10.1.4 Construction Period 75 10.1.5 Sustainability Aspects 75

10.2 Proposed Flexible Engineering Solutions – Footpath in Kibera 77

10.3 Proposed Flexible Engineering Solutions - Mukuru 84

10.4 Summary engineering description 86

10.5 Bill of Quantities and Costs 93

10.6 Engineering Solution –Relocation on New Market Sites. 96

10.7 Relocation of Traders to Market Structures 97 10.7.1 Detailed Description of the Market 97

11 CONSULTATION AND PARTICIPATION 100

11.1 Consultation 101

11.2 Agencies and Organizations Implementing the RAP 101

11.3 Consultation with Affected PAPs 102

11.4 Consultation with Agencies and Organizations Directly Relevant for Implementation 103

11.5 Consultation with Local Authorities 103

11.6 Other Stakeholders at the Community Level 104

11.7 The General Public 105

11.8 Means of Communication 105

12 GRIEVANCE PROCEDURES 106

12.1 Resolving Disputes at the Community Level 106

12.2 Referring Cases that can not be Resolved at the Community Level 107

13 IMPLEMENTATION SCHEDULE 109

13.1 Implementation 109

13.2 Preparatory RAP activities - months 1-6 109

13.3 RAP Implementation - Months 7-36 109

13.4 Implementation Arrangements 112

14 BUDGET 113

14.1 Cost Estimate for RAP 114

14.2 Financing 115

15 MONITORING AND EVALUATION 116

15.1 Monitoring 116

15.2 Elements of a Monitoring Plan 116

15.3 Performance Monitoring 117

15.4 Impact Monitoring 117

15.5 Evaluation 117

15.6 E.1 Crop land 138

List of Annexes Annex A: Enumeration Process, Kibera and Mukuru A.1 Enumeration Form A.2 Sample of an Identity Card for the PAPs A.3 Project Affected Areas - Administrative Framework and Enumeration

Segments: Kibera A.4 Project Affected Areas - Administrative Framework and Enumeration Segments: Mukuru A.5 Updated Maps (*1) Annex B: Relocation - Governing Principles Complying with Kenyan and WB/IFC Operational Policies and Guidelines B.1 Matrix of Relocation Impacts B.2 Compensation Entitlement Matrix B.3 Consultation Log B.4 Microfinance Institutions Annex C: Flexible Engineering Solutions - Kibera and Mukuru C.1 Cross Sections (annex C1-01 to C1-10) C.2 Engineering Solution (annex C2-01, Mukuru and C2-02, Kibera) C.3 Impact Table (annex C3-1, Kibera and annex C3-2, Mukuru) Annex D: Time and Budget - Relocation Action Plan D.1 Timetable for RAP Implementation D.2 Budget for Implementation of the Relocation Action Plan

Acronyms and abbreviations

ADRC Alternative Dispute Resolution Centre CBO Community Based Organization DO Divisional Officer GOK The Government of Kenya HH Household HRD Human Resource Development IDA International Development Association IEC Information Education Communication IFC International Finance Corporation, a member of the World

Bank Group ITDG Intermediate Technology Development Group KENSUP Kenya Slum Upgrading Program KES Kenyan Shillings KR Kenya Railway KRAA Kenya Railways Assets Authority KRC Kenya Railways Corporation MOLAH Ministry of Lands and Housing MOLG Ministry of Local Government MOTC Ministry of Transport and Communication Muungano wa Wanavijiji

The Kenyan Slum Dwellers Federation

NCC Nairobi City Council NGO Non-Governmental Organization OD Operational Directive OP Operational Policy PAP Project Affected Person PC Provincial Commissioner; the Office of the Provincial

Commissioner PRG Partial Risk Guarantee RAP Relocation Action Plan ROW Right of Way TOR Terms of Reference UN-HABITAT United Nations Human Settlements Programme WB World Bank WBG World Bank Group

Glossary of terms1

Compensation Payment in cash or in kind for an asset or a resource that is acquired or affected by a project at the time the asset needs to be replaced.

Cut-off date The date the enumeration begins. Persons entering to occupy the project area after the cut-off date are not eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, and trees) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated

Displaced person Persons who are affected by the involuntary taking or clearing of land or resulting in

(i) relocation or loss of shelter; (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location

Host population People living in or around areas to which people physically displaced by a project will be resettled who, in turn, may be affected by the resettlement.

Economic displacement

Loss of income streams or means of livelihood, resulting from land acquisition or obstructed access to resources (land, water or forest) resulting from the construction or operation of a project or its associated facilities.

Involuntary resettlement

Resettlement is involuntary when it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement.

Linear Resettlement

Linear resettlement is usually involved in projects producing linear patterns of land acquisition (highways, railways, canals, power transmission lines, etc.).

Minor impacts Impacts are considered "minor" if the affected people are not physically displaced and less then 10% of their productive assets are lost.

Project-affected household

All members of a household, whether related or not, operating as a single economic unit, who are affected by a project.

Project affected person (PAP)

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

1 Quoted from one of the following documents: World Bank OP 4.12; OP 4.12 Annex A; BP 4.12; The World Bank Involuntary Resettlement Sourcebook; the IFC Handbook for Preparing a Resettlement Action Plan.

perennial crops and trees, or any other fixed or movable asset, either in full or in part, permanently or temporarily.

Physical displacement Loss of shelter and assets resulting from the acquisition of land associated wit a project that requires the affected person(s) to move to another location.

Replacement cost The rate of compensation for lost assets must be calculated at full replacement cost, that is, the market value of the assets plus transaction cost. With regards to land and structures, the WBG defines “replacement costs” as follows:

• Agricultural land - the market value of land or equal productive use or potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land, plus the cost of any registration and transfer taxes.

• Land in urban areas - the market value of land of equal size and use, with similar or improved public infrastructure facilities and services preferably located in the vicinity of the affected land, plus the cost of any registration and transfer taxes.

• Household and public structures – the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labour and contractor’s fees and 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 fro the project deducted from the valuation of an affected asset.

Relocation Action Plan (RAP)

The document in which a project sponsor or other responsible entity specifies the procedures that it will follow 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.

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 workdays.

Stakeholders Any and all individuals, groups, organizations and institutions interested in and potentially affected by a project or having the ability to influence a project.

Vulnerable groups People who by virtue or gender, ethnicity, age, physical or l disabili i di d i l

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.

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Executive Summary

Introduction

The Kenya Railways (KR) and the Uganda Railways (UR) are being concessioned to a private company to operate freight, and in Kenya, passenger, service along existing lines as well.

Operating the rail lines requires standards of safety that include, among other things, adequate separation between trains and adjacent properties, people, and structures. In the concessions to be made, only rights in the safety zone will be transferred to the control of the concessionaire, while ownership of the zone, and the remainder of the estate, will remain with the residual railways corporations.

Improving safety on the lines by modifying existing vending and residential occupation requires application of both national policies and strategies, and the relevant policies of the World Bank Group (WBG). For the concessioning, the relevant policy is OP 4.12, on Involuntary Resettlement. OP 4.12 is applicable whenever property must be acquired, or the use of property modified (whether the current use is sanctioned by law or not), for a project with results that include loss of income, residence, or access to resources, whether permanent or temporary.

In Kenya the railway reserve has been encroached by large numbers of people who reside and/or carry out business within the railway reserve, especially in the outskirts of Nairobi. As many as 50,000 people or more live or work within the reserve, and many thousands of people use the tracks themselves as a walking route to and from these settlements. They are parts of huge slum communities that have crowded into small areas of public or empty land. In Nairobi, two such areas, at Kibera and at Mukuru Kwa Njenga/Embakasi, have been identified as “hot spots,” where the sheer crowding up to and on the rails produces unsafe conditions along the interface between trains and people. Trains operate through these areas according to rules that require “crawling” speed, the use of whistles and the ability to stop within a few meters of sighting obstructions. People manage by stepping away from trains as they pass, at times standing inches away from the train and immediately re-occupying the rails once they pass. There have been no injuries or deaths recorded over the past few years but danger is imminent in these areas every time a train passes.

This plan proposes the relocation of affected Project Affected Persons (PAPS) from the 5.2 metre corridor on either side of the Kenya Railway Reserve with the objective of establishing an extended, but minimal safety corridor for the railway traffic as well as for the people in the immediate vicinity of the rail line. It calls for the construction of a 3m paved footpath running parallel to the track for use by pedestrian traffic. It also addresses the relocation of residential and business PAPs along the Railway Line in Kibera and Mukuru Kwa Njenga/Embakasi. All the elements of the relocation plan have been agreed upon following discussions between the WBG and Government of Kenya (GOK).

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Objectives

The main objective of the relocation action plan is to establish an extended, but minimal, safety corridor for the railway traffic as well as for the people in the immediate vicinity of the railway line (5.2m each side from the centre line) and not to initiate some larger process of urban renewal in the Mukuru and Kibera area. It plans for the construction of a 3m paved footpath running parallel to the track and between 20-30 meters away from it. It provides for relocation of all PAPS- those residents whose houses will be removed and those traders whose businesses will be moved. To accommodate the traders, the RAP proposes the development of three permanent markets and five smaller market sites while residential PAPS will be relocated to housing units developed on a railway bypass reserve close to Kibera.

The plan proposes the reorganization of the railway reserve to ensure that upon implementation of the RAP there will be:

i) A corridor for the trains to pass with substantially reduced pedestrian traffic and increased compliance with speed, warning and signalling regulations.

ii) A paved 3 meter wide, well-drained pedestrian pathway, designed largely on the southern side of the track and running the full way through Kibera and Mukuru. The footpath shall accommodate current pedestrian traffic on one or both sides of the tracks (depending on local needs and conditions) and is designed, as far as possible, to provide an uninhibited and direct routing. Its design is intended to induce pedestrians to use it under all weather and density conditions, and has followed the path of least resistance by linking existing pathways and therefore clearing the least number of houses and other structures.

iii) Separation from the rails which shall be achieved by designing a variety of fences, railings, walls, beams, rises or cuts in slopes, lines of shops or tables, overpasses, and other passive measures or active construction to provide the desired effect.

iv) Provision for all current vendors’ tables and stalls, within their own present villages and if required to move, then in so far as possible within 500 meters of their present locations, and with at least the same access to the pedestrian walkway (whether directly abutting the walkway or a row or two behind those directly on the “front.”)

v) Provision of housing to accommodate all those residents in Kibera who are removed to make room for the markets and the footpath. The housing shall be temporary but shall be of a quality that ensures an acceptable standard of living. It shall be provided with adequate infrastructure and services such as water sanitation, drainage and electricity. Security of tenure of at least fifteen years shall be availed to the PAPs until alternative housing under KENSUP is made available. The terms and conditions of access to the housing shall be negotiated with affected persons through a process of public consultation.

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The Footpath To ensure that pedestrians no longer use the railway line as a walkway, this RAP plans for the construction of a 3m paved footpath running parallel to the track and as far as possible outside the safety zone between 20-30 meters away from the centre line of the track. The design of the footpath is intended to induce pedestrians to use it under all weather and density conditions. It has followed the “path of least resistance” by linking existing pathways and therefore clearing the least number of existing houses and other structures. It has been so designed as to cater for extra loading for carts and wheelbarrows commonly used for transporting goods in the Kibera and Mukuru area. The width of the footpath will range between 2m-3m with an inclination of 1:40. The foot path is essentially located to the south of the track. In cases where this RAP proposes a double sided footpath, care has been taken to ensure that on the second side no housing is displaced and no new footpath is constructed. It is limited to improvement of existing path, by improving the drainage and filling to obtain levels. .

The Markets In Kibera, to accommodate the many hundreds of traders to be removed from the safety zone and the area to be occupied by the footpath, it is proposed to create three permanent markets within the railway reserve. The three markets will be developed incrementally. Each market will comprise stalls, a circulation area, and sanitary facilities. The first market to be developed as proposed in the implementation schedule measures 8936sqm and is able to accommodate 518 traders. It will be located between Km 536.800 and 535.950 at Laini Saba. The second will be located at Mashimoni between Km 536.950 and 537.250. Its area will also be 8936sqm and it will accommodate 518 traders. The third will be developed at Gatwikira, between Km 537.710 and 537.910. It will comprise 6702sqm and accommodate 386 traders. In addition, five small marketing sites have been identified which can accommodate some 260 traders. These five sites, which will not be constructed markets, along with the three permanent markets, will accommodate all the traders relocated from the safety zone, market construction sites and footpath in Kibera. In Mukuru, market sites (without constructed buildings) have been identified to accommodate all traders removed from the safety zone and the footpath. These include 114 mobile vendors and 706 businesses. These sites are located in Sinai village (2060m2) and Lunga Lunga (7620m2). These market sites are within the KR reserve but outside the safety zone.

The Housing Units The construction of the footpath and the development of the permanent markets in Kibera will necessitate the removal of residents from the sites identified for these purposes. Consequently, it is proposed that housing be developed on vacant government land up to

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now reserved as a railway bypass to house the affected residential households and some traders. The housing component will comprise 875 units. 800 of these units will be two roomed residential units and 75 will be two roomed shopping stalls. The railway bypass is sandwiched between the proposed Southern By-pass and Moi Otiende Estate. It is bordered by Southlands Estate on the east and by Jamhuri Show Grounds on the west. KR has confirmed that the railway by-pass land is available for construction of the housing units. KR has also confirmed that it will grant leasehold tenure of at least 15 years to the PAPS at nominal rents to cover maintenance of the housing units until such time as the PAPs will have been allocated permanent housing. An alternative option is for KR to lease the housing units for a term of 15 years at a “peppercorn” (nominal) rent, with a residents’ association be formed to collect service charge for the maintenance of the units. KR has also confirmed that construction of the housing units will commence and proceed in accordance with the implementation schedule and that the units will be ready for occupation by the PAPS prior to their removal from their present locations. Those who reside in the 10.4 metre safety zone for the track will be moved before the railway speeds up its trains or adds new trains to the daily schedules.

Summary of the Main Elements of the RAP

The following is a brief summary of the main elements of this RAP: • The engineering solution requires that the 3m footpath shall as far as possible be

between 20-30metres on the KR reserve. • The RAP requires the development of three permanent markets within Kibera on the

KR reserve. The enumeration carried out in August 2005 indicated that there were 2427 PAPs on the entire 60m railway reserve within Kibera. Of these, 1331 are businesses, 151 are residential cum businesses, 583 are residential, 22 are institutions and 340 are mobile vendors.

• The residential PAPs will be relocated in housing units to be developed by KR on a railway bypass reserve on the periphery of Kibera. KR has confirmed the availability of the land for this purpose and has also confirmed that they will grant the PAPs relocated to the housing units leasehold tenure of at least fifteen years until they have been relocated to suitable alternative accommodation under the KENSUP or some other programme.

• Traders in Kibera will be relocated either within empty sites on the KR reserve, in stalls within the three permanent markets to be developed within the KR reserve the five market sites, or in the shops developed within the KR bypass relocation site.

• The traders in Mukuru will be relocated within two empty market sites within the KR reserve.

Proposals are therefore made in Chapter 5 (Legal Framework) for granting of leases at nominal rents to both residential and business PAPs in the housing units, KR land and markets respectively.

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Overall Relocation Approach

To improve sustainability of the scheduled relocation from the safety zone, a number of flexible engineering solutions have been explored, elaborated and preliminary designs prepared. The total length of the 10.4m width enumeration corridor (5.2m safety zone on each side of the track centre line) and the 3m footpath from which human activities are to be relocated is 11,500m of which 6,900m is in Mukuru and 4,600m in Kibera. The corridor extends from 534.6km to 538.8km in Kibera and from 520.0km to 523.4km in Mukuru. Findings from the relocation planning exercise indicate that all mobile vendors and some businesses can be relocated within a reasonable distance (within their segment) of their current site and (for traders) on economically equivalent spots. Under this RAP, no additional land outside the railway reserve is required for the relocation of vendors and traders, but additional land outside the reserve will be required to provide housing for the residential PAPs removed from the location of the footpath and the market sites. An additional 150 shops and workshops (75 two roomed stalls) have been provided in the housing relocation site.

The implementation of the RAP is scheduled for 36 months including a month 1-6 preparatory phase. The overall budget for a full RAP is approximately 950 million KES. All data generated from the enumeration process is stored in a database that serves as a baseline for the Matrix of Relocation Impacts, the Compensation Entitlement Matrix and the Itemized Cost Estimate. The following alternatives have been explored to avoid or to minimize relocation: • Utilization of available space behind the current location. The availability of such

niches has been investigated during the planning process, but such space cannot accommodate more than a few of the traders;

• In some areas, the manner of display can be re-arranged to accommodate more traders. The option to develop markets within the KR Reserve, near to the existing trading locations, has also been explored and incorporated into the proposed solutions;

• The proposed foot path is dimensioned to accommodate the assessed needs on the actual location and level crossings and footbridges established to further facilitate the transverse traffic; and

• Only enumerated persons who are affected either by the safety zone, the markets and/or the flexible engineering solution are counted as PAPs.

Governing Principles for Relocation

The following governing principles were established for relocation for the actual project after discussion in detail with KR, the Ministry of Lands and Housing (MOLAH) and the Kenya Slum Upgrading Programme (KENSUP).

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• Consistent and continued consultation and information at the community level throughout the relocation planning, preparations and implementation to facilitate participation, common understanding on relevant issues and to improve sustainability;

• All occupants are eligible for compensatory measures (World Bank OP 4.12 § 15c §16);

• KR will provide security of tenure for the residential PAPS who will be accommodated in the housing units developed on the railway bypass to make room for the development of markets;

• The housing units with all necessary facilities to be developed by KR need to be in place before moving PAPs to facilitate quick and smooth relocation, with no temporary relocation or transit camp;

• Allocation of stalls within the three markets to be developed in Kibera will be done on the basis of criteria to be developed in conjunction with the PAPs;

• An affordable and accessible mechanism for the resolution of grievances will be established. This mechanism will take into account both community and traditional dispute settlement mechanisms, as well as the availability of judicial recourse. It will be reconciled with the GOK mechanism if such mechanism will be in place by the time the implementation starts;

• There will be no direct cash compensation. Compensation will be in kind or in the form of services;

• PAPs and absentee structure owners, who were absent during the enumerations are not entitled to compensation. Exceptions will be made for people who can show fully that they were absent from the enumeration for compelling reason; and

• Consultations with relevant stakeholders including KENSUP, will be ensured.

The Evolving Requirement for Relocation

It was necessary to establish how many people might have to be relocated in order to establish a corridor of safety for the newly-concessioned railroad. The types of occupants and their activities or uses of the corridor had to be researched if detailed advanced planning was to be done for upgrading rail safety. The beneficiaries of such planning were to be both the railway itself and those who use the corridor now for a variety of non-railway activities. During the preparation of this RAP, as research and consultation were carried out and ideas evolved, two enumeration exercises were carried out, as part of the process of putting together this RAP. The first was in January 2005 and was carried out in both Kibera and Mukuru. By June 2005 it was agreed that the concept of a footpath immediately along the rail safety corridor was not sufficient to accommodate all the traders and residents who would be displaced along the track in Kibera. Hundreds of traders who might have been provided no relocation site at all would have to be relocated in market buildings to be built within Kibera just outside the rail safety corridor. In turn the space for such markets could only be available if several hundred residents were dislodged from their dwellings. Further, the footpath would need to be situated away from the track over most of its distance, and could be set into the

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existing maze of dwellings and footpaths in the two zones by connecting existing paths to one another and upgrading them into an all-weather path. Establishing a continuous footpath avoiding some of the major costs of the originally-conceived path adjoining the track would require the removal of more houses, workshops and trading stalls. In August 2005 a new round of enumeration therefore took place in Kibera that included all occupants (except those enumerated in January) of the full 30 metre-per-side rail reserve historically belonging to Kenya Railways Corporation.

Compensatory Measures

Project-affected people will lose either shelter or businesses, or both, are eligible for compensation. In Kibera and Mukuru, generally, and especially in the rail reserve corridor running through these two project zones, few occupants have legal tenure or the proofs needed to establish eligibility for compensation under Kenya’s public land acquisition laws. In accordance with World Bank OP 4.12, the absence of legal title to land or other assets is not, in itself, a bar to compensation for lost assets, or to relocation assistance. Criteria determining eligibility are: • Having a residence or business within project affected area. Because the areas to be

affected were established at various points during RAP preparation, two cut-off dates were established to ensure that no opportunistic arrivals in the project zones after such dates are eligible for the measures to be taken. In Kibera and Mukuru occupants within the ten metres from the centreline of the track must have been there for the enumeration that started on January 8, 2005, while for people who will be affected but are in areas from 10 to 30 metres away from the track on either side, the cut-off date is August 12, 2005. Registration during enumeration was supported by photographic and video evidence, so, other than for highly unusual cases, no one not verifiably registered will be eligible.

• Requiring relocation away from their current location according to the needs of the project.

There is currently no law in Kenya that would provide a basis for calculation of compensatory measures for losses due to involuntary resettlement. The Consultants therefore followed the World Bank OP 4.12. The compensatory measures reflect Kenyan standards of living, and will enable the affected persons to maintain or improve their standard of living.

The Entitlement Matrix: Categories of Eligible People, Types of Loss, and Compensation Measures

The enumerations found that there was considerable variety in the types of people who will be affected by the establishment of the safety corridor, and that their losses will be of a great number of discrete types. Compensatory measures to enable them to recover from their displacement will be variegated as well. Figure 1.1, the entitlement matrix,

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shows the full range of affected people, types of loss they will suffer, and the compensatory measures that will be applied in order to meet international standards for resettlement.

Figure 1.1 Type of loss and compensatory measures for different categories of PAPs

Affected category Type of loss Compensatory measures

Mobile vendors Loss of trading location/space with subsequent loss of income from trading

1. Provision of financially “equivalent” unchallenged spots within their present locations (empty spaces) or as near as possible to their current locations.

2. Relocation to market sites offering equivalent or higher income opportunities within KR reserve and in direct proximity to clientele (financially equivalent locations)

3. Relocation to permanent markets developed within the KR reserve.

4. Relocation to business units within the railway bypass relocation site

Business owners

(owner operated)

Loss of trading location with subsequent loss of income from trading.

Lack of structure to house the business.

1. Provision of financially “equivalent” unchallenged spots within their present locations (empty spaces) or as near as possible to their current positions.



4. Relocation to business units within the railway bypass relocation site.

5. Assistance with moving for those who are disadvantaged (single women with children, the handicapped etc)

Tenants of businesses (tenant operated businesses)


Loss of shelter for business





5. Assistance with moving for those who are disadvantaged (single women with children,

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the handicapped etc)

Employees in businesses

Possible loss of job (can only be established during relocation).

Only for those who will not continue employment in relocated businesses. 1. Legal counselling on their rights for

compensation from employers (by TA legal adviser):

2. Skills training: 3. Information on optional employment

opportunities (Implementer): and 4. Linking with small scale credit providers to

finance start up business

Structure owners who occupy their structures

Loss of shelter 1. Replacement shelter with the same or better amenities in unchallenged spots within the railway bypass relocation site.

2. Access to social infrastructure and services (schools, means of public transport etc.) of at least the same level as in their current locations.

3. Assistance with moving for those who are disadvantaged, with special attention to the needs of vulnerable groups (such as single female headed households with small children, the sick and the handicapped)

Tenants in residential structures

Loss of shelter 1. Replacement shelter with the same or better amenities in unchallenged spots within the railway bypass relocation site.

2. Access to social infrastructure and services (schools, means of public transport etc.) of at least the same level as in their current locations.

3. Assistance with relocation for those who are disadvantaged with special attention to the needs of vulnerable groups (such as single female headed households with small children, the sick and the handicapped)

Residences cum businesses: Structure owners (who live and trade in their own structures)



1. Replacement shelter with the same or better amenities in unchallenged spots within the railway bypass relocation site.

2. Access to social infrastructure and services (schools, means of public transport etc.) of at least the same level as in their current locations



5. Relocation to permanent markets developed within the KR reserve

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Tenants of residences cum businesses

Loss of shelter, loss of trading location with subsequent loss of income from trading

1. Replacement shelter with the same or better amenities in unchallenged spots within the railway bypass relocation site

2. Access to social infrastructure and services (schools, means of public transport etc.) of at least the same level as in their current locations


4. Relocation to market sites offering equivalent or higher income opportunities within KR reserve and in direct proximity to clientele (financially equivalent locations

5. Relocation to permanent markets developed within the KR reserve

6. Relocation in business units within the railway bypass relocation site


Institutions Loss of location and structure for the institution. Loss of service for the community

Loss of strip of land

1. Moving movable structures to a nearby location within the KR reserve.

2. Use of public facilities within the markets developed on the KR reserve

Replacement of fences and to the degree possible lost strip of the land for the institution to remain functional.

Infrastructure and other assets

Loss of service to the community Replacement to the estimated cost

The Number of Affected People

As indicated above, working out acceptable solutions for increasing rail safety required simultaneously enumerating people and activities in the rail reserve crossing through the two “hot spot” zones, and fixing the locations at which people and activities could be accommodated with least loss to livelihoods and living standards. The next sections give summary descriptions of the solutions found. Establishing the safety corridor will require the removal of houses and enterprises. A new footpath will be constructed by connecting and improving existing paths, but some structures currently containing houses and enterprises will be removed to connect and smoothen the footpath routing. A parcel of land near to but off the rail reserve will be used for rehousing people who must move from their present dwellings, at physical living standards higher than present housing in Mukuru

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or Kibera. Affected traders will be able to continue serving the dense population of their clients from new locations in Kibera and Mukuru, adjacent to the new footpath, some at new tables at “spots” near their old ones, but many of them at one of the three new market structures to be built in Kibera under this program. The new markets will require additional households to be displaced to the new housing area. Tables 1.1 and 1.2 show the total number of households and enterprises to be removed from the various “villages” that make up the affected parts of Kibera and Mukuru, and the types of activities to be displaced and relocated.

Table 1.1 Displacement from Kibera

The number of people that will be displaced from three RAP actions: 1. Clearance of the 5.2 metre safety zone. 2. Construction of markets. 3. Construction of a foot path parallel to the rail line. The sub-tables below show the number of persons affected by these actions.

Table 1.1.1 Displacement from the 10.4 metre safety zone by type of PAP

Unspecified PAP type Business Institution

Mobile vendor

Residential cum Business Residential Total

PAPS within 5.2 m of track centre line 33 787 3 251 54 29 1157

Table 1.1.2 Displacement from clearance for construction of markets by type of PAP

Business Institution Mobile vendor


Market 1 41 8 0 22 137 208 Market 2 47 7 12 2 29 97 Market 3 43 9 20 9 48 129 Total 131 24 32 33 214 434

Table 1.1.3 Displacement from clearance for construction of footpath by type of PAP



Soweto 84 0 0 24 182 290 Laini saba 130 0 0 32 136 298 Kisumu Ndogo 54 0 0 1 2 57 Kambi Muru 24 0 0 0 0 24 Gatwekera 96 0 0 2 1 99 Mashimoni 8 0 0 2 6 16 Makina 4 0 0 1 5 10 Kyanda 10 0 0 1 6 17 Soweto West 3 1 2 6Total 413 0 0 64 340 817

Table 1.1.4 Consolidated project affected persons by type of PAP


Residential cum Business Residential

Not specified Total

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Safety Zone 787 3 251 54 29 33 1157 Market sites 131 24 32 33 214 434

Footpaths 413 0 0 64 340 817 Total 1331 27 283 151 583 33 2408

Table 1.2 Displacement from Mukuru Displacement from the 10.4 metre safety zone by type of PAP

Note: These figures come from the January 2005 enumeration, and apply to the 10 meters per side enumeration carried out at that time. Final figures for the 5.2 metre per side alternative actually retained are still to be calculated

Flexible Engineering Solution: The Footpath The guiding principles for the engineering solution have been to create a continuous pedestrian corridor, parallel to the railway, which can attract people away from the railway and the railway safety zone (5.2m on each side of the railway centre line). In order to do so, the proposed layout represents a safe, dry and even walkway with a clear marking on the railway safety zone. The footpath generally follows a route of least resistance. It consists of two main components, the verge and the carriage way. The verge is a channel drain of pre-cast concrete elements of overall size 300 x 450mm and channel 125 x 250mm drain laid to fall. The verge limits the extent of the footpath on the lowest side. The purpose of the channel is to drain storm water away from the footpath, essentially keeping the footpath dry throughout the seasons. The specified drain is shallow and cannot inhibit crossing by cars. The footpath carriage way consists of a 15mm asphalt surface to act as a smooth finish, laid on 250mm murram fill, 250mm compacted quarry chips and natural fill to obtain levels. The composite construction is elaborate, but essential to manage the existing surface which is uneven and in some places filled with various materials. It is important to obtain a uniform and stable base as a foundation for the footpath. The footpath remains the only viable accessible network throughout Kibera. It is intended to cater for extra loading for carts and wheel barrows commonly used for transporting goods within the informal settlements. The design of the composite footpath described above will be applied for the construction of new footpaths as well as for improvement of existing footpaths. The width varies from two meters minimum to three meters maximum with an inclination of 1:40.



PAPS within 5.2 m of track centre line 706 2 114 15 113 950

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The Markets The flexible engineering solution also includes the creation of three markets within the railway reserve in Kibera. The market design consists of two main levels, the ground and an upper floor. The ground floor is made of a 100mm thick tamped reinforced concrete laid on 1000 gauge damp proof membrane laid on compacted hardcore and laid to fall. On the ground floor slab are four components. Component one comprises of a stall space 4mx2m. Each trader occupies this 8.0sq.m stall. Component two is made of service area, providing toilets and showers for the traders. Component three consists of a 4m wide internal walk. Component four is an internal staircase. The design provides two such staircases. The upper level is made of 150mm thick suspended concrete slab supported on RC columns and beams. On the upper level slab is laid stalls and 4m wide circulation spaces. To enhance interactivity, connectivity and maintain marketability of this level, a cantilevered slab is provided and connects with a footbridge to be constructed across the track. People crossing the track at the market points must climb stairs to the bridge decking that connects to the market’s upper level. This design ensures that pedestrians crossing will access the upper level, maintaining the marketability of stalls on the upper level that might, if there were no need to be at that level otherwise, remain less sought-after than those on the ground floor.

The Housing Together, the cleared safety corridor, the new footpath, and the space cleared to construct the three markets will displace nearly 800 households. In order to relocate them, a site has been selected and approved for the construction of 800 two-roomed houses and 75 double-roomed shops. The site is on land formerly reserved as a possible railroad by-pass, now abutting the Southern (road) By-Pass under construction for the city, and near one end of Kibera. An access road from the By-Pass will lead into the new settlement and will form the frontage for the shops. Lower level roads will allow vehicle circulation, leading to footpaths to housing clusters.

A primary school is proposed at the eastern end of the settlement and next to an existing play field which will be retained and upgraded to serve both the school and the settlement community at large.

The basic housing unit comprises of two room spaces with a total area of 25m2. Two such houses share a single structure with a common wall. Each house is comprised of a lounge and a bedroom with centrally positioned utility spaces in the form of a toilet cum shower and a cooking space. The availability of private water taps, windows for ventilation, an indoor toilet, and security features, as well as the division of the site into housing clusters off cluster-oriented paths all make this housing much higher quality than the housing that is left behind in Kibera to be demolished for the new construction activities. Each house will cost approximately USD 3000 at 2005 prices.

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Other engineering items Together with four basic requirements, factors such as impact on existing structures (residential and traders), footpath width, accessibility to service and transport network, railway safety zone, pedestrian traffic flow and horizontal and vertical clearance have been considered in detail and integrated into a preliminary design. Concurrence has been reached with the MOLAH (KENSUP) [which had earlier developed a master plan for Kibera] on the locations of the three markets. The engineering solution also includes preparation of alternative trading spaces by filling, to even out, and sometimes draining these spaces. If possible, these trading spaces are placed as close to the initial spot of trading and fronting the new footpath. In implementing the suggested solution, a detailed design phase is envisaged covering issues such as land surveying and establishment of systematic cross sections and longitudinal profiles, analysis of stability and a set of various pre-construction planning. In addition, a set of actions are proposed to improve and maintain the sustainability of the solution. These include: � improvement of the railway ballast section in cuttings, to reduce attractiveness as a

walkway; � equipping all railway staff working in the railway safety zone with safety vests, to mark

the special conditions of this zone; � patrolling of track by the concessionaire, to enforce its exclusivity; � regular maintenance of the footpath system, to maintain its attractiveness; and � monitoring of track alignment, to ensure that no negative effects are put onto the

railway from the solution. The cost of the investment in the engineering solution has been calculated with unit prices from discussions with local contractors, KR and other engineers. The total costs for the flexible engineering solution related to establishing a safe railroad (based on an asphalt solution) is approximately 161,320,744 KES, not including the housing. The estimated implementation period including further detailed engineering design is approximately 36 months.

Advantages of the Proposed Measures The measures proposed above have the following advantages:

� They address the problem of adequate separation between people and trains, especially as traffic increases over the first few years of the concession period.

� They address the question of relocating the traders who cannot be relocated within the railway reserve outside the safety zone by providing additional market stalls within the KR reserve.

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� The challenge of residential displacements is taken care of by the provision of a relocation site within the railway bypass reserve. It is proposed that adequate infrastructure and services be provided in order to ensure that the PAPS maintain better or commensurate standards of living. It is further proposed that adequate security of tenure be provided to all the residential PAPS accommodated in the relocation site. These proposals have been accepted by the KR and MOLAH.

Legal Framework

The Relocation Action Plan requires the cumulative action of a number of key Kenyan regulatory bodies. These include the Ministry of Lands and Housing (Department of Housing and Department of Physical Planning), Chief Valuer (determines the value of land for government use), Commissioner of Lands (allocates land for relocation), Deputy Director of Land Adjudication and Settlement (Squatter issues) as well as the Ministry of Local Government/Nairobi City Council (Building Code, regularizing tenure), Office of the Provincial Commissioner (practical experience with resettlement and eviction issues) KR (can allocate land within the KR Reserve). Finally, the Ministry of Transport and Treasury have been informed in detail. The National Environmental Management Authority (NEMA) has also been identified as important for issuance of the necessary environmental permits for the construction activities within the resettlement project. The approvals and permits, however, are applied for and issued on the basis of detailed plans. They would need to be applied for once final plans are approved, and before contracts are let. However, they are usually not withheld, although there can be requirements for the change of technical details.

Land Use Land in Kenya is held under three forms of tenure: • Private ownership where land is held exclusively by an individual or individuals or

company; • Customary tenure-where land is held by the group or community with the individual or

group having user rights. This form of tenure applies to those lands held under the Trusts Land Act where the local authority within whose jurisdiction the land falls holds the land for the benefit of the residents; and

• Public land (government land) that is any land not held by an individual and not Trust land.

Railway land was given to Kenya Railways over the long years since the start-up of the railway early in the 20th century. Sometimes the rail estate was given to the railways without confirmatory deeds or other instruments. To clear clouds from the title to its estate, the GOK passed the Kenya Railways Corporation Act Cap 397 (Vesting of Land) Order under Legal

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Notice 24 of 1986. Under the Order, the Minister for Transport and Communication vested in KRC all land in Kenya belonging to the dissolved East African Railways. No dimensions of the reserve are mentioned. KRC maps routinely show a corridor of 30.48 m (100 feet) on each side of the centreline of the rail as a reserve. This distance is apparently based on tradition.

Grievance procedures

All disputes will, to the extent possible, be resolved at the community level. Grievances that cannot be resolved at the community level will be referred (in the weekly reports) to the KR Relocation Manager. Community meetings will be held at the cluster level during month 1 of the preparatory phase to:

• Define a grievance procedure and select a grievance committee; • Define the mandate of this grievance committee, its coordination and management

of the complaints received; • Defining channels of communication with the committee; and • Defining a physical location where people can present their cases.

Main tasks of the grievance committee will include:

• Claims about legitimacy and competence of the enumerators for valida-tion;

• Validating claims of PAPs who have not been enumerated and claim they should have been;

• Validating owner/tenant status of enumerated PAPs; • Dealing with compensation complaints; and

• Referring disputes that can not be resolved locally to relevant authorities (courts, NCC, PC, MOLAH Department of Housing etc.).

Community Consultation

Effective relocation requires regular consultation with the affected PAPs and a wide range of project stakeholders. Stakeholders include any individual or group affected by, or that believes that is affected by, the project; and any individual or groups that can play a significant role in shaping and affecting the project, either positively or negatively. For the purpose of consultation strategies, they can be broadly grouped into the following categories:

• Agencies and organizations implementing the RAP. The KR plays a key role on the consultation process. The NGO and the technical consultant assist the KR. It is now important to maintain the momentum gained during the planning phase and to continue the consultation process;

• PAPs affected by the project. The consultation needs to take place at the cluster level to involve all affected PAPs. Experience from the planning process has shown that information and consultation at higher levels did not reach all affected PAPs and would not facilitate the level of participation of the affected PAPs required for a successful implementation;

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• Agencies and organizations directly relevant for implementation. The Ministry of Finance, The Ministry of Lands and Housing (MOLAH), KENSUP, The Ministry of Local Government, The Nairobi City Council, The Ministry of Transport and Communication, The Provincial Commissioner and WB/IFC;

• Local institutions and other local stakeholders. Support of local authorities and stakeholder who are in direct contact with the PAPs and influence their opinions is essential for a successful implementation of the relocation;

• The general public. The RAP document has been prepared to further facilitate consultation and information and to alert the public on the identified safety concerns. It is recommended that by using media such as newspaper or radio, information is provided on this relocation and on the consultative, participatory approach the KR is taking.

Consultation with Affected People and Key Stakeholders Intense consultation with PAPs took place during the initial stages of the preparation of this RAP between January and April 2005. The PAPs had been made aware and had accepted the relocation measures then proposed. The same level of consultation has occurred in subsequent months though with less clarity on the PAPS side with regard to the proposed solutions. This is because there has been constant discussion and changes with KR, MOT, MOLAH and the World Bank on the optimal solutions for this complex resettlement programme. The decision to create markets, to locate the 3m pathway well away from the 5.2 metre safety corridor, and to relocate residential PAPs to housing units to be developed on the KR bypass reserve, have been discussed with the community, but the details of the proposed solutions have not been elaborated. As well, originally ten markets had been proposed, then four, outside the Railway reserve, and then four within the reserve and to be built incrementally. Following the August enumeration, finally the RAP has chosen to build three markets within the reserve, which will be sufficient to accommodate the PAP traders and shopkeepers. Previous proposals were shared with the PAPS in four consultative meetings and were generally acceptable. However, given the continuing modification of the proposals, it was prudent to mute the consultation to avoid sowing confusion. Since all the partners have now accepted the proposals contained in this RAP, an intense period of consultations is now planned for the months of November and December 2005, and January of 2006. A full record and summary of the results of these consultations, including any agreed changes to this RAP that result from these consultations, will be forwarded as an Addendum to this RAP not later than the last week of January 2006, and will be disclosed at the World Bank InfoShop and in Kenya.

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Implementation schedule

The RAP implementation consists of 2 phases, a preparatory phase (month 1-6 phase) and the Implementation phase (month 7-36). The preparatory phase (months 1-6) will involve: � Consultative meetings with PAPs and all stakeholders on the principles of relocation,

engineering solutions and time frame. � Verification of the enumeration. � Public information on the relocation. � Obtaining approval for the project. The implementation phase will take within months of the start of this activity. It will take place incrementally with PAPs being moved to allow for each phase as the relocation sites –markets or housing units or sections of the footpath -- are completed. A detailed implementation schedule is set out in Annex D.2.

Budget

The budget covers all anticipated costs for a successful implementation of the outlined Relocation Action Plan. A detailed breakdown of the main budget items is shown in Annex D.1.

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Figure 1.5 Total budget for implementation of the RAP

Budget Position Projected costs (KES)

1. Administrative Costs (Administrative costs of preparatory activities and for Rap implementation)

50,536,350

2. Safety of railroad – Engineering Solutions

161,320,774

3. Relocation - Engineering Solutions 360,938,0004. Compensatory Measures 289,841,2405. Grievance Redress 100,0006. Monitoring and Evaluation 2,240,0007. Sub Total 864,976,3648. Contingency 86,497,636Grand total 951,474,000

Monitoring and Evaluation

The purpose of monitoring is to provide the sponsor with feed back on RAP implementation and to identify problems and successes as early as possible to allow timely adjustment of implementation arrangements. Main tasks are: • Formulating performance monitoring indicators; • Involvement of the affected PAPs in the monitoring process; • Evaluation of the impact and the relocation; and • Using the results to guide other relocations and resettlement in Kenya The proposed three elements of the monitoring plan are: • Performance monitoring; • Impact monitoring; and • Evaluation. Evaluation will provide an assessment whether the outcome of resettlement activities has complied with OP 4.12 and this RAP. The main objective is to determine whether the government’s efforts to create the safety corridor, mitigate potentially adverse impacts, restore the living standards of affected PAP households and the incomes of affected PAP traders, have been properly conceived and executed.

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Description of the Project

Concession of the Kenya Railways

The Kenya Railways (KR) is being concessioned to a private company to operate freight and passenger services along existing lines. Operating the rail lines requires standards of safety that include, among other issues, adequate separation between trains and adjacent properties, people and structures. The KR controls Right of Way (ROW, "Reserve"). The width of this corridor is 30.48m on each side measured from the centre of the rail along the length of the railway while the minimum safety zone of 5.2m on each side measured from the centre of the rails (defined for the purpose of this project) is a much narrower corridor within the Reserve. There are areas where encroachment of this ROW and of the safety corridor is very extensive. Two slum areas in Nairobi: Kibera and Mukuru have been identified as "hot spots," where the sheer crowding up to and on the rails produces unsafe conditions along the interface between trains and people.2 Currently, thousands of people use locations within the safety zone for trading and other purposes. The tracks are used as a walking route to and from these settlements, making the railway a preferred location for mobile vendors. This situation with the resulting safety issues poses a serious risk to the concession. The KR therefore decided to relocate people from the immediate safety zone. The objective is to establish a minimum safety zone and not to start initiating any larger scale urban renewal and/or removal process within the 2 appointed areas. In the concessions to be made, only rights in the 5.2m safety zone will be transferred to the control of the Concessionaire, while ownership of that zone, and the remainder of the Estate, will remain with the residual railways corporation. For detailed mapping of the two affected areas, Kibera and Mukuru, please refer to Annex A.

The main objectives of the relocation action plan is to establish an extended safety corridor for the railway traffic as well as for the people in the immediate vicinity of the rail line (5.2m each side from the centre line). The immediate objectives of the relocation action plan are � Prevention or at least mitigation of adverse social and economic impacts associated

with the implementation of the RAP; � Establishment of compensatory entitlements for PAPs supporting their re-establishing

of livelihoods in accordance with the adopted policy (OP 4.12); � Optimal participation of the PAPs, affected communities and their representatives in an

ongoing, consensus seeking dialogue with KR as well as with other relevant authorities to facilitate implementation and to improve sustainability; and

� implementation of sustainable flexible engineering solutions preventing future

encroachment within the immediate safety zone.3

2 Some estimates state that up to one third of the Nairobi population lives in Slums. The population of Nairobi is estimated at 2.5m 3 The ribbon of rail line and the presence of traders are linked. The traders do not occupy the line simply because there is space available.

They occupy it because there are thousands of pedestrians using the line as a direct and relatively safe avenue connecting both the Nairobi

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Operational Safety Due Diligence Report

During 2002/2003, as part of the studies towards the concession transaction, the consulting group COWI (Denmark) produced an Environmental and Social due diligence report covering aspects along the Kenyan rail lines, including the issues of encroachment and operational safety. On encroachment, COWI elaborated four scenarios for the removal of major risks along the rail/population interface. The scenarios were designed in a way that each scenario was a step in the implementation and prerequisite for the next step. The first step focused on improved communication and information flow between the KR and affected communities to build a foundation for improved sustainability of interventions proposed in the following steps. On resettlement, the authorities in collaboration with the World Bank Group agreed that relocation from the rail line was necessary, and that what was “Scenario 2” from the COWI due diligence report on Operational Safety should be developed into a Resettlement Plan. This implies relocation of existing human activities along a corridor that includes 5.2m on either side of the centre line of the track in affected “villages” (neighbourhoods) in the two “hot spots” at Kibera and Mukuru.

Relocation for Improving Safety

Improving safety on the lines by modifying existing vending, business, institutional and residential occupation within the immediate safety zone requires application of both national policies and strategies, and the relevant policies of the World Bank Group. (WBG) IFC has been Lead Advisor to KR on the concession, and the International Development Association (IDA) is assisting the transaction through a credit and a Partial Risk Guarantee (PRG) to the Kenya Government. Both members of the WBG, namely IFC and IDA require that impoverishment risks of projects they support must be mitigated according to operational policies (OP) that spell out the principles and planning methods for mitigation work. For this project, the relevant policy is OP 4.12 on Involuntary Resettlement. OP 4.12 is applicable whenever property must be acquired, or the use of property modified (whether the current use is sanctioned by law or not) for a project with results that include loss of income, residence or access to resources, whether permanent or temporary.

Flexible Engineering Solutions

To improve sustainability of the relocation from the 5.2m safety zone, flexible engineering solutions have been elaborated. These include cross-sections and an all weather footpath to

central business district and the major industrial zone with their homes in the shacks of Kibera and Mukuru. The traders serve the

pedestrian traffic, and the pedestrians demand the stalls and tables of the vendors and workshops. The two, the pedestrian corridor and the

vendors, will be reorganized as a single complex unit, moved away from the tracks in such a way as to enable the trains to pass freely and

the people to have a free line of access up and down the trackside in a continuous foot path. If unobstructed, the foot path will induce

people to avoid the tracks, which are not only hazardous when trains pass but also difficult to negotiate because of the loose ballast that

covers the ties. This tying of pedestrians and suppliers governs this resettlement plan.

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divert the pedestrian traffic from the railway, and to attract traders to move their businesses along the footpath where the majority of their clientele is expected to pass. Establishment of three permanent markets in economically equivalent locations will provide space for traders and businesses that cannot be accommodated along the footpath due to space limitations. Level crossings and footbridges will be developed at locations where people need to cross the rails. Sleeper barriers and sleeper fencing will provide a demarcation of the 5.2m safety zone and prevent further encroachment. Other means to improve sustainability include the provision of signposts and safety vests for the KR maintenance staff. To house the residential PAPs relocated from the areas identified for the location of markets and footpaths, housing units will be required prior to the commencement of the relocation process. Government land reserved as a railway bypass has been identified along the southern bypass. Kenya Railways has confirmed that they will construct the houses on the railway bypass reserve. The houses will belong to them but they will lease them to residents for a term of at least 15 years and undertake their management and the collection of the nominal rent to be charged. KR may also consider the alternative of leasing the housing units at a peppercorn and having an association of residents collect a service charge to be used for the maintenance of the housing units. KR however, needs to coordinate its activities with all other government departments especially KENSUP, in the construction and relocation process.

Other Relocations

Other relocations from the KR estate must be deferred to a later time and a different planning process. The finding of the WBG is that the safety requirements for the trains in the immediate adjacent area are the key concern for the concession process and its successor organization, the Assets Holding Corporation that will be formed after the concession takes place. The Assets Holding Corporation will have to address the question of these settlements in conjunction with all other institutions in the country involved in questions of poverty reduction and slum upgrading. This is a massive challenge, which cannot be addressed by railway operators within the time frame of the concession.

Potential Impacts

Introduction

Concession of the Kenya Railways calls for the relocation of people from a minimum safety zone of 5.2m on each side of the rail. This is required in areas where this minimum safety zone has been seriously encroached upon and where such situation with resulting safety issues poses a serious risk to the concession. The KR therefore decided to relocate people from this minimum safety zone. This relocation will improve safety for the people and will enable the trains to operate with higher speed and efficiency.

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The Zone of Potential Impact

The total length of the 60m wide corridor from which human activities are to be relocated is estimated at 11.500m of which 6,900m are in Mukuru and 4,600M in Kibera. The corridor extends from km 534.6 to km 538.8 in Kibera and from km 520.0 into km 523.4 in Mukuru, and thus over a total of 7.6 kilometres. Human activities are to be relocated from the following areas: the 5.2m safety zone on both sides of the rail, the market locations and the new footpath to be located principally between 10 and 30m from the rail centre line. In Mukuru, extended enumeration of PAPs beyond the 20m corridor was done in areas where the flexible engineering solution requires relocation. These are at 521.5 km to km 521.550 to the right, a distance of 30m from the centre line. In Kibera a complete enumeration was done (in two stages) for the entire 60m wide corridor from km 534.6 to km 538.350.

Mechanisms for Consultation

Prior to and during the enumeration process, a community consultation process between KR and the local affected communities and individual PAPs within Kibera and Mukuru was established. Several meetings were held with the potential affected communities, local stakeholders as well as with relevant Government Ministries. A Consultation Log covering the initial phase of the preparation of this RAP (December 2004 to January 2005) has been prepared by the Consultant. Please refer to Annex B.3. The aim of the Community consultation is to facilitate common understanding on the proposed solutions and to mobilize support from the affected communities in the process of addressing a problem that the community recognizes. This is considered paramount for the sustainability of the RAP. While some consultation has taken place during the later stages of this RAP (June –August 2005) Annex B3 (1) is a log of consultations that have taken place between June and August with regard to the project.) , full consultation has been delayed by the dynamics surrounding the preparation of this report. The proposals for development of markets, location of the footpath outside the 4.8m corridor and relocation of residential PAPs to housing units has therefore not been adequately discussed with the PAPS. Further consultations are planned for the months of November, December 2005 and January 2006. A detailed summary and consultation log will be disclosed as an Addendum to this report. It is important that all preparatory activities for the RAP implementation4 are completed before the actual RAP implementation starts. The verification of the enumeration is of particular importance. It will provide a final list of PAPs to be relocated and make it possible to seek and, with support from the communities and their representatives implement solutions acceptable to the PAPs.

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Alternatives for Avoiding or Minimizing Relocation

The Government of Kenya as well as the WBG policies recognized that experience from relocation on account of projects causes hardship for the affected people and households, particularly for the poor PAPs with no economic reserves. The overall objective is therefore, to the extent possible, to avoid or minimize involuntary relocation. Where feasible the aim is to explore all viable alternative project designs. The following alternatives have been explored to avoid or to minimize relocation: � Utilization of available space to the extent possible. PAPs should be accommodated within their current locations, moving into empty niches a few meters behind their current location. The availability of such niches has been investigated during the planning process, and those found have been used as locations for resettling several hundred of the traders; � In some areas, the manner of displaying wares can be rearranged to accommodate more traders; � The proposed foot path is dimensioned to accommodate the assessed needs on the actual location of existing and proposed level crossings, to further facilitate the transverse trafficking; � Only enumerated persons who are affected either by the safety zone and/or the markets or footpath are considered as PAPs; � The option to develop sites within the KR Reserve, near to the existing trading locations, into market places has also been explored and incorporated into the proposed solutions; and � Residential PAPs/occupiers of structures that need to be removed or demolished will be relocated to housing sites to be developed within the KR bypass reserve on the periphery of Kibera, to minimize distances from the old areas and thus to work and social networks. Findings from the relocation planning exercise indicate that most PAPs can be relocated within a reasonable distance of their current site and (for traders) on economically equivalent spots. There is however a degree of mistrust and misinformation that is counterproductive to the implementation of the above solutions. An ongoing consultative process with the potentially affected PAPs5 and local stakeholders is a key factor to successful implementation. The arrangements set out above will suffice to accommodate all PAPs enumerated from within the Mukuru area as well as PAPs from the Kibera area.

Socio economic studies

Background

There is already a considerable amount of knowledge about both Kibera and Mukuru in

5The PAPS actually affected will be confirmed by the verification before the implementation starts

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existence and a number of studies, research essays and recently a book have been published and are available on the internet, particularly on Kibera. Gathering of additional socio-economic information has therefore been limited to the PAPs affected by this project for the immediate purpose of this RAP. Information has mainly been collected on their economic situation (such as estimated incomes, type of business; ownership), on disadvantaged groups (women, the sick, youth and elderly) access to social infrastructure and social services. This information serves as a baseline and formed the basis for the Matrix of Relocation Impacts (Annex B.1), the Compensation Entitlement Matrix (Annex B.2) and the Itemized Cost Estimate (Annex D.1). The base line will also be used for monitoring and evaluation purposes. For this reason and given the specific nature of the project, a single enumeration form Annex A.1) was developed to gather both socio-economic information as well as an inventory of physical assets in the railway reserve corridor. The physical inventory and socio-economic investigations were implemented at two different periods, in January and August, 2005, by different members of the appointed enumeration teams.

Enumeration Approach

Awareness Creation To ensure community participation, enumerations are typically based on a broad community consensus on the need for information to solve a specific problem. In both enumerations, a series of meetings were held between the affected communities and KR and facilitated by the consultants. Meetings between local authorities in the affected villages and KR were also held. In both enumerations a handbill explaining the purpose and format of enumeration was distributed to all affected residential, business and institutional units.

An enumeration of the project affected people was undertaken in the two `hot spots’ Kibera and Mukuru, and a subsequent enumeration in Kibera only. The enumeration sought to identify and to survey all PAPs within the project area. The January survey exercise was carried out by Pamoja Trust, supported by COWI, GIS Specialist, mapping experts from MOLAH and a KR Engineer. The survey conducted in August 2005 was carried out by Pamoja /Tecta, with the main partner in the field of enumeration being the residents of Kibera and KENSUP. The January enumeration covered a 20 metre wide corridor in Kibera and Mukuru. The inner 10.4m (5.2 metres on each side of the track) was and is to be the operational safety corridor. The further 4.8m per side was at the time deemed to be the likely corridor for reinstalling a pedestrian footpath and the associated trading facilities (tables, stalls and shops). In August the enumeration covered 20 further metres on each side of the track, that is, the balance of the 30m total rail reserve corridor6. The physical survey covered an

6 The August enumeration also covered a small part of the 5.2m zone (comprising cuttings and embankments) that had not been enumerated in January.

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approximately 20m corridor along the entire stretch of the rail line in both `hot spots’. The wider coverage of the survey provided sufficient information for proposed flexible engineering solutions that should significantly reduce subsequent inflows of people in the "safety corridor" and for informed community discussions on the possibility of rearranging existing spaces to accommodate some PAPs within their vicinity. The first enumeration process took almost 3 weeks, commencing on January 10, 2005. The second enumeration took about two weeks from 1st August to 13th August 2005. The enumeration results formed the basis for eligibility of PAPs in the design of this RAP. To document a cut-off date in January 8, 2005 a video of the affected areas were recorded and attached to Annex E. and the segmentation outlined in Annex E.1.and E.1.A (These videos are available on the COWI website.)

The process of data collection was designed to inspire confidence in the affected communities towards the process of resettlement through dialogue and awareness-raising prior to the enumeration and inclusion of communities in the enumeration process. The project area was divided into segments: six in Kibera and three in Mukuru. Details of the segments are provided in Annex A.3 for Kibera and Annex A.4 for Mukuru.

Enumeration Teams Table 4.1 outlines the enumeration teams by individual segments.

Table 4.1 Enumeration teams

Segment Size of Teams Size of segment teams

Kibera Soweto 20 members 4 teams of 5 members

Kibera Laini Saba 20 members 4 teams of 5 members Kibera Mashimoni 20 members 4 teams of 5 members Kibera Kianda 20 members 4 teams of 5 members Kibera Gatwikira 20 members 4 teams of 5 members Kibera Kisumu Ndogo 25 members 5 teams of 5 members Total 125 members 24 segment teams

During the January enumeration, each enumeration team had members with the following responsibilities:

� One questionnaire administrator; � One photographer; � One mapping specialist; and � Two community representatives (also team assistants).

In the August enumeration, the teams were as follows: � Sixteen questionnaire administrators; � Two community mapping personnel; and � Two numbering personnel

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In both enumerations, the core enumeration team was made up of representatives from all the affected villages. In January, a total of 145 community enumerators were identified to carry out the enumeration. The team included 20 representatives of Muungano wa Wanavijiji (The Kenya slum dwellers federation) who have been involved previously in enumerations. In August the team consisted of 120 community representatives. A one-day training exercise was undertaken for the teams on all aspects of the enumeration. In both enumerations the teams were broken down into smaller teams of five members each. Each of the work teams consisted of one enumeration clerk who would administer the questionnaire; a mapping person who would provide exact measures of each PAP structure; one photographer for the first enumeration only; and two community representatives who have sufficient knowledge of their settlement. It is important to note that participation of the community was a voluntary activity. Whilst the consultants made provision for lunches and transport for the community team, no payments were made for the work done. This represents a significant community buy into the RAP process.

Enumeration – Methodology

Methodological Tools

The following main methodological tools were used for the enumeration: • Enumeration Measure (Annex A. 1): • Video (Annex E.2 for Kibera, Annex E.3 for Mukuru): • Updated digitized maps (Annex A.5): • Digital photography • Physical numbering of PAP (Annex A.6) and Annex A.7)

Data Collection The collection of data on the ground was broken down into a number of activities as follows:

Numbering In both enumerations, the first enumeration activity was to provide every PAP with a unique identification number. During the January enumeration, the numbers were painted on to the PAP structure. The numbering system was designed so that each PAP was referenced according to their village and within a 10-meter section of the line. To enable this fairly complex numbering system, the railways had prior to the numbering, placed marks on the entire railways stretch at intervals of 10 meters. During the August enumeration, the numbering system was designed so that each PAP had a number based on his village of residence. Thus, for example, PAPs from Kianda had the number KIA (e.g. .KIA 319) Structure owners were distinguished by the suffix 1, for instance, KIA 319/1, and tenants by 2, hence KIA 319/2. The other villages had similar numbering: • KG-Gatuikira • KSN-Kisumu Ndogo • KM-Mashimoni

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• KL-Laini Saba • KS-Soweto

Physical Mapping Maps of the Kibera and Mukuru sections were updated to reflect the PAP numbering. This exercise is technical and was therefore undertaken by engineers, surveyors and physical planners from the consultants’ team and the Ministry of Lands and Housing. Questionnaire A questionnaire was administered on every PAP. The questionnaire was designed to provide information of the social economic status of the PAP and would inform the compensation matrix. In cases where a structure or unit had a tenant and structure owner, a questionnaire was administered to both parties. In these cases a suffix of ‘1’ or ‘2’ was added to the PAP number to mark the differentiation between tenants and structure owners. Photos During the January enumeration, a photograph of each PAP was taken to correspond with the questionnaire. No photographs were taken during the August enumeration. PAP Identification Card As each PAP was enumerated, they were issued with a PAP identification card authenticated by the signature of the Safety Manager of the KR and the enumerator. ID Numbering System Each enumerated PAP has been provided with a unique enumeration number. The unique PAP number for the January enumeration consists of three parts, demonstrated in the following example:

"KS/535.7/l00 KS = Kibera Soweto, 535.7= km reading (each 10 m) 100= number of the PAP" whilst for the second enumeration. For each PAP, the enumeration teams issued a personal enumeration identification card (an example is provided for in (Annex A.2).

The information from the enumeration form provided data on standard characteristics of the PAPs (such as gross incomes derived from both formal and informal activities, health status) as well as the magnitude of expected loss, physical and economic. It also provided information on vulnerable groups as provided for in OP 4.12 for whom assistance with relocation of their assets may be considered. Annex A.6 and Annex A; 7 outline a detailed database with information on all enumerated PAPs. An example of PAPs data report is also given in the annexes.

Estimated Accuracy of the Enumeration

The estimated accuracy of the January enumeration was 80%. This is relatively high taking into consideration the difficult working conditions, overall complexity and tight time factor. Nevertheless, the present enumeration exercise is reportedly so far the most accurate enumeration carried out in the two Nairobi slums. A verification exercise was carried out which brought the margin of error down to 1%.

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Main Reasons Identified for the Inaccuracies The main reasons identified for the inaccuracies of the enumeration process are: � Shortage of time for building awareness; � Using community team who were not experienced; � Too short training in using and interpreting the enumeration form; People

presented themselves for enumeration who did not have claim to the space/structure; and

The information given by the various PAPs was difficult to verify in the field. Very few statements were cross checked in the field. The information from most PAPs was accepted "prima facie". The advantage was that the PAPs were not hindered in stating their claims. These claims however in some cases could have been false. The second enumeration, however, was smoother as the enumerators had gained experience and there was greater ownership of the process. The estimated level of accuracy of the enumeration was 90%. The main reason identified for the inaccuracies is inaccurate information provided by the PAPs

Verification In a verification process, registers are handed over to community representatives who post them in a place that is accessible to the public. Awareness is created that a verification exercise will take place

Individual reports for each PAP are also produced and distributed to the PAPs. After the registers are posted the residents come to check or verify whether they have been included in the register and whether the information on each PAP is correct. They also check whether their individual reports are correct. Through this process, those affected are able to verify the eligibility of other PAPs in an open and transparent manner. Complaints are then taken and a register of complaints is made and brought to Pamoja Trust. This is the process that the PAPs in Kibera were taken through to verify the January enumeration. The errors that were not substantive-like typographical errors or incorrect I.D. numbers-were corrected. The substantive errors have not yet been dealt with. Verification builds the confidence of the community in the process and ownership of the project is created.

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Results of the Socio-Economic Studies and Enumeration Exercises

Characteristics of Project Zone Occupants Whether owners/operators or owners/residents or tenants, the PAPs are relatively poor. The average size of a business structure is estimated to be only 8m2. The average size of residential structure is higher (19.2 m2), but when one imagines that it is often occupied by a family with children the space is very limited. The percentage of masonry structures (which are the most expensive) is less than 1%, while 78% are the cheapest form of structure (wood, mud and corrugated iron).

There is hardly any social infrastructure. Only a few structures have their own latrines. There are latrines run as businesses that can be used for a fee, but most people prefer the "flying latrine", using a plastic bag. Electricity supply is usually unofficial, and it is not uncommon for a person to divert power from the main line, install a meter and charge the users to whose structures the lines are subdivided. The same situation obtains with regard to water. There is no system for garbage collection. There are no roads, and during the rainy season people walk up to their ankles in mud and on a "history of garbage". HIV is widespread, and there are many HIV orphans or children likely to be left orphans, with the mother sick and unable to provide for her child and the father absent. The average monthly gross income (extracted from the enumeration database) is estimated at KES 3,500 for mobile vendors and businesses in Kibera and Mukuru (equal to USD 45). From this, the school fees and medicine are paid, as well as rents (which can be quite high and are often collected by middle men on behalf of absentee structure owners). Most income for the affected PAPs comes from informal trading. Only 64 from the total of 2,388 affected PAPs could present a valid KR temporary occupational license. The vast majority are informal squatters, with the threat of eviction hanging over them.

A few institutions (schools kindergartens, places of warship and clinics/dispensaries) will also be affected, most of them however only by reducing the size of their existing compounds.

Current Occupants of the Affected Areas

Basic information on the current occupants of the affected areas is summarized in Annex B (Matrix of Relocation Impacts). A summary in two tables that illustrate the results of the January and the August enumerations is however reproduced below.

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Table 4.2 Kibera and Mukuru-January 2005: Occupants of 20 metre corridor Category Unit Kibera Mukuru Total

TOTAL occupants trading and resident nos 1447 950 2397 1. Mobile vendors occupying space nos 276 114 390 2. Businesses nos 1047 706 1753

2.1 Business structure owners persons 815 639 1454 2.2 Businesses, tenants HH 232 67 299

3. Business employees persons 1234 428 1662 4. Residences nos 78 113 191

4.1 Residents, structure owners persons 47 88 135 4.2 Residents, tenants HH 31 25 56

5. Residents cum vendors/businesses nos 39 15 54 5.1 Residents cum vendors/business structure owners

HH 24 13 37

5.2 Residents cum businesses HH 15 2 17

Table 4.3 Kibera – August 2005: Occupants of zone 10 – 30 metres from rail line

Category Unit Kibera 1. Mobile vendors occupying space Nos 56 2. Businesses Nos 544

2.1 Business, Structure Owners persons 544 2.2 Business, Tenants HH 311

3.0 Business Employees persons 361 4.0 Residences Nos 554

4.1 Residents, Structure Owners persons 554 4.2 Residents, Tenants HH 164

5.0 Residences cum Businesses Nos 97 5.1 Residences cum Businesses, structure Owners

HH 97

5.2 Residences cum Businesses, Tenants HH 16 6.0 Residences cum Businesses, employees persons 65

Total residents, traders, employees Nos 1270

Project Affected People: Displacements from the Rail Line in Kibera

As in all projects that affect informal and blighted urban communities around the world, the most difficult part of the planning period is the set of decisions that optimize solutions for the problem at hand (in this case rail safety, in other projects drainage/sewerage, or restoring historic districts, or providing streets and utilities), and at the same time minimize the taking of the sites necessary to address the problem satisfactorily. In Nairobi, establishing the safety corridor to enhance rail traffic services that can boost the national economy will require the removal of the thousands of pedestrian commuters who use the track as an avenue of access to important zones of employment, and the houses and enterprises lining the track. A new footpath constructed by connecting and improving existing paths will require removing some structures currently containing houses and enterprises. A parcel of land near to but off the rail reserve will be used for rehousing people who must move from their present dwellings, at physical standards higher than their present dwellings. Affected traders will be able to continue serving the dense population of their clients from new locations in Kibera and Mukuru, including

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three new market structures to be built in Kibera under this program. The new markets will require additional households to be displaced to the new housing area. Table 4.4 shows the total number of households and enterprises to be removed from the various “villages” that make up the affected parts of Kibera and Mukuru, and the types of activities to be displaced and relocated. Table 4.4 KIBERA: Current occupants of the project affected areas (5.2M, markets and footpaths) – Project Affected Persons (PAPs)

The number of people that will be displaced from three RAP actions: 1. Clearance of the 5.2 metre safety zone. 2. Construction of markets. 3. Construction of a foot path parallel to the rail line. The sub-tables below show the number of persons affected by these actions.

Table 4.4.1 Displacement from the 10.4 metre safety zone by type of PAP

Business Institution

Mobile vendor


Not specified Total

PAPS within 5.2 m of track centre line 787 3 251 54 29 33 1157

Table 4.4.2 Displacement from clearance for construction of markets by type of PAP



Market 1 41 8 0 22 137 208 Market 2 47 7 12 2 29 97 Market 3 43 9 20 9 48 129 Total 131 24 32 33 214 434

Table 4.4.3 Displacement from clearance for construction of footpath by type of PAP

Business Institution

Mobile vendor


Soweto 84 0 0 24 182 290 Laini saba 130 0 0 32 136 298 Kisumu Ndogo 54 0 0 1 2 57 Kambi Muru 24 0 0 0 0 24 Gatwekera 96 0 0 2 1 99 Mashimoni 8 0 0 2 6 16 Makina 4 0 0 1 5 10 Kyanda 10 0 0 1 6 17 Soweto West 3 1 2 6Total 413 0 0 64 340 817

Table 4.4.4 Consolidated total project affected persons by type of PAP



Not specified Total

Safety Zone 787 3 251 54 29 33 1157 Market sites 131 24 32 33 214 434

Footpaths 413 0 0 64 340 817 Total 1331 27 283 151 583 33 2408

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Table 1.2 Displacement from Mukuru Displacement from the 10.4 metre safety zone by type of PAP

Note: These figures come from the January 2005 enumeration, and apply to the 10 meters per side enumeration carried out at that time. Final figures for the 5.2 metre per side alternative actually retained are still to be calculated

Magnitude of the Expected Loss of Physical Assets

Table 4.5 outlines total asset losses from the project (see also Annex A.6 and Annex A.7 for the expected loss of assets).



PAPS within 5.2 m of track centre line 706 2 114 15 113 950

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Table 4.5 Physical losses from land to be acquired for the project

Category Unit Kibera Mukuru Total Impact on structures/means of display m2 10,746 8,161 18,907 1. Businesses m2 10,746 5,648 14,024

1.1 Not movable (stones or bricks) 8,376 5,648 17 1.2 Not movable (mud, wood, corrugated iron)

nos 771 476 1,247

1.3 Movable (wood, corrugated iron) nos 261 228 489 1.4 Mobile (movable means of display)

m2 276 114 390

2. Businesses cum residence m2 597 230 827 2.1 Not movable (stones or bricks) nos 2 0 2 2.2 Not movable (mud, wood, corrugated iron)

nos 37 15 52

2.3 Movable (wood, corrugated iron) nos 0 0 0 3. Residents m2 1,498 2,170 3,668

3.1 Not movable (stones or bricks) nos 0 0 0 3.2 Not movable (mud, wood, corrugated iron)

nos 76 113 189

3.3 Movable (wood, corrugated iron) nos 2 0 2 Impacts on infrastructure and other fixed assets

1. Water points nos 6 0 6 2. Water tanks nos 6 0 6 3. Electric lines M 360 40 400 4. Roads M 210 40 250 5. Water pipes M 140 1300 1,700 6. Drains M 130 645 775 7. Culverts M 100 88 188 8. Phone lines M 80 0 80 9. Fences M 428 53 481 9.1 Chain link M 202 9.2 Masonry M 52 9.3 Wood M 76 9.4 Barbed wire M 102 9.5 Corrugated iron sheets M 49 10. Shower rooms nos 0 6 6 11. Latrines nos 10 57

The two enumerations were carried out within the overall 60m railway reserve. During the January enumeration, to establish the number of PAPs to be affected, when the maps with the engineering solutions were laid over the enumerated areas, those located outside the 5.2m safety zone and within the remaining 4.8m, but not affected by the engineering solutions (pathway), were deducted. However, the August 2005 enumeration has taken some of those traders and residences into account as they will be affected by the current engineering solution that incorporates three markets. Expected losses for the PAPS are within the magnitude set out in Tables 4.4 and 4.4A. The actual numbers may be slightly higher or lower, depending on the location of engineering solutions completed in the preparatory phase (consultative process) as well as on the participatory verification of the overall enumeration.

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Others Structures to be Removed The infrastructure and other fixed assets affected by the project will be relocated to a nearby place or re-built. These added structures can be divided into: • Infrastructure that serves the settlement. This is not planned and crosses the track at several points. They are illegal and informal connections. In some cases KR grants permission to cross the line where such authority is sought; and • Infrastructure that serves the KR and other formal institutions. These are planned and allowed along the line. They are legal and formal and in all cases KR grants permission to cross the line. In both cases water points, pipes and tanks, electricity lines and posts, roads and drains and telephone lines have been identified and the infrastructure and other fixed assets have been mapped. In the 5.2m safety zone on either side of the railway, only a few institutions (schools kindergartens, places of worship and clinics/dispensaries) will be affected, most of them however only by reducing the size of their existing compounds. The enumeration indicates that only 2 small churches and one local dispensary will need to be relocated. Some 450 m2 of crop land will be affected in Kibera. The enumeration did not capture the PAPs/users of this crop land. In the 20m reserve where the August enumeration was carried out, however, 19 institutions located where the footpath and the three markets will be located will be affected.

Legal framework

Major Identified Regulatory Bodies – Relocation

During the RAP generating process, a substantial number of key Kenyan stakeholders were identified and consulted as to outline legal responsibilities and in parallel programs possibly impacting the RAP process and likely recommended proceedings.

Ministry of Lands and Housing (MOLAH)

• Department of Physical Planning is in charge of settlement planning. Before any government land can be considered for allocation, a physical development plan needs to be prepared by this Department. • The office of the Chief Valuer deals with valuing land to be bought for government use. For example, when land has been identified for the relocates from Kibera outside the KR Reserve, the Valuer’s office has to analyze it and to determine its value. • A request can be made to the Commissioner of Lands, to allocate government land for resettlement or relocation. The Minister can also request the Commissioner to

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compulsorily acquire private land for public purposes (such as relocation)7.• Deputy Director of Land Adjudication and Settlement. The duties of the Deputy Director are to adjudicate issues relating to land ownership and to settle landless people. The Department has the authority, working with the Commissioner of Lands, to allocate land. Land allocation cannot take place without the involvement and approval of the Commissioner of Lands. The Department of Land Adjudication and Settlement either formalizes land ownership by squatters by giving them title to the parcels they occupy if the land is government land, or settling them elsewhere after acquiring land by either buying it from individuals or receiving is as a donation from big landowners. The Deputy Director has been involved in several settlement schemes at the coastal areas including: Likoni, Shika Adabu, Kisauni, Hodi Hodi, Miritini and Voi. Freehold titles are usually given for plots of approximately 50x 100 feet or a half acre depending on the size of the land and the number of people to be resettled. The Department attends KENSUP meetings. • Department of Housing. This Department plays the coordinating role of the KENSUP project while other Government institutions are engaged to contribute their areas of competence and mandates. A dialogue on relocation and enumeration guiding principles took place during the RAP preparation and a common understanding has been reached on the major issues. KENSUP is also working in Kibera. Continuation of dia-logue and consultation between these two projects during the preparation and implementation of the RAP would be of an advantage for implementation and for a future Kenya-wide approach to resettlement.

7 Land for settlement of landless is no longer acquired compulsorily as the owners tend to take matters to the court and the cases

can drag on for years

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Ministry of Local Government/Nairobi City Council While the Director of Department of Physical Planning, MOLAH, prepares Development Plan for eventually new development sites, the NCC’s Department of City Planning may require the observance of Code 95, the City Building Code. Local authorities such as the City Council of Nairobi can regularize tenure and transfer title to relocated PAPs: Office of the Provincial Commissioner has practical experience with .resettlement and eviction issues.

Ministry of Transport and Communication The Ministry of Transportation and KR can allocate land within the KR reserve for relocation purposes.

National Environmental Management Authority Issues approvals of projects after an environmental impact assessment has been undertaken.

Legal Provisions for Land and Land Acquisition in Kenya

Table 5.1 below summarises the identified legal provisions for land.

Table 5.1 Summary of legal provision for land.

Name of Act Application Remarks

Government Lands Act Cap 280

Applies to allocation of and dealings with Government land. Title to Government land is vested in the President who has the authority to “make grants or dispositions of any estates, interest or rights in over un-alienated

Will apply if the project elects to ask the government to allocated public land for the relocation

The Land Acquisition Act

Cap 295, revised in 1983

An act of Parliament to make provision for the compulsory acquisition of land for public benefit. An inquiry held, objections heard, compensation payable

The procedure of acquiring private land may be too lengthy for the purpose of the project

Section 75(2) of the Constitution

Anyone dissatisfied with the award of private land by the Commissioner has the right of appeal to the Land Acquisition Appeals Tribunal. A further appeal to the High Court can be made according to the section.

The procedure of acquiring private land may be too lengthy for the project

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The Kenya Railways Corporation Act, Cap 397 Laws of Kenya, revised edition 1979

Describes land vested in KR, and KR rights. The Corporation can for example either purchase land from private persons, ask the government to allocate public land to it, or ask the government to compulsory acquire land for it.

Relevant for the acquisition of land beyond the KR Reserve for example for “surplus” traders in Kibera.

The Kenya Railways Corporation Act Cap 397 (vesting of Land) Order issued by the Minister for Transport and Communication under legal notice No. 24 of 1986)

In exercise of power conferred by section 95 (a) of the Kenya Railways Corporation Act, The Minister for Transport and Communication revoked the Kenya (Vesting of Land) Regulations 1963 and vested in the KR all land of the East African Railways Corporation vested in the corporation

No dimensions of the KR reserve are mentioned in this Vesting Order or in the Kenya Vesting of Land Regulations 1963. In their maps, the KR draw a corridor of 30.48m (100 feet) on each side of the rail (measured from the centre). This distance is apparently based on tradition

The Physical Planning Act, Cap 286 (Act No 6 of 1996)

Requires preparation of development plans for every intended development and invitation to the public to comment /object to the development

To be considered when planning market sites and possible other relocation sites.

Code 95, the City Building code (came into effect in 1995)

The City Council of Nairobi’s Department of City Planning may require the observation of the code.

Same as above

The Land Control Act Cap 302, revised edition 1989

An Act of Parliament to provide controlling transaction in agricultural land

The Limitation of Actions

Act Cap 22

A person whose initial occupation of the land was open and without valid title and who has remained in uninterrupted possession for 12 years, may, with a declaration to this effect from the High Court, acquire title to the land by reason of adverse possession.

The legislation applies to private land. It does not apply to government land.

The Local Government Act, Cap 265

Empowers the NCC to buy, lease sell land: to ask the

l ily

This Act is relevant for example in connection with h d i i i f

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government to compulsorily acquire land for it” to appropriate any land not in use for its intended purpose to be used with the approval of the Minister for another purpose.

the proposed acquisition of a section of the Shadrack Kimalel school compound for a market site

Registered Land Act

Cap 300

A maximum of 12 persons can be registered as owners of one piece of land

The National Environmental Management Act

Issues environmental permits.

Trusts Land Act The local authority within whose jurisdiction the land falls holds the land for the benefit of the residents. Though there is no legislation in Kenya allowing for this form of tenure, the Ministry of Local Government through its Small Towns Project has initiated the model in the Tanzania-Bondeni informal settlement in Voi

Since it is not anchored in a law, it may not offer sufficient security of tenure for the relocation. Ref, section 8.2.3 for details

The Natural Environmental Management Act

Requires environmental assessment to be undertaken

Description The Government Lands Act, cap 280 Applies to allocation of and dealings with Government Land and will apply if the project elects to ask the government to allocate public land for the relocation. All public land in Kenya is vested in the state, and by the provisions of the Government Lands Act, can be allocated by the Commissioner of Lands, MOLAH, to whom the power to allocate is delegated. The vesting of all public land in Kenya in the government resulted from the Crown Lands Ordinance of 1915 under which all land other than trust land and that land held under individual title vested in the British Crown. At independence, this land was by virtue of the Constitution (Amendment) Act No. 28 of 964 vested in the government of the Republic of Kenya. Under the Act, all unalienated government land8 is available for allocation. A request can be made to the Commissioner of Lands, Ministry of Lands and Housing to allocate government land for resettlement or relocation. If the land is not reserved, it is likely that it could be made available to the project for a price.

8 Unalienated government land means all land which is not for the time being leased to any person, or for which the Commissioner has not issued a letter of allotment.

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The price would include stand premium, survey fees and annual rent calculated by the Government Valuers from the Department of Lands. If started at the beginning of the preparatory phase, the procedure could be completed before relocation starts.

The Land Acquisition Act, Cap 295 The Act empowers the Minister, Ministry of Lands and Housing, to acquire compulsorily any privately held land deemed necessary for a public purpose. The Act also provides for grant of land in lieu of monetary compensation. An inquiry is held, objections heard, compensation payable. When the Minister certifies to the Commissioner that the land in question is required for a public purpose, the Commissioner issues a preliminary notice of the intention to acquire the land, which is published in the Kenya Gazette. The notice is also served on all those whom the Commissioner is of opinion have an interest in the matter. A date is then set for a public inquiry into the acquisition. Each person interested in the land targeted for acquisition is, entitled to file an objection and to be heard at the inquiry.

Upon conclusion of the inquiry, the Commissioner shall prepare a written award making an award to each of those he finds to have an interest in the land. Anyone dissatisfied with the award of the Commissioner has a right of appeal to the Land Acquisition Appeals Tribunal. A further appeal lies under section 75(2) of the Constitution, to the High Court.

After the award has been made, the Commissioner issues a notice to the landowner that he will take possession of the land after sixty days from the date of the notice. After the expiry of that period, the Commissioner takes possession and the titles to the land must be surrendered to him if not already surrendered before. In urgent cases, the Commissioner can take possession within thirty days of the publication of the notice of intention to acquire the land. In all cases, compensation for the land is payable, based on the market value of the land.

The Act provides for payment of compensation as soon as practicable. This is a rather vague expression and there would be a need to confirm from the Chief Government Valuer how long, in practice, the process takes if private land was to be acquired for this project. The Limitation of Actions Act Cap 22 There is currently no law in Kenya that provides for the protection of the rights or for compensation for loss of these rights for squatters. Squatters do not have legally recognized rights to land which they occupy. The above provisions relate to compensation for those who have a legal right to land and whose land has been compulsorily acquired for public purposes. However, if squatters have been in occupation of private land for over twelve (12) years, then they would have acquired rights as adverse possessors of that land as provided under the Limitation of Actions Act, Section 7. They would however, need to seek a declaration from the High Court and prove that their entry into the land was open, without legal title and was uninterrupted for 12 years. If the land in question is government land, (as is the case for this project), then they have no rights to it, as the

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doctrine of adverse possession cannot be invoked against the government.

Kenya Railways Corporation Act Cap 397 Under this Act, the Kenya Railways Corporation (KRC) can enter into an agreement to purchase land from a third party (private individual or company). It can also ask the Ministry of Lands and Housing to make public land available for its purposes, or to acquire land compulsorily on its behalf. If land is compulsorily acquired for the purposes of the KR, the Railways would pay whatever compensation was awarded to the land owner. The Kenya Railways Corporation (Vesting of Land) Order 1986

Land Control Act, Cap 302 This Act requires consent for all transactions involving agricultural land. However, where the KR enters into a private treaty with an owner of agricultural land, the provisions of the Land Control Act will not apply. This means that the owner will not need to get the consent of the Land Control Board of the area where the land is situated before a transfer can take place as is the case in normal transfers of agricultural land. Similarly, if the land is agricultural land and is compulsorily acquired by the Government, the provisions of the Land Control Act shall not apply.

In exercise of power conferred by section 95(a) of the Railways Corporation Act, the Minister for Transport and

Communication makes the following Order:

THE KENYA RAILWAYS CORPORATION (VESTING OF LAND)

ORDER 1986

1. This order may be sited as the Kenya Railways Corporation (VESTING OF LAND) order 1986

2. The Land described in the schedule to this Order shall vest in the Kenya Railways

Corporation.

SCHEDULE

All land of the East African Railways Corporation vested in the Corporation by any written law as

well as any land conveyed to the Corporation or otherwise placed at that Corporation and includes:

(a) Premises used for the administration and control of the services provided by the Administration.

(b) Railway lines (including marshalling yards and sidings):

(c) Workshops and training schools.

Together in each case with the cartilage thereof or other land then enjoyed therewith.

3. The Kenya (Vesting of Land) Regulations 1963 are revoked.

Made on the 22nd February, 1986

A.K. Magugu Minister for Transport and Communication

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The Physical Planning Act, Act No 6 of 1996 This Act requires that before any physical development of an area can take place, a notice of the intended development must be published in the local press inviting anyone interested to look at the plan and to lodge objections, if any, to the development. The Act is binding on the government except in certain exempted cases, like where the development relates to military/defense purposes. Before any government land can be considered for allocation, it must have been planned by the Director of Physical Planning, Ministry of lands and Housing and a Development Plan prepared.

The City Building Code (Code 95) The City Council of Nairobi’s Department of City Planning would also need to be involved in the resettlement process and may require the observance of Code 95, the City Building Code that came into effect in 1995. The Local Government Act Cap 265 Section 144 of the Local Government Act, headed Acquisition of and Dealing with Land contains the powers of local authorities like the City Council of Nairobi in relation to land. Section 12(c) Legal Arrangements is relevant for regularizing tenure and transferring title to re-settlers. � Under section 144(1), a local authority may acquire land for any of its functions by

way of purchase, lease, and exchange or gift whether the land is situated within or outside the area of the local authority.

� Under section 144(2), a local authority may, subject to the approval of the Minister for Local Government, apply to the government to acquire land compulsorily for any of the functions of the local authority. The purposes of the local authority for which the land is to be acquired is deemed to be a public purpose within the meaning of the Land Acquisition Act, Chapter 295. The expense of acquiring the land compulsorily would be borne by the local authority. The local authority does not itself have power to acquire land compulsorily.

� Under the provisions of section 144(3), Any land belonging to a local authority and not required for the purpose for which it was acquired may, with the approval of the Minister (for Local Government) and subject to such conditions as he may think fit to impose, be appropriated for any other purpose for which the local authority is authorized to acquire land.

Forms of Land Tenure Land in Kenya is held under three forms of tenure • Private ownership where land is held exclusively by an

individual or individuals or company; • Customary tenure-where land is held by the group or community

with the individual or group having user rights. This form of tenure applies to those lands held under the Trusts Land Act where the local authority within whose jurisdiction the land falls holds the land for the benefit of the residents; and

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• Public land (government land) is any land not held by an individual and not trust land.

Under current Kenyan law, tenure can only be regularized through granting of individual title or of holding by the community. Under the Registered Land Act, Cap 300, a maximum of 12 persons can be registered as owners of one piece of land. This protects the interests of many people, but it is still in effect holding land as individuals. This may have implications for some of the proposed compensation measures.

An alternative would be a Community Land Trust. Though there is no legislation in Kenya allowing for this form of tenure, the Ministry of Local Government through its Small Towns Project has initiated the model in the Tanzania-Bondeni Informal Settlement in Voi. The Community Land Trust is an American model. In Voi it involved: • The formation of a society registered under the Societies Act (Cap 108) by the

residents of Tanzania Bondeni. The members made by-laws regulating the conduct of members and dealings with the Societies property; and

• Formation of a trust and incorporation of the trust under the Trustees (Perpetual Succession) Act Cap 164. The trustees would hold the property on behalf of the members of the Tanzania- Bondeni Society.

This precedence, although not covered under the existing Kenyan law, has not yet been challenged. Regularizing tenure and issuance of title to re-settlers would in this case have to involve either individual titles or some form of community title.

Legal Provisions on Notice for Residences and Businesses

If the tenant and landlord of the business or residential premises in the project area have written agreements, then the tenancy will be terminated by giving the notice period provided for in the agreement. If there is no written agreement, which is likely to bethe majority of cases, then one of two statutes will apply to the tenancies in the project depending on whether they are residential or business tenancies.

Residential Premises The Rent Restriction Act, Cap 296 Laws of Kenya applies to residential houses whose standard rent is below KES 2,500 (Standard rent is the rent at which premises were let as at 1st January 1981. If not erected on that date, a rent to be assessed by the Rent Restriction Tribunal). Section 15 of the Act provides that where notice to quit is required to be given in respect of premises, it shall be in writing, and where the required notice is not elsewhere specified in the Act, it shall be not less than one month’s notice ending at the end of a tenancy month.

It is however, unclear whether this Act can properly apply to the premises in informal

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settlements, and whether the landlords know about it or comply with its provisions, like keeping rent books, limitation on rent increases etc.

Business Premises The Landlord and Tenant (shops, hotels and catering establishments) Act Cap 301 Laws of Kenya applies to tenancies of business premises where: � There is no written agreement; � There is a written agreement, but for a period less than five years; and � There is a written agreement for a period in excess of five years, but

with a clause for termination that would lead to termination of the lease in less than five years.

The strange thing about the Act is that since it is intended to protect the tenant, it provides for the manner in which the landlord may terminate a tenancy-by giving a notice of two clear months to the tenant, and the tenant has the right to object and file a reference with the Business Premises Rent Tribunal. It is the Tribunal which then decides whether the landlord’s notice was valid, and whether the tenancy should be terminated.

Section 106 of the Transfer of Property Act of India, 1882, which applies to Kenya, provides that a monthly lease can be terminated by fifteen days’ notice expiring with the end of a tenancy month.

Application for this Project In both the residential and business premises, the existing law is not very helpful. It may get the parties embroiled in the legal processes at the two Tribunals, which can be time consuming and unsatisfactory in outcome. It may be wiser to give a notice of at least three months, depending on the project time schedule.

Notices for Employees

Under the Employment Act, Cap 226 of the laws of Kenya, s14, where: � A contract is to pay wages daily the contract is terminable by

either party at the close of the day without notice. The employee is entitled to the wages for the day; and

� Where wages are payable at intervals of or exceeding one month, the contract is terminable by 28 days’ notice. Where no notice is given, the employee is entitled to one month’s salary in lieu of notice.

The Employment Act does not contain provisions on redundancies, and redundancy applies where a company is laying-off several employees. The law applicable to redundancies is found in the Industrial Relations Charter signed between the government, the Federation of Kenya Employers, and the Central Organization of Trade Unions. It requires that a company wishing to layoff Section 15 of the Act provides that where notice to quit is required to be given in respect of premises, it shall be in writing, and where the required notice is not elsewhere specified in the Act, it shall be not less than one month’s notice ending at the end of a tenancy month.

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It is however, unclear whether this Act can properly apply to the premises in informal settlements, and whether the landlords know about it or comply with its provisions, like keeping rent books, limitation on rent increases etc.

Right of Temporary Occupation of KR Land

Legal Background In earlier discussions with KR, it had been proposed that business PAPs who will be relocated from the safety zone within the KR reserve be given a guarantee that they can remain on KR land for an initial period of three years. This proposal raised some concern among the PAPs, and it is consequently a matter that needs further consideration and consultation with the PAPS. It is important to bear in mind however, that under current Kenyan law, the options for arrangements relating to land where one is not the owner are either a license or a lease agreement.

A license agreement is uncertain for the PAPS because a license can be terminated by notice, in the absence of agreement, even by 24 hours notice. Current KR temporary occupation licenses are terminable by three months’ notice.

A lease agreement for a term and on conditions to be agreed with the PAPs is the best option for those PAPs who will be permitted to build their trading premises on KR land. The rental payment for the leases should however be kept nominal to ensure affordability and avoid displacement.

It is proposed that further discussion and consultations be held between the PAPS and KR to agree on the terms of lease that will safeguard the interests of both PAPs and KR.

The Markets This RAP proposes the development of three markets into which the traders displaced from the safety zone and the footpath would be allocated stalls. However, the creation of the markets will lead to the displacement of 214 residential PAPS, who then need to be re-housed in the housing units proposed to be developed on the railway bypass set aside for that purpose.

Several legal issues arise with regard to the markets and the housing, which need to be addressed before or during the implementation of this RAP. It has been indicated that the markets will be developed on KR land, and will thus be owned by the asset holding company of KR. If ownership will vest in the asset holding company of KR, who will have the responsibility of managing the markets? Three options suggest themselves in this regard: i) That KR will manage the markets itself ii) That the markets will be managed by a corporate body to be formed by the traders iii) That the KR will cede/lease the markets to the City Council of Nairobi for

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management. These and other available options need to be discussed and agreed upon with the affected PAPs.

Construction and Tenure of Housing Units

Three important issues arise with regard to the construction of residential units to house the residential PAPs to be displaced by the solutions proposed under this RAP.

The first relates to the availability of the railway bypass for the construction of the housing units. KR and MOLAH have confirmed that the bypass is available for the construction of the residential units.

The second important issue relates to the acceptability, from an environmental perspective, of the site. The National Environmental Management Authority (NEMA) is mandated by law to consider whether any project undertaken in Kenya is environmentally safe. MOT would therefore need to commission an environmental assessment report to be submitted to NEMA for approval before the project can commence. As the process of obtaining the approval (inclusive of the statutory gazettement period of sixty days) may take about ninety days, it is imperative that the application and assessment commence immediately so that the project will not be delayed while the environmental impact assessment is being prepared and approval from NEMA sought.

The third issue relates to the security of tenure for the PAPs relocated to the housing units. It is essential that they be granted secure tenure so that they will not be required to move from the units without being given alternative accommodation. KR has confirmed that it will grant leasehold tenure of 15 years to the PAPs at a nominal rent sufficient to cover maintenance of the housing units only, until alternative accommodation under the KENSUP Programme or otherwise has been provided. An alternative option is for KR to lease the housing units for 15 years at a peppercorn and a residents’ association be created to collect a service charge for maintenance of the housing units.

Allocation of Market Stalls

For those PAPS to whom stalls in the four market sites are allocated, a lease agreement can be entered into for a term of years to be agreed upon. The agreement would provide for payment of a nominal rent to be agreed between the PAPS and KR. The rent payable should be a nominal rent to ensure affordability and avoid displacement. The owner and/or manager will take the responsibility of providing services such as cleaning, lighting and garbage collection. A crucial issue which will need further consultation with the PAPS is the manner and criteria of allocating stalls in the market to the PAPS.

Below is a simple draft agreement for a lease which can with the appropriate amendments be entered into between the PAPS and the owner/manager of the markets.

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DRAFT AGREEMENT FOR A LEASE

THIS AGREEMENT is made the…………………..day of………………Two Thousand and Five BETWEEN the ………………….. of Post Office Box Number Nairobi (hereinafter referred to as “the Lessor”) of the one part and………… of Post Office Box Number…………………….(hereinafter referred to as “the Lessee”) of the other part. WHEREAS: 1. The Lessor is ……….(describe the terms on which the Lessor holds the markets either as owner (KR) or Lessee from KR) of all that land situate at…..on the Kenya Railway reserve within the Nairobi District of the Republic of Kenya measuring approximately…….metres. 2. Erected on the said piece of land are building comprising market stalls and the usual conveniences hereafter referred to as `the market 3. The Lessee is desirous of occupying the stall marked…. measuring approximately….within the said market. 4. The Lessor has agreed to grant a lease of the said stall to the Lessee for a term of ……(..) years on the terms and conditions set our hereunder.

1. NOW THIS AGREEMENT WITNESSETH as follows:-

1. THE LESSOR GRANTS UNTO THE LESSEE ALL THAT Stall measuring approximately…sq feet and marked Stall No. in red on the map annexed hereto (hereinafter referred to as “the Stall) TO HOLD for an initial term of ……………… years (renewable for such term as may be agreed between the parties) from the ………….day of…………………… Two Thousand and Five to the ……day of……Two thousand and _______ at the monthly rent of Kenya Shillings …..(KShs…...

2. THE LESSEE HEREBY COVENANTS with the LESSOR as follows:-

(a) To use the stall only for the Lessees business of….. ………………………

(b) Not to make any alterations of any nature to the stall without the written consent of the Lessor first had and obtained except such temporary

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structures as may be necessary for the carrying out of the Lessee’ s business.

(c) Not to sub-let transfer charge or otherwise dispose of the stall.

(d) To deliver up the stall in a clean and tidy condition on termination of the term hereby granted to the satisfaction of the Lessor.

(e) To permit the Lessor or its accredited representative at all reasonable times to enter upon the stall and inspect the same.

(f) To permit the Lessor or such person or authority as may be appointed for the purpose to enter upon the stall or any part thereof and lay and have access to sewers water main service pipes telegraph or wires and electric mains of all description whether over-head or underground.

(g) Not to use or permit the stall to be used for the purpose of carrying on any trade or business which has been or may be declared to be dangerous or offensive by the Lessor.

3. THE LESSOR HEREBY COVENANTS with the LESSEE as follows:- That the Lessee paying the rent hereby reserved and performing and observing the covenants agreements conditions restrictions stipulations and provisions herein contained may peaceably and quietly hold and enjoy the stall during the said term without any interruption by the Lessor or any person or persons lawfully claiming through or under it.

4. ANY NOTICE required or authorized by this agreement or by law to be given or to be served on any party hereto shall be in writing. AND the Lessee hereby accepts this lease subject to the condition restrictions and stipulations herein set forth or referred to. IN WITNESS WHEREOF this agreement has been duly executed the day and year first before written. SIGNED by ) )

))

for and on behalf of ) the LESSOR in the presence of :- )

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)))

SIGNEDby the LESSEE in the Presence of:- )

))

Organizational Framework

Introduction

The Ministry of Transport and Communications (MOT) is the owner of the RAP and has the overall responsibility for its implementation. The MOT and KR will take care of the process of RAP approval and seek funding for implementation. It will also have the responsibility for managing relocation activities including compensation to eligible PAPs. The KR has however neither sufficient funds nor the required capacities to maintain the momentum gained during the planning process and to accomplish all the other tasks without additional support. In addition to KR, a number of related key stakeholders have been identified as essential for the final preparatory and implementation phases.

NGOs One NGO that is heavily involved in seeking to support slum dwellers while making way for upgrading actions is the Pamoja Trust. Affiliated with Shack Dwellers International, a multi-national coalition of NGOs based in South Africa and India, Pamoja has been working to find ways to improve the lives of residents in Nairobi’s slums through activities in health, credit, and housing.9 Pamoja has been pioneering participatory process which can have significance across the entire range of slum communities and the whole future of Nairobi urban renewal.

Key Kenyan Ministries and Agencies

A number of Kenyan Agencies that will play an active role during the preparation, implementation and monitoring of the RAP are listed below.

9 COWl and Pamoja worked as a team to put together the first draft of this relocation action plan (RAP) to improve

safety in view of the imminent concessioning of rail operations.

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Ministry of Finance The Treasury has the overall responsibility for funds allocated for this project as well as for the overall concession of KR.

Ministry of Land and Housing (MOLAH) Within MOLAH two Departments will have direct influence on the RAP preparatory and implementing activities.

• Department of Physical Planning is in charge of settlement planning. Before any

government land can be considered for allocation, a physical development plan needs to be prepared by this department.

• Department of Housing into which the overall operation of the KENSUP Programme is hosted. Agreement on overall guiding principles for relocation and compensatory measures are key issues of the department. .

• The Office of the Chief Valuer deals with valuing land to be bought for government use. For example, when land has been identified for the relocates from Kibera outside the KR Reserve, the Valuer’s office has to analyze it and to determine its value.

• A request can be made to the Commissioner of Lands to allocate government land for resettlement or relocation. The Minister can also request the Commissioner to compulsorily acquire private land for public purposes (such as relocation).

• Deputy Director of Land Adjudication and Settlement- The duties of the Deputy Director are to adjudicate issues relating to land ownership and to settle landless people. The Department has the authority, working with the Commissioner of Lands, to allocate land. Land allocation cannot take place without the involvement and approval of the Commissioner of Lands. The Department of Land Adjudication and Settlement either formalizes land ownership by squatters.

• Department of Housing. This Department plays the coordinating role of the KENS UP project while other Government institutions are engaged to contribute their areas of competence and mandates.

Ministry of Local Government/Nairobi City Council While the Director of the Department of Physical Planning, MOLAH, prepares Development Plan for eventually new development sites, the NCC’s Department of City Planning may require the observance of Code 95, the City Building Code.

Ministry of Transport and Communication The Ministry of Transportation and KR can allocate land within the KR reserve for relocation purposes.

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The Kenya Slums Upgrading Program (KENSUP) The Government, in collaboration with UN-Habitat, has undertaken to embark on a Kenya Slum Upgrading program -KENSUP. The Department of Housing, MOLAH, is responsible for coordinating the KENSUP programme country wide, with the first pilot project being situated in Soweto village, Kibera. KENSUP has developed a set of draft concepts for resettlement including the Land Tenure Options for the Kenya Slum Upgrading Program. The Consultant maintained a close working relationship with KENSUP throughout the planning and Relocation Action Plan completion process. For example, the Major Principles for Relocation described in the section Valuation and Compensation of Losses of this RAP have been discussed and finalized with KENSUP staff. KENSUP is also working in Kibera. Continuation of this dialogue and consultation between the two projects during the preparation and implementation of the RAP is considered crucial.

Provincial Authorities Involved in Implementation

Involvement and support of the provincial authorities and the affected PAPs is considered essential for a successful implementation of the relocation. The Provincial Administration is headed by the Provincial Commissioner who has the responsibility for the whole Nairobi Province. The Nairobi Province has eight Divisions, each headed by a Divisional Officer. Below the divisions are Locations headed by Location Chiefs, assisted by Sub-chiefs at the village levels. Here the formal administrative structure ends; the informal heads of the villages are the Clan Elders who are not Government staff. Annex A.3 shows the administrative structure for Kibera, including the division into six segments that are operational units (clusters) for the planning, preparation and implementation of the RAP. Annex A. 4 shows the similar administrative structure and the segments/clusters for Mukuru. It is at the level of these segments (or clusters) that the consultation with the PAPs needs to take place in order to be effective and to involve all affected PAPs. Experience from the planning process has shown that information and consultation at higher levels did not reach all affected PAPs and would not facilitate the level of participation of the affected PAPs required for a successful implementation.

Proposed Organizational Framework

Below is a proposed organizational framework for the RAP preparation and implementation phase (months 1 to 36).

KR, Ministry of Transport, Head of Project Implementation Unit Coordination and Monitoring

Project Dedicated Implementation Unit Management; Preparatory and Implementation activities

Government Technical Staff, KENSUP Programme

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Proposed Technical Consultants

To augment and complement the capacities of the KR and the NGO for the preparation and implementation of the RAP, the following technical consultants are proposed: Local Consultants: • Public consultation/Information specialist: • Engineer: and • Legal specialist The technical consultants are to assist with the completion of tasks related to the preparation and implementation of the RAP. These are described in detail in Annex D.2 for the preparatory phase and in Annex D.3 for the implementation phase.

NGOs

Technical Consultants

Divisions/ Divisional Officers

Locations/ Locational officers

Project segments: Affected PAPs, Churches, local leaders, and political leaders

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Eligibility for compensation

Criteria for Eligibility

Any person affected by this project in one of the following ways is eligible for compensation and other relocation assistance: The involuntary taking of land resulting in

i. relocation or loss of shelter; ii. lost of assets or access to assets; or

iii. loss of income sources or means of livelihood, whether or not the affected persons must move to another location. The following criteria determine the overall eligibility: • Within project affected area at the cut-off date (January, 8 2005 and August 12,2005); • Relocation away from their current location; and • Verifiable registration during enumeration. In accordance with the OP 4.12, the absence of legal title to land or other assets is not, in itself, a bar to compensation for lost assets or to relocation assistance.

Means of Verification

The means of verification include: • Enumeration card given to each enumerated PAP; • Video taken on the cut-off date in the January enumeration; • Updated maps of the affected project areas; • Database with completed enumeration form and photos of the affected PAPs; and • Verification of the enumeration to be completed by month 4 of the preparatory phase.

Eligible PAPs

Table 7.1 below provides a summary of PAPs affected by this project and eligible for compensation and other relocation assistance. Details on segment basis are provided for each category in Annex B.1 (Matrix of Relocation Impacts). The Matrix includes information on economic displacement, impacts on structures, means of display and infrastructure/other fixed assets as well as impacts on crop land10.

Eligibility for compensation

10 PAPs affected by loss of crop land have not been enumerated. This will be done during the verification.

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Criteria for Eligibility

Any person affected by this project in one of the following ways is eligible for compensation and other relocation assistance: The involuntary taking of land resulting in

iv.relocation or loss of shelter; v.lost of assets or access to assets; or

vi.loss of income sources or means of livelihood, whether or not the affected persons must move to another location. The following criteria determine the overall eligibility: • Within project affected area at the cut-off date (January, 8 2005 and August 12,2005); • Relocation away from their current location; and • Verifiable registration during enumeration. In accordance with the OP 4.12, the absence of legal title to land or other assets is not, in itself, a bar to compensation for lost assets or to relocation assistance.

Means of Verification

The means of verification include: • Enumeration card given to each enumerated PAP; • Video taken on the cut-off date in the January enumeration; • Updated maps of the affected project areas; • Database with completed enumeration form and photos of the affected PAPs; and • Verification of the enumeration to be completed by month 4 of the preparatory phase.

Eligible PAPs

Table 7.1 below provides a summary of PAPs affected by this project and eligible for compensation and other relocation assistance. Details on segment basis are provided for each category in Annex B.1 (Matrix of Relocation Impacts). The Matrix includes information on economic displacement, impacts on structures, means of display and infrastructure/other fixed assets as well as impacts on crop land11.

Table 7.1 PAPs Affected by and Eligible under the project (January Enumerations)

11 PAPs affected by loss of crop land have not been enumerated. This will be done during the verification.

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Category of PAP Kibera Mukuru Total

Mobile vendors 276 114 390

Businesses 1,047 706 1,753

Residents 78 113 191 Businesses cum residents

39 15 54

Institutions 7 2 9

TOTAL 1,447 950 2,397

Table 7.2 PAPs affected by eligible under the project(August 2005 Enumeration) Category Unit Kibera Physical and economic displacement nos 12701. Mobile vendors occupying space nos 562. Businesses nos 5442.1 Business, Structure Owners persons 954 2.2 Business, Tenants HH 4642.3 Business Employees persons 361 3. Residences nos 5543.1 Residents, Structure Owners persons 409 3.2 Residents, Tenants HH 13064. Residences cum Businesses nos 974.1 Residences cum Businesses, structure Owners

HH 129

4.2 Residences cum Businesses, Tenants

HH 110

4.3 Residences cum Businesses, employees

persons 65

Valuation and compensation for losses

Classification of PAPs

Table 8.1 defines the various enumerated PAPs within the project.

Table 8.1 Definition of affected PAPs

Projected Affected Persons (PAPs)

Definitions

PAPs All members of a household, whether related or not, operating as a single economic unit, who are affected by a project, losses the right to own, use or otherwise benefit from a built structure, land (residential, agricultural or pasture),

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annual or perennial crops and trees, or any other fixed or movable asset, either in full or in part, permanently or temporarily.

Mobile vendors Vendors of all types, who may have spots or places where they sell on a regular basis and as a result may have a regular clientele that guarantees them a steady, although low income.

Businesses Business owners who operate in their own structure and/or tenants operating in a partly or fully rented structure.

Residents Structure owners who occupy the structure or tenants occupying purely residential structures partly or fully.

Business cum residences

Structure owners or tenants occupying part of a structure as residence and operating business from the same structure.

Institutions Service facilities such as schools, kindergarten, place of worship, NGOs/CBOs, clinics etc.

Governing Principles for Relocation

The overall governing principles for valuation and compensation of losses are summarized below. • Consistent and continued consultation and information at the community level throughout the relocation planning, preparations and implementation to facilitate participation, common understanding on relevant issues and to improve sustainability; • All occupants are eligible for compensatory measures (World Bank OP 4.12 § 15 c and § 16); • KR will grant land leases for the new sites within KR reserve on terms to be agreed with the PAPS. • PAPs relocated in the housing units within the railway bypass will be granted security of tenure till resettlement under the KENSUP or similar programme on terms and conditions to be agreed between KR and the PAPs. • The leases of land, markets and housing units for relocation as well as the replacement sites and facilities for the relocation need to be in place before moving PAPs to facilitate quick and smooth relocation and minimize losses of income; • Three permanent markets sites within the KR reserve will be developed for traders. These sites will include basic sanitation facilities. • The rents to be paid by the PAPs relocated to KR land markets and housing will be nominal rent so as to ensure affordability and avoid displacement. • Affordable and accessible mechanism for grievance procedures will be established for third party settlement of disputes. This mechanism will take into account community and traditional dispute settlement mechanism as well as the availability of judicial recourse. It will be reconciled with the GOK mechanism if such mechanism will be in place by the time the implementation starts; • There will be no direct cash compensation. Compensation will be in kind or in the form of services; • PAPs and absentee structure owner, who were absent during the enumeration are not entitled to compensation. Exceptions to be made for people who can show fully that they were absent from

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the enumeration for compelling reasons; and • Consultations with relevant stakeholders including KENSUP.

Type and Level of Compensatory Measures

There is currently no law in Kenya that would provide a basis for calculation of compensatory measures for losses due to involuntary resettlement. The Consultant therefore followed the OP 4.12. as a guide and subjected it to prevailing local circumstances. Accordingly, the compensatory meas-ures reflect Kenyan standard of living and provide guidance on adequate compensation enabling the affected persons to maintained or improved daily living.

Table 8.2 Proposed types of compensation

Figure 8.2 Type of loss and compensatory measures for different categories of PAPs

Affected category

Type of loss Compensatory measures

Mobile vendors Loss of trading location/space with subsequent loss of income from trading

1. Provision of financially “equivalent” unchallenged spots within their present locations (empty spaces) or as near as possible to their current locations. 2. Relocation to market sites offering equivalent or higher income opportunities within KR reserve and in direct proximity to clientele (financially equivalent locations) 3. Relocation to permanent markets developed within the KR reserve. 4. Relocation to business units within the railway bypass relocation site

Business owners

(owner operated)


Lack of structure to house the business.

1. Provision of financially “equivalent” unchallenged spots within their present locations (empty spaces) or as near as possible to their current positions. 2. Relocation to market sites offering equivalent or higher income opportunities within KR reserve and in direct proximity to clientele (financially equivalent locations) 3. Relocation to permanent markets developed within the KR reserve. 4. Relocation to business units within the railway bypass relocation site. Assistance with moving for those who are disadvantaged (single women with children, the handicapped etc)

Tenants of businesses (tenant operated businesses)



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2. Relocation to market sites offering equivalent or higher income opportunities within KR reserve and in direct proximity to clientele (financially equivalent locations) 3. Relocation to permanent markets developed within the KR reserve. 4. Relocation to business units within the railway bypass relocation site 5. Assistance with moving for those who are disadvantaged (single women with children, the handicapped etc)

Employees in businesses

Possible loss of job (can only be established during relocation).

1. Only for those who will not continue employment in relocated businesses. 2. Legal counselling on their rights for compensation from employers (by TA legal adviser): 3. Skills training: 4. Information on optional employment opportunities (Implementer): and 5. Linking with small scale credit providers to finance start up business

Structure owners who occupy their structures

Loss of shelter 1. Replacement shelter with the same or better amenities in unchallenged spots within the railway bypass relocation site. 2. Access to social infrastructure and services (schools, means of public transport etc.) of at least the same level as in their current locations. 3. Assistance with moving for those who are disadvantaged, with special attention to the needs of vulnerable groups (such as single female headed households with small children, the sick and the handicapped)

Tenants in residential structures

Loss of shelter 1. Replacement shelter with the same or better amenities in unchallenged spots within the railway bypass relocation site. 2. Access to social infrastructure and services (schools, means of public transport etc.) of at least the same level as in their current locations. 3. Assistance with relocation for those who are disadvantaged with special attention to the needs of vulnerable groups (such as single female headed households with small children, the sick and the handicapped)

Residences cum businesses: Structure owners (who live and trade in their own structures)



1. Replacement shelter with the same or better amenities in unchallenged spots within the railway bypass relocation site. 2. Access to social infrastructure and services (schools, means of public transport etc.) of at least the same level as in their current locations 3. Provision of financially “equivalent” unchallenged spots within their present locations (empty spaces) or as near as possible to their

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(empty spaces) or as near as possible to their current locations. 4. Relocation to market sites offering equivalent or higher income opportunities within KR reserve and in direct proximity to clientele (financially equivalent locations) 5. Relocation to permanent markets developed within the KR reserve 6. Relocation to business units within the railway bypass relocation site


Tenants of residences cum businesses

Loss of shelter, loss of trading location with subsequent loss of income from trading

1. Replacement shelter with the same or better amenities in unchallenged spots within the railway bypass relocation site 2. Access to social infrastructure and services (schools, means of public transport etc.) of at least the same level as in their current locations 3. Provision of financially “equivalent” unchallenged spots within their present locations (empty spaces) or as near as possible to their current locations. 4. Relocation to market sites offering equivalent or higher income opportunities within KR reserve and in direct proximity to clientele (financially equivalent locations 5. Relocation to permanent markets developed within the KR reserve Relocation in business units within the railway bypass relocation site 6. Assistance with moving for those who are disadvantaged (single women with children, the handicapped etc)

Institutions Loss of location and structure for the institution. Loss of service for the community

Loss of strip of land

1. Moving movable structures to a nearby location within the KR reserve. 2. Use of public facilities within the markets developed on the KR reserve 3. Replacement of fences and to the degree possible lost strip of the land for the institution to remain functional.

Infrastructure and other assets

Loss of service to the community Replacement to the estimated cost

Relocation Measures

Guiding Principles

This chapter describes relocation measures to be taken for vendors, traders, and residents from the zones where clearance will take place, that is, from the 10.4 meter rail safety corridor (5.2 metres on either side of the centre line of the track), the new footpath, and the market structures to be built.

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The next chapter describes the footpath and the markets which will replace those being relocated.

The guiding principles of the RAP are to minimize relocation and related costs, seeking solutions that do not delay the concession, consultative process with the communities and involvement of all relevant stakeholders. Every effort shall therefore be made to relocate the PAPs within as short a time as possible, preferably within a day, to avoid or to minimize losses of income. Relocation is therefore to take place after the consultations, legal procedures, construction and infrastructure works related to the relocation sites have been finalized and consensus reached on which PAP is to move where: Sites for development of three permanent markets within the KR reserve have been identified. Traders will be relocated to these markets once construction is complete and the relocation can proceed. Residential PAPs relocated from the footpath and the permanent market sites will be re-housed in housing units to be developed by KR on a railway bypass on the periphery of Kibera. The KR has confirmed that the land is available for development of housing. The housing units and markets need to be ready before the commencement of the relocation exercise. A verification of the enumeration carried out in January 2005 has been done. The margin of error has been reduced following the verification to 1%. A verification of the August enumeration needs to be undertaken prior to implementation of the project. Further verification for January also needs to be carried out. To achieve the main purposes of the verification (decreasing error and facilitating relocation), an information campaign and intensive, ongoing dialogue with all affected PAPs, is essential and needs to be continued throughout the preparation and implementation of relocation activities. Only if all affected people from each village have the required information and the opportunity to participate in the verification process is there a chance that they will participate and support the relocation. This consultation should be led by the KR who should enlist the support of the local Government (DOs, Chiefs) local NGOs and CBOs, senior community leaders who are recognized by the affected PAPs and who supported the enumeration process, the religious leaders and any other relevant stakeholders.

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Relocation of Mobile Vendors and Traders

Mukuru In Mukuru, 11.504m2 are available for market places within the KR reserve. 0f these about 9.680m2

are required to accommodate all enumerated 114 mobile vendors occupying space as well as all 706 enumerated businesses. One of the sites is in Sinai village (km521.970 to km522.485 right of the rails). This site measures 2.060m2. The second larger site (Lunga Lunga 1) measures 7.620m2

and is located on the left side of the rails (km519.500 to km521.424). Space required to accommodate vendors and businesses has been calculated as follows: (average size of mobile vendor’s display = 1m2 x number of mobile vendors) + (average size of businesses = 8m2 x number of businesses) times 1.68. The multiplier 1.68 covers estimated space for foot path, latrines, water supply and spaces between lines of traders. (See also footnote 20 to Annex D 1 Itemized cost estimate).

Kibera The formula used for calculation of space required to accommodate businesses that are unlikely to fit into empty spaces is the same as for Mukuru. All 283 mobile vendors occupying space enumerated in Kibera can be accommodated in empty spaces behind, and mini markets possibly by rearranging the existing sites and displays. Five small market sites have been identified within the KR reserve together measuring 3.505m2.These are: km535.570 to km535.595 left (Ngumo) equal to 375m2; km535.925 to km536.150 right (Laini Saba Kwa Chief) equal to 2.350m2; km536.700 to km536.730 left (Mashimoni) equal to 180m2; and at km 537. 490 equal to 600 m2. These can accommodate some 260 traders. The estimated 1331 businesses (787 businesses to be relocated due to safety zone, 131 due to construction of the market locations and 413 due to construction of the foot path in Kibera) will be located within the three market sites proposed to be developed within the KR reserve namely Laini Saba to take 518, Mashimoni to take 518 and Gatwekera to take 386.

Relocation of residents

The following options were identified in discussions with relevant projects and authorities and a preliminary design done. Proximity to work places have bee considered with respect to residential relocation.

The Railway by pass reserve site location

The site is sandwiched between the Southern By-Pass and Moi Otiende Estate. It is bordered by Southlands Estate on the East direction and by Jamhuri show grounds on the Western direction. The site topography slopes gently towards the valley that abuts the main Kibera settlement. The full extent stretches to Langata road to the east.

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Site plan layout

The site layout responds to the existing natural topography by retaining the drainage channels at the areas where the existing natural drainage occurs. This would in effect avoid unnecessary cost of rerouting the drainage. The motorable roads are proposed to run alongside the drainage channels. Generally, the traffic is handled at three levels. At the first level, it is proposed that a six meter wide slip road be created next to the fast traffic bypass for accessing the settlement. This road is designed to be a top of lateritic natural gravel and single sided drain made of concrete modules at width of 6.0m. This would also form the frontage for the shopping spaces. At the second level, six meter wide access roads to the settlement would connect to the slip road. At the third level, the access roads would further branch in to three meter wide footpaths that lead to the different settlement clusters. A pedestrian corridor at the centre of the settlement forms the main internal circulation spine in the settlement. The pedestrian footpaths like the roads will be a top of lateritic natural gravel and drained.

EXISTING SETTLEMENT

PLAY FIELD

EXISTING INSTITUTIONN

EXISTING INSTITUTION

6/,3�52$'SCHOOL

6287+(51

�%<�3$66

$&&(66�52

$'

Figure 9.1 Relocation site layout plan

The shopping units along the slip road form a front to the bypass with controllable openings where there are access roads in to the settlements. On the border with Onyonka estate, the housing units form a continuous back. The settlement clusters are formed in an organic manner and comprise of open spaces at different scales. A primary open space of at least 2.4 meter width occurs between dwelling units facing each other. These primary spaces are connected to a larger open space measuring at least one hundred square meters and shared amongst twelve dwelling units on average. These large open spaces are further interconnected across the twelve main clusters and also to the main pedestrian circulation spine along the middle of the settlement. The intersection points of the pedestrian circulation spine and the access roads forms nodes and spaces that further enhances the quality of the open spaces.

A primary school is proposed at the eastern end of the settlement and next to an existing play field which will be retained and upgraded to serve both the school and the settlement community at large.

Housing

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The basic unit comprises of two room spaces with a total area of 25m2. These spaces comprise of a lounge and a bedroom with centrally positioned utility spaces in the form of a toilet cum shower and a cooking space. In total, there are eight hundred two roomed units.

Figure 9.2 Floor plan for typical unit

6,250

200 2,850 150 2,850 200

��

��

��

��

��

��

200 1,740 200 900 150 960 150 900 200 650 200

wc/shower

Cook Entry lobby

Cement screed floor finish

Bed room

Total area = 25 sq. M

A B C D E

1

2

3

x

x

Cement screed floor finish

Lounge

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Figure 9.3 Typical unit-section

�� 600

��

��

��

��

��

��

dpm layer

kitchen w orktop with storage space underneath

timber door

200X600mm concrete strip foundation

200mm masonry foundation walling

200mm thick masonry w alling, bugg wash finished on the inside and exposed stone finish outside

ADJACENT UNITS ATTACHED BACK TO BACK SHARING WALLS

Overhead storage shelves

150mm thick concrete floor slab

18deg. GCI lean-to roof on 50x75mm purlins on 50x100mm timber rafters

200X300mm concrete ring beam

Masonry parapet wall to details

Cooking area Lounge

3 2 1

The main construction materials are masonry construction stones for walling and iron sheets for roofing. Masonry construction stones have been chosen due to their reuse value when this temporary settlement is eventually demolished. The resulting rubble would be readily used as hardcore for the base of a railway line being constructed there. Overall, the construction technology would be of a community participatory labour intensive nature to benefit the beneficiaries, involve them and hence develop the sense of ownership while also minimizing on the overall cost.

Taking an approximate cost of Kshs. 9,000 for each square meter of the residential houses, the total cost of putting up the two roomed unit is Kshs 225,000. The infrastructure budget is included in the footpath budget for Kibera.

Shopping and workshops.

For purposes of creating business opportunities, the units forming the hedge fronting the bypass have been designed as business stalls. The design of the shopping spaces is based on the same formal typology as the residential houses in order to allow easy adaptation of the spaces in to either the residential or the business functions. Each shopping unit is made up of two separate stall spaces with an open front to the street and two lockable storage rooms at the back. Each stall space can be shared between two vendors.

There are seventy five business units fronting the main road. With each unit divided into two stalls and each stall shared between two vendors, these can accommodate a total of three hundred vendors. Sanitary services in the form of a water closet and bathroom are shared between every ten rooms of shopping space.

The business units will adopt the same construction materials and techniques as for the residential houses.

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In summary, there are;

�� 800 two roomed dwelling units;

�� 75 two roomed shopping stalls

It is estimated that the housing component will comprise of 875 units at Kshs. 225,000 each, in total Kshs.196,875,000.

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The construction process for the houses, shopping spaces and the workshops will have the following phases;

Figure 9.4 Phases for the construction of the relocation houses

Construction phase

Implementation activity

Phase 1 Site clearance and preparation Removal of tree stumps and other plant materials from the construction site, the clearance and leveling of access roads, the setting up of the onsite material storage sheds, sanitary facilities and working bases.

Phase 2 Excavations and earthworks Digging up and removal of the soil from the strip foundation trenches, removal of the top soil from the floor slab areas.

Phase 3 Concrete works Setting of form works and reinforcement and the actual concreting of the strip foundation, e floor slab.

Phase 4 Waterproofing Laying of the damp proof membrane and course.

Phase 5 Walling Construction of the masonry stone walling and the concrete ring beam.

Phase 6 Roofing Construction of the timber roof and the nailing of the galvanized corrugated iron sheets roof cover.

Phase 7 Carpentry, joinery works and fittings Fitting of the timber door frames and their shutters, the kitchen timber shelves, the casement steel windows and doors, the fresh and waste water piping, the shower and water closet fittings, the kitchen sink, electrical fittings

Phase 8 Finishes Keying and joint refilling of external walls, baggy washing of internal walls, painting of internal walls, painting of doors panes, painting of window and door panes.

Phase 9 External works – drainage Construction of the open invert blocks storm water drains, the foul water drainage system.

Phase 10 Site works Construction of the lateritic natural gravel foot paths and roads, the manhole covers and the sewer system to the existing network.

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Flexible Engineering Solutions

The main objectives of the flexible engineering solutions are: • To establish a continuous corridor for the pedestrian traffic, i.e. a footpath, alongside the existing railway line within Kibera and Mukuru to attract pedestrians away from the railway; • To create orderly level and foot bridge crossings to steer pedestrians traffic running transversal to the railway into fewer and more manageable areas; and • To prepare alternative market areas (for relocation of traders away from the rail track and other areas consequently affected) • To prepare alternative housing locations and models (see Chapter 9). In the following sections are preliminary engineering designs and description of the proposed solutions to improve overall human and railway safety within the Kibera and Mukuru areas. Relevant developed and detailed cross sections are referred to in Annex C.

Engineering Solution –Sustained Improvement of Railroad Safety

Guiding Principles It is a known fact that unlike other traffic such as motor vehicles, bicycles etc, pedestrians cannot be forced to follow specific routes unless extraordinary measurements such as fencing etc are applied. The optimization of the new pedestrian corridor (footpath, level crossings and footbridges) therefore relies on its ability to attract people away from their current path of transport. In order to accomplish this, the corridor must provide something to the user, which the current path, i.e. the railway line, does not. For schematic outline of the various proposed preliminary designs, please refer to Annex C-1.

Detailed Description of the Flexible Engineering Solutions Below is a detailed description of various identified and assessed workable flexible-engineering solutions sustaining a clearance of the future extended safety zone. Please also refer to Annex C-1 for developed cross-sections. Footpath The solutions proposed for the geometry and design of the footpath offers the following benefits to the user (compared to the existing route): • Safety, due to its location outside the railway safety zone ; • Dryness, by better drainage and choice of material: and • Evenness, from foundation and choice of material. • Minimize its impact by following the path of least resistance. It follows existing routes. The new footpath is designed to connect existing routes. • Flexible and designed to be integrated with a future road foreseen in the Kibera master plan. • To be connected and integrated to the markets.

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Furthermore, the new footpath provides for continuous corridor (like the railway line) and the same connectivity to existing footpath infrastructure. Initially, the revised footpath design respects the present utilization. In some areas like Kisumu Ndogo, the footpath has been designed on both sides of the track. These areas are: �� Where the population density is very high

��Where the nature of the terrain does not lend itself to a single footpath for instance where there is a cutting or filling.

Detailed description of the footpath

The footpath generally follows a route of least resistance. The footpath consists of two main components; the verge and the carriage way. The verge is a channel drain of pre-cast concrete elements of overall size 300 x 450mm and channel 125 x 250mm drain laid to fall. The verge limits the extent of the footpath on the lowest side. The purpose of the channel is to drain storm water away from the footpath essentially keeping the footpath dry throughout the seasons. The specified drain is shallow and cannot inhibit crossing by cars.

The footpath carriage way consists of 25mm asphalt surface to act as smooth finish, laid on 250mm murram fill, 250mm compacted quarry chips and natural fill to obtain levels. The composite construction is elaborate, but essential to manage the existing surface which is uneven and in some places filled with various materials. It is important to obtain a uniform and stable base as foundation for the footpath. The footpath remains the only viable accessible network throughout Kibera. It is intended to cater for extra loading for carts and wheel barrows commonly used for transporting goods within the informal settlements. The composite foot path will be applied for both new footpaths as well as for improvement of existing footpaths. The width varies from 2 meters minimum to 3 meters maximum with an inclination of 1:40.

On the narrow and high embankments, where the gabion solution was originally proposed, it is now proposed to have a footpath detailed as above but following the existing footpath and opening a new foot path. The gabion solution is proposed in a new area where fresh dumping has covered the footpath route consequently necessitating the building of gabion supported footpath and remains viable in Mukuru.

Together with these basic requirements, factors such as impact on existing constructions (including traders), footpath width, proximity to current transport corridor (the railway line), vertical straightness, traffic flow and risk of intrusion into the railway safety zone have all been considered and balanced into the preliminary design.

The basic layout of a typical footpath is shown in Figure 10.1 below. The layout in principle, as the footpath width, varies along the line section. For specific description of the footpath both in Kibera and Mukuru, please refer to Section 10.2 and 10.3 as well as tables 10.2 and 10.5.

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Figure 10.1 Typical footpath cross section.

The relation between the railway and the new footpath has been considered only where there is an immediate need to reinforce the railway embankment in order to preserve the current status and such railway repair works as might undermine the sustainability of the new footpath. In such cases, a minimum reinforcement of the railway has been included. However, the aim of the proposed reinforcement of the railway embankment is to stabilize the current situation, not to reach a specific KR compliant technical level. It is not however in all cases considered necessary to fill the railway embankment to its nominal section to reach a stable new footpath. The railway safety zone is to be marked through the entire section in both Kibera and Mukuru. When the existing railway profile is higher than or even with the surrounding terrain the boundaries of the railway safety zone marking is to be enhanced with used railway steel sleepers- unless specific conditions enable other solutions. Typically this is the case on the high narrow embankments.

In some sections, the existing railway embankment or the surrounding terrain does not allow for a footpath to be established in the usual way and then a gabion retaining wall has been included in the design. This type of retaining wall can accept a certain amount of movement without being damaged and can also be included in a later complete repair of the embankment (filled over).

Figure 10.2 Gabion supported footpath Level Crossings

S t o n e c h ip p i n g( A g a i n s t E r o s io nStone pitching (Against erosion)

precast concrete(principle )

1:30 25mm asphal t top

Compressed natural lateritic gravel(Murram)

15mm asphalt top

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The same philosophy as mentioned above applies for the new level crossings. However, they obviously cannot be located outside the railway safety zone. To be as safe as possible they should therefore allow for fast and easy evacuation from the railway safety zone and provide visibility in harmony with actual evacuation times. Kenya Railways have a standard for minimum visibility at ordinary road level crossings (of 300 feet or about 100m) but no written requirements on pedestrian level crossings. It is therefore likely that the proposed layout for pedestrian level crossing needs approval from KR in connection with the detailed design. For the Kibera area, nearly all new level crossings need to be situated at the end of rock cuttings which limits the visibility to below 100m.Two whistle signs on both sides of the level crossings along the railway are subsequently recommended in the design. This instructs the train driver to blow the horn in order to warn anyone in the level crossing area.

5 0 m 5 0m 5 0m 5 0m

W hist le si gn

L e ve l C ro s si ng s i g n Figure 10.3 signs surrounding a new level crossing

For rapid and safe evacuation of the railway safety zone, it is of prime importance to prevent people, bicycles, handcarts etc. getting stuck between the rails. This will be achieved by installation of a prefabricated concrete slab between the rails. The top of this slab is flat and it will be slightly beneath the top of the rail when installed. The underside of the slab will be formed to rest partially on the sleepers and partially on the excavated ballast in between. Thus, the longitudinal position of the slab is controlled by the sleepers and the transversal position by the rail foot. The slab is designed in concrete and not wood to secure maximum weight to avoid the “removing” factor. A standard slab could be use for all the level crossings. However, since some of them are in a curve or a transition curve the standard slab could be prepared for that by allowing corners of the slab to be cut off.

Sideways support against r ail foot Distance between sleeper

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Figure 10.4 Principle for level crossing slab

Neither the proposed general layout of the level crossing (visibility, signs etc) nor the concrete slab itself is intended for cars or heavier vehicles. In order to avoid such vehicles from using the crossing the markings of the railway safety area of vertical used steel sleepers should be concreted to improve stability and resistance against being overrun.

le ve l cro ss in g

7 m

b o rd er m ar kin g o f ve r tic al us ed stee l s le ep e rs co n cre ted (ce n t re to ce nt re 1.5 m

b o rd er m ar kin g o f ve rt ic al us ed st ee l s le ep e rs d ug in (ce n t re to ce ntre 1. 5 m

Figure 10.5 Border markings around a new level crossing

Foot Bridge Crossings The same philosophy as mentioned above applies for the new footbridge crossings. All the footbridge crossings will be located within the railway safety zone. To be as safe as possible they should therefore allow for a clear height of seventeen feet. Kenya Railways have a standard for steel girder bridges and road overbridges requiring robust construction and a minimum four feet high balustrade. The proposed layout for pedestrian footbridge crossing meets KR standards for preliminary design. For the Kibera area all new footbridge crossings will be situated at the market sites described hereafter.

For uninterrupted crossing the new footbridge crossings will be located within the railway safety zone. This is of prime importance to prevent people, bicycles, handcarts etc. crossing the rails especially at the markets. This will be achieved by installation of a prefabricated concrete slab footbridge and in situ concrete ramp above the line. The bottom of this slab will be at least seventeen feet when installed. A standard section could be used for all the bridge crossings. However, since some of them are in a transition curve the standard section could be prepared for that by allowing corners of the section to be set to meet specific site conditions. For further drawings see Annex C

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Figure 10.6 Principle for footbridge crossing section.

The proposed general layout of the footbridge crossing (visibility, signs etc) is not intended for cars. In order to avoid pedestrians from crossing the rail at bridge crossings, the markings of the railway safety area of vertical used steel sleepers should be concreted and markings enhanced to improve stability and minimize on level crossings.

Bottom of bridge should be 17 feet above the rail tracks

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foot bridge above

7 m

bord er m ar king of vertic al us ed steel s leepers concreted (cent re to cent re 1.5 m

border mar king o f ve rt ic al us ed steel s leep ers d ug in (cent re to centre 1.5 m

Figure 10.7 Border markings around a footbridge crossing

Implementation Both the Kibera and the Mukuru areas are very special with regard to the commencement of the construction works. First of all there is basically only one way of transport for materials and machinery into the areas namely the railway itself. Secondly, the risk of theft and vandalism is obvious making it impossible to leave machinery or materials unguarded or unlocked over night or weekends. Thirdly, Kibera, especially, is very densely populated meaning that the construction works might also temporarily affect inhabitants outside the area of impact.

Detailed Design The design work performed in connection with the Relocation Action Plan preparation is a preliminary design aiming at establishing an overall view, volumes and outline cost implications. The preliminary design is for certain elements adequate to initiate actual construction work. However, to secure full scale implementation it is necessary to perform detailed design for a number of details. This includes: • Further surveying of the work site to establish longitudinal profile of the foot paths. • Further Surveying of the work site to establish systematic cross sections; • Detailed analysis of the stability of the high narrow embankments; • Detailed designs of level crossings slabs; • Acquirement of formal approval from KR and other relevant authorities for the proposed level crossing design, footbridge crossings and Markets and • Investigation of sites within Kibera and Mukuru where a contractors equipment can be stored safely between working hours (guarding might be necessary).

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• Detailed design of the housing and relocation site. Procurement of Construction Works Since rubber wheeled or, even worse, caterpillar driven vehicles running along the railway line might damage the track it can be assumed that all transportation must be made with railway wagons on the railway itself. There are three issues involved in this. Firstly, since the existing line is a narrow gauge railway its ability to transport large machinery and bulky materials is limited. This must be considered and described when tendering for construction works. Secondly, the issue of unloading/loading of material and machinery from railway wagon somewhere on the line needs to be solved. This might call for temporary but special installations on site. Each tender for the construction works should be required to show how it has planned to do this so that it can be assessed together with all other factors during the evaluation of the tenders. Third is the matter of blockage of the railway line. The construction works cannot be allowed to block the railway line more than is absolutely necessary and therefore temporary roads and storage areas are likely to be necessary. These should also be asked for and assessed during procurement, especially since this is likely to have a local but major impact on inhabitants and the structures. Another factor to consider before and during procurement is the possibility of engaging the local community to perform some parts of the work. This is important since it would increase the inhabitants’ acceptance of the implemented measures and thereby improve sustainability. This work should be done under the supervision and responsibility of the successful contractor and as part of his scope. The extent of works which can and will be performed by the local community should be shown by each tender and it can then be evaluated during procurement. Finally, the transport scheme by the railway should be made known to each tendering contractor so that everyone has the same conditions to plan from. The unit prices in our estimates are based on the assumption that KR delivers these transports without additional costs. Impact During Construction As mentioned, temporary roads and storage areas are likely to be necessary during construction. The extent of these and their impact on the surrounding area can not be estimated before detailed design and possibly also tendering has taken place. However, it could be assumed that any effects are of temporary nature, either de-facto or required during tendering. This issue should also be included in the overall community dialogue.

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With regards to impact on the railway from the constructions themselves these are of course intended to be minimal. For those sections the absolute position of the track should be continuously monitored during and after construction works.

Construction Period Based on an average daily production of about 100m of footpath it is estimated that the effective construction period is minimum 22-25 weeks (equal to 5-6 months) of which approximately 2 months in Mukuru and 3-4 months in Kibera. Construction Phases Based on the technical and administrative experiences, the following phased construction implementation schedule is recommended.

Table 10.1 Construction Schedule;

Construction phase

Implementing activity

Phase 1 Construction of major culverts, removal of new dump especially Kibera km538.300 to km538.400

Phase 2 Preparation and construction of housing at the relocation site. Phase 3 Preparation of foundation for new relocation areas including

drainage (all preparatory construction work is needed prior to any relocation of PAPs to e.g. new market sites )

Phase 4 Filling for the foundation of footpaths, including backfill. Phase 5 Construction of longitudinal footpath drainage. Phase 6 Filling for, compaction and surfacing of footpaths Phase7 Installation of level crossing slabs, including erection of level

crossing signs, construction of footbridges Phase 8 Erection of boundary markers (steel sleepers) Phase 9 Erection of Whistle signs and other sustainability measures

Different contractors should be contracted in different elements of the RAP.

Sustainability Aspects In order to encourage and maintain the use of the new and safer pedestrian corridor a set of actions must be contemplated. Improvement of the Railway Ballast Section The ballast material in the ballast section of the railway through Kibera and Mukuru consists in many places of mud and/or clay. This is probably a

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result of the intense pedestrian traffic which both presses down the original material, if it is not utilized by the inhabitants for other purposes, and carries particles from the surrounding terrain via shoes into the ballast. Filthy ballast not only makes maintenance of the railway hard/impossible, but also makes the railway more attractive as a walkway. It is therefore recommended that the ballast is renewed with crushed stone ballast of correct fraction and to its nominal cross section on the entire length. This action would emphasize the fact that the railway safety zone is a railway line and not a pedestrian corridor. Safety Vests All railway personnel working or patrolling along the line should be equipped with signalling safety vest. Such vests are traditionally bright yellow or red, often with a stripe of reflective material, and improve visibility of the staff to the train driver. It also shows the train driver that the people in front of him are professionals with a legitimate reason to be in the railway safety zone. In this particular case it also signals to the people in the communities along the lines in Kibera and Mukuru that the railway safety zone is a special area where special danger exists with special regulations and that this distinguishes it from the rest of the land. Patrolling of Track After implementation, Kibera and Mukuru sections should be patrolled more regularly to ensure that traders do not re-encroach back into the railway safety zone. This is especially important on the Mukuru Bridge which is a particularly attractive spot for these activities. This patrolling needs to be more intense in the beginning and reduced after a while. In order to ease the work of the patrolmen and make this activity more effective, KR should issue a procedure on how to act against traders which infringe the railway safety zone and make it public. This exercise should involve the community as well. Monitoring of Track As mentioned, the proposed flexible engineering designs will have no and/or little negative effect on the railway. However, there was some substantial dumping observed during the July fieldwork (e.g. in Kibera km538.300 to km538.400). There was also single sided dumping on the embankments which might have an impact. Such places should be cleared and the absolute horizontal position of the track should be monitored. Maintenance of Footpaths In order to maintain the attractiveness of the footpaths, it is recommended to secure adequate maintenance twice annually (after the rainy seasons). The maintenance work will include inspection, to determine the extent of

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necessary repair works, actual repair. The repair works itself could be considered for community participation. Some isolated parts of the affected areas are influential by the annual migration pattern of the local nomads and their cattle. This puts an additional strain on the footpath infrastructure and sequence of maintenance for sections affected by this after each migration should be added. It is estimated that the footpaths needs to be maintained for annual costs about 1% of its initial investment cost (the asphalt solution), while an estimated annual maintenance of the gravel option is 20% of the investment costs.

Maintenance of Markets In order to maintain the attractiveness of the markets, it is recommended to secure adequate maintenance once annually. The maintenance work will include inspection, to determine the extent of necessary repair works, actual repair. It is estimated that the markets needs to be maintained for annual costs about 0.1% of its initial investment cost. The management and services to the markets to be worked at a detailed stage. Maintenance of Road On a section in Kibera (km 538.210 to km538.850), the existing footpath runs together with a road. This puts an extra strain on the footpath and it is proposed to increase the annual maintenance from twice a year to quarterly. Other Issues It is assumed that the footpath is cross drained by open trenches (concrete profiles). This obstacle is easily negotiated by pedestrians however it might not be sufficient to prevent bicycle traffic. Bicycle riders mixed with pedestrians would reduce the capacity of the footpath and increase the risk of accidents. Since there is no technical means to actually prevent bicycles from using the footpath this is an issue which must be discussed with the local community.

Proposed Flexible Engineering Solutions – Footpath in Kibera

In the following, a description of measures proposed and corresponding considerations along the line through Kibera is made. The description starts at the road bridge over the railway at km 534.600, which is the part closest to Nairobi city centre, and ends at the road bridge over the railway at km538.860 equal to km4.26. The directions right and left (of the railway) refer to viewing the railway in this direction – right is generally north of the rail line, and left is south of the line. A selection of typical cross section is

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given in Annex C.1 and a schematic plan in Annex C.2. Sub-headings below refer to the series of footpath maps in Annex C.2 following the schematic plan.

Footpath plan “Soweto East” From the road bridge over the railway at km534.600 to km534.770, the railway runs into a cutting. The existing footpath on the left side of the railway is to be improved with 2.0m wide top of lateritic natural gravel (locally known as “murram”) with an asphalt top and single sided drain made of concrete modules. This footpath starts at an existing road and is one of the main entrances into the area. It is therefore important to improve it in order to make people avoid walking in the railway cutting running parallel. The improvement can be done without negatively affecting surrounding houses. The existing footpath ends at km534.770 where a new pedestrian level crossing will be installed in order to allow people to switch side. From km534.770 to km534.880, the boundaries of the railway safety zone should be marked with used vertical steel sleepers on both sides. A new 2.0m wide footpath will be installed on the right side of the railway since a footpath on the other side would call for more substantial filling and affect more traders and residential structures. Nevertheless a filling will be necessary on the right side as foundation for the footpath and the filling will affect all residential structures up to 534.880 At km534.880, a new pedestrian level crossing will be installed so that pedestrians can access both sides of the railway cutting which have pedestrian traffic. This level crossing will have a visibility beneath 100m due to the fact that the railway curves through the cutting. From km534.880 to km535.245, the existing footpaths on top of the cutting on both sides of the railway are to be improved. The footpath network on the left side of the railway is more extensive and the traffic on that side therefore likely to be heavier hence this is to be improved with 3.0m wide top of murram with an asphalt top and single sided drain made of concrete modules. Further the access footpath to Mbagathi road from km 535.085 can be improved with 3.0m wide top of murram with an asphalt top and single sided drain made of concrete modules for about 0.250 km. This is necessary because the pedestrian traffic is high at this point and this improvement is likely to divert further, the traffic currently on the line. On the right side the existing footpath should be improved with a 1.5m wide top of murram with an asphalt top and single sided drain made of concrete modules in order to create a narrower route and direct connection to the continuing footpath.

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From km 535.115 to 535.595, the existing footpath to the left to be improved with 3.0m wide top of murram with an asphalt top and single sided drain made of concrete modules. This is a narrow footpath passing through dense settlement. Residential units will be affected by increasing the footpath from average 1.0m to 3.0m width. At km535.245 a new pedestrian level crossing will be installed so that the more heavy pedestrian traffic on the left (see above) can access the new footpath on the right (see next section). Further a new short footpath will be built to connect the level crossing and the footpaths to the left at 5.2 metres and at 27.0 m. Also this level crossing will have a visibility beneath 100m due to the railway curving through the cutting. From km 535.245 to km535.570 the boundaries of the railway safety zone should be marked with used vertical steel sleepers on both sides and a new 2.0m wide footpath will be installed on the right side of the railway at 5.2m from the rail centre line. A footpath further away would be at a much higher elevation and consequently less attractive. The existing footpath to the left will be improved as described above. The traffic on this section is heavy hence the proposal to improve existing footpath to the left and a new footpath to the right. On the right side the residential structures have a distance large enough to enable this solution. Some filling is required in order to create an even foundation for the footpath. Between km535.570 to km 535.595 on the left there is an area about 2.0m deep partially open area which with some filling and connection to new footpath (see next section) cold be used for relocation of traders. At km535.600, a new pedestrian level crossing will be installed so that pedestrians can access both sides of the railway line. The heavy pedestrian movement to the right can cross to the left. From km 535.600 to km535.760 the marking the boundaries of the railway safety zone with used vertical steel sleepers on both sides of the railway continues together with the 2.0m wide footpath on the right side. Starting from 535.950 a new 1.5m wide footpath will be installed also on the left side. This is one of the few sections where a new double sided footpath is foreseen. The reason is that a major footpath into the area comes down on the right side, km535.760, (from a bus station) and generates a lot of traffic. Footpath plan “Laini Saba” At km535.760, a new pedestrian level crossing will be installed so that pedestrians accessing both sides of the railway line can use the bridge crossing at the market. The reason is that a major footpath into the area

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comes down on the right side, km535.760, (from a bus station) and generates a lot of traffic. Between km535.760 and km535.800 the marking of the boundaries of the railway safety zone will be enhanced, and so does the new 1.5m wide footpath on the left side. On the right side the new footpath runs at 27m parrallel to the market. It means filling to even out holes, improvement of drainage by the installation of a single sided drain and the installation of a top of murram. Between km 535.800 and km 535.950 is the location of the first market. The market consists of four blocks of trading on ground plus one level and connected by an over head footbridge. Along the market the footpath runs between 27m and 30m. The bridge is to be located at 535.860. There is an existing busy foot path running deeper into the settlement. This location of market is due to a number of factors. This the busiest part of the entire Kibera community. To the right there are no residential structures and the affected traders will be accommodated within the new market location. To the left residential structures and residential and business structures will be affected. From km535.950 to km536.110 the marking of the boundaries of the railway safety zone and the new 1.5m wide footpath on the left side continues. On the right side the existing road diverts away from the railway and thus a new 2.0m wide footpath has to be installed. There appears to be a relatively open space in the middle of the row of traders on the right side and thus a solution where the new footpath is installed not immediately outside the railway safety zone but about but about 20.0m from rail centre line. In this area, if a trader can trade with the front against the new footpath (away from the railway) thus forming a natural barrier to the railway safety zone. It is possible to infill the space alongside the railway safety zone with four rows of traders. Between km536.110 to km536.150 the marking of the boundaries of the railway safety zone and the new 1.5m wide footpath on the left side continues. On the right side the footpath continues but there is only space for two rows of traders turned against the new footpath. At km536.150 a new pedestrian level crossing will be installed so that pedestrians can access both sides of the railway cutting. On the left side the existing footpath is somewhat narrower and here a 3.0m wide asphalt top of lateritic natural gravel and single sided drain made of concrete modules is foreseen. On the other side the width is 3.0m. As previously the improvement of existing footpaths can be done without seriously affecting any structures, but in this case at the end of the section (about km536.350 to

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km535.400) all structures which protrude into the existing footpaths on right side and left side need to be removed. On the right only two structures will be affected while on the left 20 structures will be affected. This is necessary to complete the existing footpath and connect to the footpath discussed in the following sections. At km536.400 a new pedestrian level crossing will be installed so that pedestrian can access both sides of the railway cutting. Between km 536.400 to km 536.450 the boundaries of the railway safety zone should be marked with used vertical steel sleepers on both sides and new 3.0m wide footpath will be installed on the left side of the railway. This is the beginning of one of the two high and narrow embankments on the line. From km536.400 to km536.620 the marking of the boundaries of the railway safety zone continues. This is now a high and narrow embankment. The existing 3.0m wide footpath to the left is to be improved by asphalt top of murram and single sided drain made of concrete modules and a bridge constructed at 536.550. Between km536.580 and km536.620 the embankment again becomes less steep and the marking of the boundaries of the railway safety zone continues through the section. Footpath plan “Mashimoni” (left side) and “Makina” (right side) At km 536.620 a new pedestrian level crossing will be installed so that pedestrians can access both sides of the railway cutting. From km536.600 to km536.635 all structures on the left to be removed to pave way for a new footpath to connect to the existing footpath described above. This is an area of maximum resistance. From km536.620 to km536.845 the existing footpaths on both side of the railway on the top of the cutting is to be improved. On both sides the footpath will have a width of 3.0m with asphalt top and lateritic natural gravel base and single sided drain made of concrete modules is foreseen. The improvement of existing footpaths can be made without seriously affecting any structures. On the left side of the cutting, at about km536.700 to km536.730 there is a 15m wide area cutting, about km536.800 to km536.840, the existing footpath is unusually steep rocky and needs to be modified and filled in order to be attractive. Footpath plan “Kambi Muru” (left side)

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Between km536.845 and km536.925 the embankment is so steep and narrow. This is now a steep and narrow embankment and the existing 3.0m wide footpath to the left is to be improved by asphalt top of lateritic natural gravel and single sided drain made of concrete modules and a bridge constructed at 536.860. A new 3.0m wide footpath to be constructed from the bridge to km 536.950 to link to the existing footpath to the left. Structures affected by the new footpath and improvement of existing footpath will be removed. Between km536.845 and km536.945 the marking of the boundaries of the railway safety zone with used steel sleepers starts again. A level crossing will be installed at km536.925 From km536.925 to km 536.945 the embankment becomes less steep and a normal 2.0m wide footpath separated from the railway safety zone by the usual boundary marking can be installed on both sides. Footpath plan “Kisumu Ndogo” Between km 537.000 and km 537.250.This is the location of the second market. The market consists of four blocks of trading on ground plus one level and connected by an existing bridge crossing. Along the market the footpath runs between 27m and 30m. The bridge is located at 537.100. There is an existing busy road running deeper into the settlement. This location of market is due to a number of factors. This is a busy part of Kibera and there is a market structure emerging. The existing road can serve the market as well. There are no residential structures within the railway reserve. The affected traders will be accommodated within the new market location. To the left a church, youth centre and traders affected will be accommodated. Between km536.945 to km537.490 the existing footpaths on both side of the railway on the top of the cutting is to be improved at a width of 3.0m. On the top of this cutting, at km537.100, a road bridge crosses the railway. The cross section of it is much eroded barely enabling one single car to pass. And when a car passes all pedestrians must evacuate it. To encourage the use of this (only) orderly crossing of the railway and, to some extent, also prevent a lorry passing from slipping and possibly loose some of its cargo down onto the railway it is proposed to include a minor filling of its cross section into the project (about 10m) A level crossing will be installed at km 537.490.

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From km537.490 the line now enters the highest and narrowest embankment of the Kibera section. The marking of the boundaries of the railway safety zone with used steel sleepers starts again. The existing footpaths continue down at the sides of the embankment and beneath top of rail. To encourage the use of them, the two sides will be improved until km537.510 on the left and km537.580 on the right where the right one ends. Footpath plan “Gatwekera” Between km537.510 to km537.745 a new footpath is built to the left at the bottom of the embankment to link to the existing footpath. This is now a high and narrow embankment and the existing 2.0m wide footpath to the left is to be improved by asphalt top of lateritic natural gravel and single sided drain made of concrete modules and a bridge constructed at 537.660 From km537.490 to km 537.850 the marking of the boundaries of the railway safety zone continues. Between km 537.730 and km 537.910.This is the location of the third market. The market consists of three blocks of trading on ground plus one level and connected by a new foot bridge crossing at km 537.795. A long the market the footpath runs between 27m and 30m. The bridge is located at 537.795 to link both footpaths with each other. Major existing footpaths in the area crossover here. There is an existing busy footpath running deeper into the settlement. This location of market is due to a number of factors. This is a busy part of Kibera and there is a market structure emerging. The existing road off Kibera drive can serve the market. All structures affected by the market and new footpath will be removed. From km537.795 to km538.810 the existing footpaths on both side of the railway on the top of the cutting is to be improved by asphalt top of murram and single sided drain made of concrete modules at width of 3.0m. At the start of this section, km537.795 to km537.810 to the right two to three buildings intrudes into the existing footpath and needs to be pushed back. To encourage the use of the existing footpath running beneath the next section of the embankment, the existing footpath to the left will be improved until km538.210. A level crossing will be installed at km538.195. This level crossing unfortunately also has limited visibility but is necessary since a major existing footpath in the area crosses over here. Footpath plan “Soweto West” From km538.210 to km538.450 the existing footpath to the left within the railway reserve at 27m to be improved by a top of murram and single sided

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drain made of concrete modules at width of 3.0m. From km538.450 to km538.650 the existing footpath outside the railway reserve at 37m to be improved by a top of murram and single sided drain made of concrete modules at width of 3.0m. Between km538.095 and km538.680 the boundary of the railway safety zone will be marked and the new 2.0m footpath installed on the right just outside it. Some minor filling will be needed to repair erosion damages in order to create a proper foundation for the footpath. The fence marking the boundary of a schoolyard on the right needs to be pushed back to enable space for the footpath. From km538.300 and km538.400 there is a fresh mound of dumped soil. A new 1.5m wide footpath to the right requires a gabion support for the foundation. A new 2.0m footpath to the right installed on the right just outside the 5.2m continues after the dump. Footpath plan “Kianda” At km538.490 a footpath comes steeply down from bus station on the right and level crossing will be arranged to handle this traffic. At the end of the new footpath, km538.680 a new foot bridge will be installed. Unfortunately it will have limited visibility but it is necessary in order to make contact between the new footpath and the existing one. From km538.680 to km538.850 the existing footpath on the left side will be improved to a width of 3.0m to link to Kibera drive.

Proposed Flexible Engineering Solutions - Mukuru

In this paragraph follows a description of the measures proposed and corresponding considerations along the line through Mukuru. The description starts at the road bridge near the railway at km519.100 (Mombasa Road bridge) and ends at the road bridge near the railway at km538.860 (Likoni Road bridge), which is closer to Nairobi city centre. The directions right and left refer to viewing the railway in this direction. A selection of typical cross section is given in Annex C.1 and a schematic plan in Annex C.2 From km519.100 to km519.500 a new 3.0m wide footpath is installed to the right of the line at a distance of two meter from the railway safety zone enabling the traders to establish themselves between the footpath and the railway safety zone. This however requires that they are allowed to trade only against the new footpath. The boundary of the railway safety zone will be marked with used steel sleepers on both sides. At the time of this report this section was more or less empty thus making it a possible relocation area for traders, though somewhat distant from their current position.

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At km519.500 a level crossing is installed enabling the pedestrians to switch sides. Between the km519.500 and km521.424 the new footpath runs on the left side with the same geometry and enabling the same constellation of traders as in the previous section. Likewise the boundary of the railway safety zone will be marked with used steel sleepers on both sides. This section was, at the time of this report, empty from traders and settlers to more than 80% of its length and therefore possible relocation area for traders, though partially somewhat distant from their current location. At 521.424 a new level crossing is installed to enable traffic to continue from the footpath on the left to the footpath on the right in the next section and to enable traffic fro the surrounding areas coming from the left and right to pass. From km521.424 to km521.552 the boundary of the railway safety zone will continue to be marked and the new 2.0m footpath will continue on the right side of the bridge. In order to create space for relocation of the traders a new 3.0m wide footpath is proposed to run beneath the embankment from km521.424 to km521.480. This will be a dead end but to increase the traffic on it a group of 10 latrines should be installed at its end (a sewer passes about 30m beneath this point and could possibly be used to service latrines) At km521.527 a footpath comes up fro the area on the right onto the embankment. The steepness of this in combination with the wear from the intense traffic on it has created substantial erosion of the embankment side, which might threaten the new footpath. This should therefore be fixed in its present position and reinforced by applying a "sheet" of gabion retaining walls. The bridge reaches from km 521.552 to km 521.622 and at this section it is very important that the boundary of the railway safety zone is well marked. A footpath width of 2.0m on the right side is foreseen but might need to be reduced with 0.2m to 0.4m dependent on technical details of the bridge. Between km521.622 to km521.970, the 2.5m wide footpath continues on the right side of the track and the boundaries of the railway safety area are marked on both sides. To demark the proposed market area ahead and the railway itself the existing railway trench should be rinsed and re-dug where appropriate to enable it to work properly.

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Two new level crossings, one at km521.650 and one at km521.925 are needed to connect the new footpath with the existing footpaths within the area. From km521.622 to km522.485 an area for relocation of traders on the right side is created by: • building four groups of ten new latrines on the left side (at km522.110, km522.150, km522.200 and km522.500)thereby enabling the removal of the current set of latrines on the right; • diverting the footpath on the right side to a distance of 2.0m from the railway safety area, enabling the traders to trade against the footpath; • even out the area by specified filling material; • drain it (see previous section) and; • establish a top surface of compacted murram suitable for the traders to relocate their businesses The boundary of the railway safety area is marked on both sides as previously described. Two new level crossings, one at km521.650 and one at km521.925 are needed to connect the new footpath with the existing footpath. Between km 522.485 and km522.545, the existing footpath on the right should be improved by adding a 3.0m wide top of drained murram and the marking of the boundary of the railway safety area continued on both sides as previously. There is no longer space for the traders. At km522.545 the footpath must be diverted to a distance of 10m from the track centre. This then continues, diverting further until km522.880 where it ends and crossing the existing sideline to the airport with the level crossing at km522.800.The marking of the railway safety zone does of course continue throughout Two new level crossings, one at km522.625 and one at km522.850, are needed to connect the new footpath with the existing footpaths within the area.

Summary engineering description

The detailed engineering description is summarized into tables 10.2 (Kibera) and table 10.3 (Mukuru).

Table 10.2 Detailed engineering description- Kibera

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Description – Kibera Kilometric-from (km)

Kilometric- to (km)

Improvement of existing FP, left 534,600 534,770

New LC 534,770 534,770

New FP, right (enhance sleeper fence) 534,770 534,880

New LC 534,880 534,880

Improve existing FP, right 534,880 535,245

Improve existing FP, left and improve road to Mbagathi.

534,900 535,245

New LC 535,245 535,245


Improve existing FP , left 535,245 535,580

Possible market site, left 535,570 535,595

New LC 535,580 535,580

New parking and service bay (enhance sleeper fence), right.

535,760 535,850

New FP, left (enhance sleeper fence) 535,570 536,150

New FP in front of the market both left and right

535,800 535,950

Possible re organization site, right (chiefs compound)

535,825 535,850

Double FP with four trader rows, right 535,850 536,085

New FP with two trader rows, right 536,085 536,150

New LC 536,150 536,150


Improve existing FP, left 536,150 536,400

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New LC 536,400 536,400

New FP (enhance sleeper fence) 536,400 536,430

Group of 10 new latrines, left 536,430 536,430

Improve existing low FP, left 536,430 536,580

New gabion supported FP, left 536,430 536,580


New LC 536,620 536,620


Possible market site, left 536,700 536,730


Group of 10 new latrines, right 536,745 536,745

New LC 536,845 536,845

New gabion supported FP, left 536,845 536,925

New LC 536,845 536,925




New LC 537,490 537,490

Improve bridge cross section 537,100 537,100

Improve low existing FP, right 537,490 537,580

Improve low existing FP, left 537,490 537,510

Standard embankment and gabion FP, right 537,580 537,660

New gabion FP, right 537,660 537,745

New FP with two trader rows, left 537,745 537,795

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New LC 537,795 537,795



New LC 538,195 538,195


New LC 538,490 538,490

New LC 538,680 538,680


Table 10.3 Detailed engineering summary description – Mukuru

Description- Mukuru Kilometric-from (Km)

Kilometric – to (Km)

New FP with two trader rows, right 519,100 519,500

New LC 519,500 519,500

New FP with two trader rows, left 519,500 521,424

New LC 521,424 521,424

Improve steep angular FP 521,527 521,527

New FP, right (inclusive sleeper fence) 521,424 521,552

New low FP with two trader rows, left 521,424 521,480


Bridge 521,552 521,662

New FP, right (inclusive sleeper fence) 521,662 521,970

New LC 521,650 521,650

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New LC 521,925 521,925

New low FP with two trader rows, right 521,970 522,485

Railway and market area drainage 521,600 522,110






New FP, right (outside trench) 522,545 522,880

New LC 522,625 522,625

New LC (on branch line) 522,800 522,800

New LC 522,850 522,850

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Flexible engineering solution

Material Dimension Unit Amount Unit price

Costs (KES)

New foot-path top

25mm bitumen surface + 100mm compacted lat. Gravel+100mm compacted base

1.5x 0.225m m 1,340 4500 6,0300,00

New foot– path top

25mm bitumen surface+100mm compacted lat. Gravel +100mm compacted base.

2.0x0.225m m 1780 6000 10,680,000


25mm bitumen surface+100mm compacted lat. Gravel+100mm compacted base

2.5x0.225m m



3.0x0.225m m 3460 9000 31,140,000

New foot– path top in relocation site

compacted lat. Gravel+100mm compacted base

3.0x0.225m m 752 4500 3 384 000

Drainage of foot path

Precast concrete One side only

m 6,600 1,000 6,600,000

Filling beneath the foot path

M3 5,000 1,500 7,500,000

New access– road in relocation site

m 1005 7000 7 035 000

Improvement of existing road

1/3 murram+2/3 std fill

2.0 m3/length meter

m 750 4,500 3,375,000

Gabion wall, two blocks

Gabion wall, five blocks

Gabion wall, seven blocks

Soil excavation

M3

60

400

24,000

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Bill of Quantities and Costs

The detailed engineering description is consolidated into a Bill of Quantity for both areas (tables 10.4 and 10.5)

Table 10.4 Bill of Quantities – Kibera

It should be observed that not only is the total cost, but also the cost per meter of footpath, lower in Mukuru than in Kibera. This is due to that a majority f the footpath areas in Mukuru needs none or very little foundation preparation.

Table 10.5 Bill of Quantities – Mukuru

Flexible engineering solution

Material Dimension Unit Amount

Unit price

Costs (KES)

New footpath top

25mm bitumen surface + 100mm compacted lat. Gravel+100mm compacted base

2.0x 0.225m m 546 6000 3,276,000


25mm bitumen surface+100mm compacted lat. Gravel +100mm compacted base.

2.5x0.225m m 0 0 0



3.0x0.225m m 3290 9000 29,610,000



4.0x0.225m m

Drainage of foot path

Precast concrete One side only

m 3,836 1,000 3,836,000

Filling beneath the foot path

M3 271 1,500 406,500

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Gabion wall, 7 units

4x(1.0x 1.5m)

m 10 63,000 630,000

Soil excavation

M3 550 0 0

Stone chipping

M2 200 3,000 600,000

Concrete moulding

12x2x1m concrete stairs

M3 24 23,000 552,000

Culvert extension

Concrete culvert 1.5m=<ø=<2.0m

m 5 219,000 1,095,000

Latrines Group of 10 units 5 250,000 1,250,000

Level crossing slabs

Precast 1x0.5x3m units 6 50,000 300,000

Surface for relocation of traders

Murram 1.0x1.0x0.3 M2 11,580 2,000 23,160,000

Border signs Used steel sleepers in concrete base

c/c 1.5m pcs 1,670 750 1,252,500

Border signs Used steel sleepers, dug in

c/c 1.5m pcs 3,330 130 432,900

Level crossing signs

Two per LC pcs 12 15,000 180,000

Whistle signs Four per LC pcs 24 10,000 240,000

Sub-Total 66,253,900

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Table 10.6 Total cost for flexible engineering solutions – safe railroad- Kibera and Mukuru

Alternative

An alternative foot path where asphalt coverage is replaced by murram has been assessed as an alternative. The investments costs for such an alternative are approximately KES 52 million less than for the asphalt foot path solution. This is due to less cost of natural lateritic gravel compared to asphalt. However, it is estimated that a gravel based foot path needs an annual maintenance of approximately 20% of the investment costs compared with the estimated 1% maintenance for the asphalt solution within the first 5-years.

Experience from within the road sector in Kenya shows that both solutions can work depending on the immediate availability of financial means as well as the dimensioned demand. The maintenance of the asphalt solution will have mainly to rely on professional contractor and/or KR, while maintenance of the gravel based foot path can rely on smaller community based contractors as seen from within the rural road sector in e.g. Kenya.

Unit Prices

All prices are in local currency KES (Kenyan Shillings). Most of the unit prices originate from discussion with local contractors during January 2005 and August 2005 or from Kenyan Railways and Ministry of Roads and Public Works.

When establishing the unit prices considerations have been made with regards to:

Main budget positions Costs (in million KES)

Sub- total Kibera 94 298,449

Sub total Mukuru 66,253,900

Safety vests 300,000

Maintenance of foot path (1% of the investment costs during 5 years-asphalt solution)

7 639 000

Total flexible engineering solutions – safe railroad 168,491,349

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• Complexity in material and equipment transport, since the railway is the only corridor; • Guarding of equipment (and to some extent material) against theft or vandalism; • Availability of material (for filling); • Distribution between manual (40%) and mechanical (60%) construction work; and • Possibility for the local community to participate (maximum 15%).

Engineering Solution –Relocation on New Market Sites.

Trading Areas along the New and Improved Footpath

The guiding principles for an alternative and/or new trading area are that it must be safe and attractive for trading. In order to make the alternative trading areas as attractive as possible filling is foreseen, the construction of a flat surface for the traders, and drainage, where necessary, has been included in the overall engineering costs for relocation.

In the search for space for alternative or new trading areas it has been a governing principle to relocate PAPs as close as possible to their present positions, to new foot path and new markets.

The basic plan geometry of a trading area is illustrated below:

2.0m

2.0m

2.0m

Trader 2x4 m

Trader 2x4 m

Trader 2x4 m

Trader 2x4 m

Trader 2x4 m

Trader 2x4 m

Trader 2x4 m

Railway Safety Zone 5.2m

Footpath

Railway

Figure 10.6 Typical alternative trading area

Each trader is estimated to occupy an area of 8m2 and have one front against the new footpath. The foot path itself will be as described

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previously. The ground beneath the trading huts will be evened out and drained (where necessary).

Relocation of Traders to Market Structures

The solutions proposed for the locations and design of the Markets offer the following benefits to the traders compared to their current location.

• Safety due to location outside the railway safety zone. • Dryness by better drainage and evenness from foundations. • Security and permanence for all time trading. • Services, the Locations and markets will be served with water

and electricity. • Occupation licenses for trading

Further more the new markets are located where the existing footpaths transverse the settlements especially in Kibera and they maintain the same connectivity to existing and new footpath along the line. In very dense trading areas a double sided market is considered [at Km 535.900 at Km 537.100 and at Km 538.850] while in less dense areas a single sided market [at Km 537,795] has been designed.

Detailed Description of the Market Each market consists of two main levels, the ground and upper floors. The ground floor is made of a 100mm thick tamped reinforced concrete laid on 1000 gauge damp proof membrane laid on compacted hardcore and laid to fall. On the ground floor slab is laid four components, component one stall space 4mx2m, each trader occupies this 8.0sq.m stall. Component two is made of service area, providing toilets and showers for both ladies and gents. Component three consist of a 4m wide internal walk. Component four is made of internal staircase. The design provides two such staircases. The upper level is made of 150mm thick suspended concrete slab supported on RC columns and beams. On the upper level slab is laid stalls and circulation spaces as described above. To enhance interactivity, connectivity and maintain marketability of this level a cantilevered slab is provided and connects with the footbridge described above. The design ensures that pedestrians crossing at upper level can access market stalls at upper level hence maintaining their marketability.

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Together with these basic requirements, factors such as impact on existing structures (residential and traders), foot path width, accessibility to service and transport network, railway safety zone, pedestrian traffic flow and horizontal and vertical clearance have been detailed considered and balanced into preliminary design. Concurrence has been reached with the MOLAH (KENSUP) [which has developed a master plan for Kibera] on the locations of the three number markets.

The relation between market locations, the foot bridge crossings and clearance of safety zone of pedestrian crossing has been considered. Two measures have been designed, one, 0.5m high concrete platform to the back of the market provide a deterrence against derailment and provides a barrier to would be possible pedestrians crossing on level. Further, to avoid such pedestrians crossing markings of the railway safety area of vertical used steel sleepers to be concreted on the same 0.5m high platform at centre dimensions of 0.75m: Figure 10.7 Principle for market design- Section through the market structure

500x500mm concrete

Setlement

Setlement 3m Foot PathOpen Space Setlement

5 641 2 3

600x200mm thk R.c col umns to s.e’s dts

3m Foot Path Open Space

600x600mmpcc paving slabs

Railway centreline

Pedestrian foot bridge

ENHANCED SLEEPER FENCING2400mm Tall and 600mm c/c

100x50 hardwood handrail

m.s Balustre to details

R.c ramp, 1:8 to S.e’s detail

TYPICAL SECTION

3m Foot Path

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Table 10.7 Utilization of AAvailable Spaces at Strategic Locations The total number of traders to be relocated is 1331. These are the traders displaced by the footpath and markets and the 5.2m safety zone and the balance of 787 traders affected by the 5.2 M safety zone.

DESCRIPTION / KM READING

MARKET AREAS

CIRCULATION

COMMUNITYFACILITIES

UNIT RATE

Stalls (No)

Area (M2)

Area (M2)

Halls (No)

Area (M2)

Toilets (No)

Area (M2)

Total Areas AT 7000

Market No. 1 Located 518 4080 4710 2 85 14 62 8936 62552000 between Km 536.800 and Km 535.950 Market No. 2 Located 518 4080 4710 2 85 14 62 8936 62552000 between Km 536.950 and Km 537.250 Market No. 3 Located 386 3040 3516 2 85 14 62 6702 46914000 between Km 537.710 and Km 537.910 TOTALS 1,422 14,240 16,452 8 340 56 248 24,574 172,018,000

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Table 10.8 Construction schedule for the markets

Consultation and participation

Construction phase

Implementation activity

Phase 1

Site clearance and preparation Removal of existing structures from the construction site, the clearance and leveling of access road, the setting up of the onsite material storage shed, sanitary facilities and working bases.

Phase 2 Excavations and earthworks Digging up and removal of the soil from the column foundation bases, removal of the top soil from the floor slab areas.

Phase 3 Concrete works Setting of form works and reinforcement and the actual concreting of the foundation and floor slab.

Phase 4 Waterproofing Laying of the damp proof membrane and course.

Phase 5 Walling Construction of the masonry stone walling and the concrete ring beam.

Phase 6 Roofing Construction of the steel roof frame structure roof and fixing of the galvanized corrugated iron sheets roof cover.

Phase 7 Carpentry, joinery works and fittings Fitting of the doors and windows, the fresh and waste water piping, wiring and electrical fittings

Phase 8 Finishes Keying and joint refilling of external walls, baggy washing of internal walls, painting of internal walls, painting of window and door frames and panes.

Phase 9 External works – drainage Construction of the open invert blocks storm water drains, the foul water drainage system.

Phase 10 Site works Construction of the lateritic natural gravel foot paths and roads, the manhole covers and the sewer system to the existing network.

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Consultation

Effective relocation requires regular consultation with the affected PAPs and a wide range of project stakeholders. Stakeholders include any individual or group affected by, or that believes that it is affected by, the project; and any indi¬vidual or groups that can play a significant role in shaping and affecting the project, either positively or negatively. Given the complex nature of this project, the different interests represented by the various local groups, the legacy of evictions in both Mukuru and Kibera and the lack of direct dialogue between the KR and the communities, providing regular information and maintaining an ongoing dialogue with the PAPs and other stakeholders are essential for the successful implementation of the reloca¬tion as much as for the sustainability of the outcomes. Without such consultation, rumours spread easily and mistrust and misinforma¬tion lead to a negative attitude towards the relocation process. In the worst sce¬nario, the communities may not participate and cooperate and the whole exer¬cise could fail. It is for this reason that consultation and dialogue with the PAPs and other stakeholders is a prominent activity in the implementation schedule throughout the estimated 36 months of preparations and implementation. In the section Organizational Framework and Responsibilities, the major stake¬holders for this project have been identified. For the purpose of consultation strategies, they can be broadly grouped into the following categories: • Agencies and organizations implementing the RAP; • PAPs affected by the project; • Agencies and organizations directly relevant for implementation; • Local institutions and other local stakeholders; and • The general public.

Agencies and Organizations Implementing the RAP

The KR plays a key role in the consultation process. As the owner of the pro¬ject, it has first hand information on its purpose, time schedules and budget. If the KR provides direct information and consults with the stakeholders, it is contributing to developing a partnership and facilitates the implementation process. The NGO and the technical consultants assist the KR in this consulta¬tion process with organization, dissemination of information, facilitation of meetings etc. This need for direct contact with the communities has been well recognized by the KR which has during the planning process hosted several meetings with dif¬ferent stakeholders including two meetings with the communities.

102

The KR has also prepared an information leaflet on the relocation that has been distributed in the project affected areas. It is now important to maintain the momentum and to continue the consultation process also during the preparation phase. The next step to be implemented is debriefing the PAPs on the planning process and its outcomes. It is important to reassure the people that there will not be any forced evictions and that they will be consulted and their views and needs taken into consideration during the preparations and implementation of the relocation. For example, the engineer¬ing solutions could be discussed in detail and people involved in their planning. Once the RAP is approved, the compensation packages could also be discussed in a specific way to make it clear that while affected people will be compen¬sated; there really is no financial gain A Consultation Log has been maintained by the Consultant during the planning phase and handed over to the KR. In view of the limited staffing capacities of the KR, it may not be possible to maintain detailed minutes from each meeting. Updating the Consultation Log however does not require much time and helps to keep a simple record of meetings and plan for coming ones.

Consultation with Affected PAPs

Several meetings were held with the affected communities during the planning process. Experience showed that meetings with affected PAPs are most effec¬tive if held at the local level, in their villages. It is at the village level of these PAP groups that the consultation with the PAPs needs to take place to involve all affected PAPs. Experience from the planning process has shown that information and consultation at higher levels did not reach all affected PAPs and would not facilitate the level of participation of the affected PAPs required for a successful implementation. The consultation/participation strategy for the preparation and implementation phases is therefore focused on dialogue at the level of the enumerated group (called PAPs group) and surrounding community. PAPs who are affected but may not have attended the larger scale meetings either due to the lack of infor¬mation about the meeting or due to shortage of time are more likely to be pre¬sent at these local meetings. This will increase relevance of the information ex¬change and facilitate participation. The affected PAPs are also to be involved as direct participants in the monitor¬ing and evaluation of the relocation, in the resolution of grievances and in the final planning of the technical solutions. They will have a say about their new location.

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Participation and support of the affected communities is essential for a success¬ful verification. The affected PAPs will therefore be asked to propose enumera¬tors and their supervisors, persons whom they trust. Traders bordering the safety zone, whether already located there or relocated by the project should be encouraged to protect their areas from future repeated il¬legal encroachment. Raising awareness of the need to keep the safety zone free of illegal structures (often put up over the weekend or during the night) led by the. KR is an important element of the consultation process.

Consultation with Agencies and Organizations Directly Relevant for Implementation

The key Kenyan stakeholders, besides KR, for this relocation process are: • The Ministry of Finance; • The Ministry of Lands and Housing (MOLAH); • The KENSUP; • The Ministry of Local Government; • The Nairobi City Council; • The Ministry of Transport and Communication; • The Provincial Commissioner; and • WB/IFC. All the identified stakeholders have an important role in the relocation process and a pre-condition for the successful implementation of the RAP is the co¬operation and mutual coordination of scheduled activities into which each of the stakeholders have a defined role. Regular consultations are important to keep everyone informed and to exchange view and ideas. Moreover, the Government has suspended evictions and is looking for new ap¬proaches to dealing with informal settlements and illegal occupation of land. Sharing of information on approaches, successes and challenges is also impor¬tant from this perspective.

Consultation with Local Authorities

Support of local authorities and the affected PAPs is as essential for a success¬ful implementation of the relocation. Due to shortage of time, their involvement during the planning has been limited, partly due to the lack of information. The Divisional Officers, the Chiefs and the Clan Elders are near to the people all the time and have an influence on forming their opinion.

104

Other Stakeholders at the Community Level

There are several organizations and churches that expressed support for the re¬location either verbally or by direct support and monitoring of the enumeration. Each of these organizations has their grass root level contacts and understand¬ing of situation in their locality. It would be of advantage to involve these CBOs and churches in the dialogue, particularly if they are located within or in direct proximity to the project affected areas and to explore their interest in supporting the verification and implementation. There is also the political level, the elected councillors. They too have a strong impact on public opinion. It is recommended that they be informed and consulted them in dialogue to gain their support for the project.

Table 11.1 Examples of Non government stakeholders at the local level Name of stakeholderDescription Nature of potential support to the

RAP implementation Muungano wa Wanavijiji14 member schemes of the slum

dwellers federation Community mobilization and awareness creation. Support to enumeration

Mukuru railway traders saving scheme

Mukuru Kwa Njenga saving scheme, part of Muungano wa Wanavijiji

Community information and consultation Support to enumeration

Akiba Mashinani TrustUrban poor fund providingCommunity information and consultation Discussions on possible community solutions

Christ the King, KiberaParish of the Catholic Church in Kibera

Information of Christian communitiesKibera Discussions on possible community solutions

The Anglican ChurchKibera, Gatwikira Information of the Anglican community in Kibera Support with information dissemination Consultation on arising issues

Ushirika wa SowetoCommunity based organisation, address issues of environment,

Community awareness

105

sanitation and water in Soweto Kibera

Discussions on possible community solutions.

Ushirika wa Laini SabaCommunity based organisation, address issues of environment, sanitation and water in Laini Saba

Community awareness Discussions on possible community solutions.

Ushirika wa Reli Community based organisation, address issues of environment, sanitation and water along the railway line in Kibera


Carolina for Kibera Community based organisation dealing with HIV AIDS and youth affairs in Kibera


Kibera Grassroots InitiativeCommunity based organisation dealing with land and development issues.


Kibera Rent and Housing Committee

Umbrella organisation of all Kibera community based organisations

Community awareness Discussions on possible cosolutions.

The General Public

The RAP document has been prepared to further facilitate consultation and in¬ formation to alert the public on the identified safety concern and will subse¬quently, in the new arrangements, significantly improve the safety measures in a way that benefits and does not punish those affected. Information released in the media by official sources (the KR), will contribute to transparency and help at least to some degree to mitigate the adverse effects of rumours and false ex¬pectations on the part of the actual/potential PAPs and leaders in the affected communities.

Means of Communication

The public relations effect of information released by the KR is important for the overall success of the relocation exercise. People, including residents and traders of Kibera and Mukuru, regularly listen to the radio and read newspa¬pers. Posters placed at all major public meeting places in both Kibera and Mu¬kuru would reinforce the messages published in radio and newspapers. It is rec¬ommended that KR uses these effective media to provide information on this relocation and on the consultative and participatory approach for this RAP. The PAPs are "general public", too. If they hear or read about their cases from the public media, it may have a stronger effect on their awareness than, for example, meet¬ings.

106

There should be follow up announcements on a regular basis by KR on what is going on and why, the time schedule and progress of relocation and clarification of any issues that may arise during the implementation. Media messages should be relevant and timely and appropriate to the project and address the issues that arise. The timetable for relocation should be published as soon as possible, allowing people sufficient time to prepare to move (preferably at least three months in advance). At this stage, people have had the opportunity and the time to "di¬gest" the information about relocation, compensation and the principle of "no cash compensation" as well as on information about alternative replacement. Provisional cost for the use of the media has been made in the itemized cost estimate.

Grievance Procedures In Kenya, there is recourse to the High Court for settlement of grievances. A Constitutional Court has been recently established and more issues are being raised relating to the economic and social rights, among which are housing and the right to obtain a livelihood. For the PAPs, accessing these institutions directly may be difficult and not practical. Alternative dispute resolution mechanisms like arbitration and mediation are also available, but the cost factor may be a limitation to the pre-dominantly poor PAPs/slum dwellers.

Resolving Disputes at the Community Level

All disputes will, to the extent possible, be resolved at the community level. This will allow for greater community participation and the need for positive relationship building. Community meetings to be held at the cluster level will have on their agenda:

�� Consensus on a grievance procedure and selection of a grievance committee by the affected PAPs in the respective cluster;

�� the mandate of this grievance committee, its coordination and management of the complaints received;

��Defining channels of communication with the grievance committee (who will coordinate the collection of complaints and what should be the maximum time for resolving the case); and

�� Defining a physical location where people can present their cases. The establishment of the grievance committee should take place during the first month of the preparatory phase. Information on the composition, mandate and location where the complaints can be

107

lodged will be made publicly available. Each member of the community should have easy access to this information. The grievance committee will prepare a weekly summary report on complains received and how they have been solved. This report will be submitted to the KR by the elected committee secretary. The services of this grievance committee will be free of charge. Any member of the committee known to have received payments (in cash or in kind) from the PAPs will be immediately replaced and the public will be informed. Main tasks: Claims about legitimacy and competence of the enumerators for validation;

�� Validating claims of PAPs who have not been enumerated and claim they should have been; �� Validating owner/tenant status of enumerated PAPs; �� Dealing with compensation complaints; and

�� Referring disputes that cannot be resolved locally to relevant authorities (courts, MCC, PC, and MOLAH/Department of Housing etc.).

Referring Cases that can not be Resolved at the Community Level

Grievances that cannot be resolved at the community level will be referred to (in the weekly reports) to the KR. The KR can seek the assistance of persons from the community trained in investigation with relevant experience and trusted by the affected PAPs. The (recommended) local legal adviser can also assist with advice on legal matters.

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Implementation schedule

Implementation

The implementation schedule reflects both the preparatory and the implementation activities and results. A total of 36 months is estimated to complete the entire relocation. Of these, estimated six months are foreseen to complete the preparatory activities and additional estimated 15 months to complete the relocation and the engineering solutions. Detailed implementation schedule for the preparatory phase (months 1-6) presented in Annex D.2. Annex D.3 shows the detailed RAP implementation schedule (months 7 – 21). 13.3 RAP Implementation The RAP implementation consists of a sequence of activities that illustrate: • Preparations of relocation sites for the PAPs • Time when PAPs will be relocated from their current positions to either temporary or permanent locations or from the temporary locations to permanent locations. The schedule seeks to achieve the least amount of disruption for the PAPs during relocation, so that groups of PAPs are only relocated when final destination sites for each group are ready for occupation. The implementation table shows the timing of all the activities spread over a period of 36 months. In the following sections, the major activities and results are presented separately for each phase.

Preparatory RAP activities - months 1-6

The main activities during the preparatory phase are: • Ongoing consultation and participation; • Verification of the enumeration; • Formal adoption of the RAP; • Completion of all outstanding issues including land acquisition; and · Funds

secured for RAP implementation.

RAP Implementation - Months 7-36

The main activities during the RAP implementation phase are: • Informed dialogue with the PAPs at cluster level and with all other stakeholders; • Facilitating RAP participation in the implementation and monitoring; • Completion of engineering solutions for improved safety of the railway • Completion of engineering solutions for relocation;

110

• Step-wise implementation of the relocation; and • Monitoring and evaluation.

Table 13.1 Implementation Schedule for RAP – Kibera and Mukuru

Project Activity Affected

PAPs Time Actors

1. Preparatory Stage

a) Consultative meetings with the affected community and all stakeholders on the principles of relocation, engineering solutions and time frame. b) Participatory verification of the completed enumeration and updating of database on PAPs. c) Making all information available to the public d) Discussions on terms of occupation of KR and e) Formal adoption of the RAP

All 6 months Month 1-6

KR, Community, Consultant, Local Administration, Other Stakeholders

2. Setting up of RAP implementation offices

1. Staff recruitment and setting up of consultants’ team.

2. Continue consultative meetings with community on RAP

3. Preliminary setting up activities.

4. Obtaining necessary approvals for implementation of the RAP and signing of contracts and agreements.

Nil All

3 months Month 0-3 Continuous 3 months Month 3-6

KR staff. Consultants KR staff, community, local administration and consultants

3. Consultative meetings

a) Hold consultative meetings/dialogue with the community to discuss implementation progress, issues arising, challenges and solutions. b) Continuation of regular meetings at the PAP group, local and Government levels. c) Facilitating PAPs participation in the RAP

ALL Continuous KR staff, community, local administration, Kenya Government and consultants

4. Market Sites

Market 1 (a) Site preparation (b) Laying infrastructure –

roads, water, electricity, sewage, drainage

(c) Construction of units (d) Relocation of PAPs Market 2

(a) Site preparation

Affected PAPs on market sites Relocate PAPs within 5.2 and Market 1

8 months Month 13 –21

KR staff, contractor, consultants KR staff, contractor,

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(b) Laying infrastructure – roads, water, electricity, sewage, drainage

(c) Construction of units

(d) Relocation of PAPs Market 3

(a) Site preparation (b) Laying

infrastructure – roads, water, electricity, sewage, drainage

(c) Construction of units

(d) Relocation of PAPs

Relocate PAPs on Market 2 Relocate PAPs on Market 3

8 months Month 13-21 8 months Month 13-21

consultants KR staff, contractor, consultants

6. Construction of Footpath

Laini Saba Phase (a) Site preparation (b) Infrastructure (c) Construction

Gatwikira Phase

(a) Site preparation (b) Infrastructure (c) Construction

Mashimoni


Mukuru


Affected PAPs living on footpath area Affected PAPs living on footpath area Affected PAPs living on footpath area Affected PAPs living on footpath area

Months 7-21 Months 7-21 Months 7- 21 6 months Month 7-13

KR staff, contractor, consultants

7. Open Market Sites

5 market sites (a) Site preparation (b)Relocation of PAPs

Nil. Markets to be located on open spaces within Mukuru and Kibera.

8 months Month 7-15

KR, contractor, local administration, consultants

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Relocation of PAPs from the 5.2m

8. Relocation of PAPs

Relocation of PAPs from the Market sites, the 5.2m safety zone, and the footpath in a phased approach

All PAPs Continuous as the engineering solution are ready for occupation

KR, Local Administration, Consultants, other stakeholders

9. Monitoring and Evaluation

Participatory performance and impact monitoring of the project, and participatory evaluation of the RAP results to determine whether the efforts to restore the living standards of the affected PAPs have been properly conceived and executed.

All Monitoring: quarterly Evaluation: during the last month.

KR, PAPs, Consultants

Implementation Arrangements

The implementation of the RAP is within the responsibility of a dedicated project implementation unit that reports to a supervisory team in the Ministry of Transport. The project implementation unit will act as the project secretariat providing management and monitoring services. The unit will coordinate and draw support of Government technical staff, NGOs, technical consultants, construction contractors and estate surveyor/ agents. A number of task forces are proposed to assist the project implementation unit. The proposed organizational framework for the implementation is outlined in section 6.4

Proposed possible composition of the task forces is outlined in Table 13.3 below. If the concept of task forces is adopted, it will be up to the project implementation unit, on advice from KR and the Ministry of Transport, to decide on their final composition. The level of support by local administration and other local stakeholders depends to a large degree on how much the KR will succeed in enlisting their cooperation through the consultative process (ref. Chapter 11 Consultation and participation).

To facilitate links with the PAP groups, the enumerators employed for the verification could continue as links between the communities and the KR. It is recommended that the KR relocation management appoints a task force with the capacity of taking on responsibility for the preparatory and implementation activities outlined in Sections 13.2 and 13.3 above. The KR Relocation Manager would chair all task forces. Proposed possible composition of these task forces is outlined in Table 13.3 below. If the concept of task forces is adopted, it will be up to the KR Relocation management to decide on their final composition.

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Table 13.2 Proposed composition of the task forces Task force description Proposed key staff in the task force Informed dialogue with PAPs and other project partners, active participation of PAPs

KR Relocation Manager (chair) Public Consultation, Specialist, Engineer, Legal Specialist, NGO Community Facilitator, Consultants (Team Leader and Involuntary Resettlement Specialist)

Verification of the enumeration KR Relocation Manager (chair), Engineer, relevant Government Technical Staff (such as MOLAH staff already experienced in enumeration), NGO Community Facilitator, Public Consultation/Information Specialist and Consultants (Team Leader, Involuntary Resettlement Specialist)

Formal adoption of the RAP after the final verification of the enumeration, Public disclosure

KR Relocation Manager

Identification of relocation sites outside the KR reserve, consensus about relocation sites, completion of all procedures for land acquisition

KR Relocation Manager (chair), Estate Surveyor, Engineer, relevant Government Technical Staff, NGO Community Facilitator, Public Consultation/Information Specialist and Consultants (Team Leader, Involuntary Resettlement Specialist)

Finalizing occupational agreements KR Relocation Manager (chair) and relevant KR staff , Legal Specialist, NGO Community Facilitator

Funding for RAP implementation secured and funds ready for disbursement.


Engineering solutions KR Relocation Manager (chair) and relevant KR staff , local consultant Engineer, contractor(s), Public Consultation/Information/Specialist, Consultants (Team Leader, Involuntary Resettlement Specialist)

Step-wise relocation KR Relocation manager(chair), Engineer, Legal Specialist, NGO Community Facilitator, Data base Specialist,/Processing Supervisor and International consultants (Team Leader, Involuntary Resettlement Specialist)

Monitoring and evaluation KR Relocation Manager (chair), two independent monitors hired by the KR, 2 independent evaluators hired by the KR on the basis of job descriptions prepared with the assistance of the consultants

Budget

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Cost Estimate for RAP

The provided cost estimate covers both the preparatory phase (estimated months 1-6 as well as the implementation phase (estimated months 7-36). The budget provides for relocation of residential PAPS to railway by pass reserve, asphalt footpath and three permanent markets.

The budget has been calculated on the basis of January 2005 exchange rate of 1 USD = 79 KES. Detailed itemized cost estimate is provided for in Annex D.

Table 14. Main budget positions for the full RAP (relocation of residential PAPs within the KR bypass) Budget position KES

1. Administration cost This cost covers both the administrative cost of the preparatory activities as well as the administrative cost of the actual implementation and includes the implementation unit and consultants.

50,536,350

2. Safety of railroad – engineering solutions This includes the cost of sustainable safety improvements including: foot path (surface, foundation and maintenance for the next 5 years): level crossings: barriers to demark the immediate safety zone: and other measures

161,320,774

3. Relocation – engineering solutions

• Development of market sites (ground works, superstructures, electricity supply) identified both within KR reserve to relocate 114 mobile vendors from Mukuru and 283 from Kibera. 1331 businesses from Kibera and 706 from Mukuru

• Development of markets for relocation of PAPs sufficient to cover the cost.

360,938,000

mainly for new

market sites

Compensation measures These include: replacing infrastructure and other fixed assets affected by the project: replacement structures for residences cum businesses (of the same type they occupy now): replacement of residential shelters (at the Railway by pass reserve ): relocating institutions and other cost such as leases for safety of tenure at the new locations or assistance with relocation of vulnerable PAPs

289,841,240

Grievance redress 100,000

Monitoring and Evaluation 2,240,000

Sub total 864,976,364

10% contingency 86,497,636

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GRAND TOTAL 951,474,000

Financing

It is expected that the World Bank support to the East African Trade and Transport Facilitation Project will finance the implementation of the RAP. The MOT will cover the cost of the Relocation Manager.

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Monitoring and evaluation

Monitoring

In section 21, the OP 4.12 calls for arrangements by the implementing agency (in the case of this project the KR) to monitor the relocation activities. This monitoring by the KR should be supplemented by an independent monitor as considered appropriate by the Bank to ensure complete and objective information.

The monitors should not be in conflict of interest and can therefore not be hired from the NGO that supports RAP implementation. The position should be advertised along with the job description and minimum requirements. The monitors must have previous experience with relocation in Kenya and be familiar with the project area. Sources of suitable candidates include: local consulting companies (such as NETW AS International, Nairobi or Runji & Partners Consulting Engineers, Nairobi), resettlement projects, NGOs, institutes affiliated with universities (such as the Institute for Development Studies or the Housing and Building Research Institute, both attached to the University of Nairobi) and other research institutes (like e.g. the Mazingira Institute, Nairobi). The purpose of this monitoring is to provide the sponsor with feed back on RAP implementation and to identify problems and successes as early as possible to allow timely adjustment of implementation arrangements.

Major tasks are:

• Formulating performance monitoring indicators to measure inputs, out puts and outcomes of relocation activities;

• Involvement of the affected PAPs in the monitoring process (participatory monitoring);

• Evaluation of the impact and relocation for a reasonable period after the completion of all activities; and

• Using the results to guide other relocations and resettlements.

Budgetary provision for monitoring and evaluation is included in item 6 within Annex D.1.Itemized Cost Estimate. This provision covers two persons for 20 days each for the monitoring and 2 persons for 20 days each for the final evaluation of the RAP implementation. It is expected that the KR will integrate these specialists into the overall project management process.

Elements of a Monitoring Plan

The three elements of the proposed monitoring plan are:

• Performance monitoring; • Impact monitoring; and

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• Evaluation.

Performance Monitoring

This is an internal management function allowing the sponsor, the KR and the implementing. NGO to measure physical progress against planned results and related activities against targets outlined in Annex D.2 and Annex D.3.

Impact Monitoring

Impact monitoring gauges the effectiveness of the RAP and its implementation in meeting the needs of the affected PAPs. The purpose is to provide the KR, the sponsor and other stakeholders responsible for the RAP with an assessment of the effects of resettlement, to verify internal performance monitoring, and to identify adjustments in the implementation of the RAP as required. Affected PAPs should be included as much as possible in all phases of impact monitoring.

Impact monitoring will use both qualitative and quantitative indicators. Examples:12

• Verification of internal RAP implementation reports (have PAPs been allocated

economically equivalent spots, support provided to vulnerable groups, infrastructure repair, relocation and replacement, preparation and adequacy of market sites etc.);

• Interviews with a random sample of affected people in open-ended discussions to assess their knowledge and concern regarding the relocation process, their entitlements and rehabilitation measures;

• Observe public consultation with the affected PAPs at the cluster level; • Observe the function of the relocation operation at all levels to assess its effectiveness

and compliance with the RAP; • Check the type of grievance issues and the functioning of grievance redress

mechanisms by reviewing the processing of appeals at all levels and interviewing aggrieved affected people;.

• Survey the standard of living of the affected PAPs before and after relocation; establish whether the standards of living have been maintained or improved; and

• Advise the KR RAP Manager regarding necessary improvements in the implementation of RAP, if any.

Evaluation

Evaluation will provide an assessment whether the outcome of the RAP complies with the OP 4.12. The main objective is to determine whether the sponsor’s efforts to restore the living standards of the affected PAPs have been properly conceived and executed.

12 Adapted from the World Bank Involuntary Resettlement Sourcebook

118

The evaluation shall verify that all the physical inputs committed to the RAP have been delivered, and all services provided. In addition, the evaluation should establish whether the mitigation actions prescribed in the RAP had the desired effect. The evaluation will be undertaken after all RAP inputs - including flexible engineering solutions - have been completed, but well before financial commitments have been met to keep space for a corrective action. 15.2.4 RAP Monitoring Plan This plan has been adapted from the IFC Handbook for Preparing a Resettlement Action Plan.

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Table 15.1 RAP Monitoring! PI, Component Activity

Type of Information/data collected

Source of information/data collection measures

Responsibility for Data collection, Analysis and Reporting

Frequency/Audience of Reporting

Performance monitoring

Measurement of input indicators against proposed implementation schedule and budget including procurement and physical delivery of goods, structures and services

Quarterly narrative


Semi Annual

Impact monitoring

Tracking effectiveness of inputs against baseline indicators

Assessment of PAP satisfaction with inputs

Quarterly quantitative and qualitative surveys

Regular public meetings and other consultation with people affected by the project, review of grievance mechanism outputs


Semi annual

Evaluation Measurement of output indicators such as income levels livelihood restoration, availability of shelter replacement of infrastructure affected by the project

Assessment report based on performance and impact monitoring reports, independent surveys and consultations with affected

Contracted external evaluation agency

On completion of RAP implementation schedule

120

PAPs

121

ANNEX A : ENUMERATION PROCESS, KIBERA AND MUKURU A.1 Enumeration Form

125

A.2 Sample of an Identity Card for the PAPs

126

Laini Saba Village

Mashimoni Village

Kisumu Ndogo Village

Kambi Muru Village

Mashimoni Soweto Highrise Kambi Muru

Soweto Highrise Village

Makina Village

DAGORETTI Division

LANGATA Division

Golf Course Location

Laini Saba Location

Kibera Location

Gatwikira Location

Golf Course Village

Gatwikira Village

Soweto West Village

Kyanda Village

Laini Saba/Golf Course

Gatwikira

A.3 Project Affected Areas – Administrative Framework and Enumeration Segments: Kibera PROVINCIAL LEVEL Headed by the Provincial Commissioner Level of DIVISIONS Headed by divisional officers (Nairobi province has 8 divisions Level of locations Headed by locational chiefs assisted by sub chiefs Village Level Headed by sub chiefs Six project segments

NAIROBI PROVINCE

Kyanda/Soweto West

127

NAIROBI PROVINCIAL COUNCIL

Embakasi Division

Mukuru Kwa Njenga

Makadara Division

Viwandani Mukuru Kwa Njenga

Mukuru Kwa Reuben

Sinai

A.4 Project Affected Area - Administrative Framework and Enumeration Segments: Mukuru

PROVINCIAL LEVEL Headed by the Provincial Commissioner

LEVEL OF LOCATIONS Headed by locational chiefs who are assisted by sub chiefs

Level of DIVISIONS (Nairobi Province has 8 divisions) Headed by divisional officers.

VILLAGE level Headed by the clan elders (not govt. staff) assisted by the Sub chiefs. Four project segments

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ANNEX B: Relocation – Governing Principles Complyimg with Kenyan and WB/IFC Operational Policies and Guidelines

B.1 Matrix of Relocation Impacts

Category Unit Laini Saba Soweto Mashimoni Gatwekera Kyanda Kisumu

Ndogo Total

A. Economic Displacements

857

753

92

166

64

116

2408

A1. Mobile Vendors Occupying space1

nos 139 113 14 11 7 15 299

A2. Businesses nos 386 375 57 96 22 78 1014 A.2.1 Structure Owners

persons 386 375 57 96 22 78 1014 A.2.2 Tenants HH 196 160 23 40 18 28 465 A.2.3 Employees persons 260 196 14 63 13 56 602 A3. Residences nos 275 303 12 45 33 10 578 A.3.1 Structure Owners

persons 275 303 12 45 33 10 578 A.3.2 Tenants HH 84 98 3 27 14 4 230 A.4 Residences cum Businesses2

nos 47 51 7 11 10 9 135 A.4.1 Structure Owners

HH 47 51 7 11 10 9 135 A.4.2 Tenants HH 22 5 1 1 2 1 32 B. Impacts on physical structures/means of display

Square meters

16018.41

14895.56

1829.88

2313.13

1910.02

2261.13

39228.2

8.1. Businesses3 Square meters

4701.09 4829.5 569.89 840.1 220.1 750.1 11910.78

8.1.1 Not movable: (stones or bricks)

nos 19 8 0 0 1 3 31

8.1.2 Not movable: (mud, wood, corrugated iron)

nos 347 337 54 87 17 16 858

8.1.3 Movable (wood, corrugated iron)

nos 159 143 17 21 12 21 373

8.104 Mobile (carriable means of display

Square meters

139 113 14 11 7 15 299

8.2 Businesses cum residential

Square meters

596.21 820.6 220.02 225.39 223.72 221.85 2307.79

8.2.1 Not movable (stones or bricks)

nos 3 10 0 0 1 0 14 8.2.2 Not movable (mud, wood, corrugated iron)

nos 45 41 7 11 9 9 122

8.2.3 Movable (wood, corrugated iron)

nos 0 0 0 0 0 0 0

8.3. Residential4 Square meters

5194.01 4680.08 225.96 493.08 486.11 222.08 11301.39

8.3.1 Not movable (stones or bricks)

nos 24 11 0 2 0 0 37 8.3.2 Not movable (mud, wood,

nos 251 192 12 43 33 10 541

129

(mud, wood, corrugated iron) 8.3.3 Movable (wood, corrugated iron)

nos 0 0 0 0 0 0 0

C. Institutions nos 9 7 1 3 0 2 22 C.1 Schools Nos

Square meters

2 230

2 230

0 0

0 0

0 0

0 0

4 460

C.3 Places of worship

Nos Square meters

6 540

4 430

0 0

3

0 0

0 0

13 970

C.4 NGOs/ CBO’s / Political Offices5

Nos Square meters

1 104

2 104

1 104

0 0

0 0

1 230

5 542

Notes 1Space for mobile vendors is calculated on the assumption that one mobile vendor occupies 1m² of space. 2Average size of residential cum business units is 17.09 m². 3Average size of the businesses is 11.1 square meters 4 Average size of residential units is 19.5 m². 5Two political offices are found in Kisumu Ndogo, i.e Liberal Democratic Party and in Soweto which is also the Liberal Democratic Party Soweto Office. In Mashimoni an NGO known as KICOSHEP is affected. The organization runs a school and clinic. In Laini Saba a CBO known as Laini Saba Umoja Welfare Association is an Affected PAP.

130

B.2 Compensation Entitlement Matrix

Affected unit [PAP] Project Impact Compensatory measures Other measures Budgetary implications A. Vendors and businesses; estimated 2,143 PAPs A.1 Mobile vendors occupying space. This includes ‘itinerant’ vendors of all types, who may have spots or places where they sell on a regular basis and as a result may have regular clientele that guarantees them a steady if very low income. In these cases, where income may be curtailed until the vendors find new spots [or not curtailed if they are helped to find financially ‘equivalent’ and challenged spots immediately], they qualify as project affected.

Loss of trading location/ space with subsequent loss of income from trading. Estimated 390 PAPs

1. Provision of financially equivalent’ and challenged spots within their present location [empty spaces] or as near as possible.

2. Estimated 276 PAPs in Kibera relocation on market site offering equivalent or higher income opportunities within KR reserve and in direct proximity to clientele [financially ‘equivalent’ location].

Estimated 114 PAPs in Mukuru

1. Readjustment of land and / or the way of storage and display within the location to accommodate higher number of mobile vendors within the current location or within some 300m of the current location to facilitate option 1 [host communities assisted by KR and others responsible for providing support to the relocation] 2.leases of land

2. Lease of stalls in markets within KR reserve.

Cost of legal counsel related to issuing and acquiring of lease. Cost of acquiring lease

A.2 Businesses; estimated 1753 PAPs

131

A.2.1 Business owner [owner-operated businesses]

Estimated 1454 PAPs Loss of trading location with subsequent loss of income from trading. Loss of structure to house the business

1. Relocation to market sites offering equivalent or higher income opportunities within KR reserve and in direct proximity to clientele [financially ‘equivalent’ locations]. Estimated 639 PAPs in Mukuru, 260 PAPs in Kibera

2. Relocation sites on the KR reserve and in direct proximity to clientele [financially ‘equivalent’ locations].

Estimated 555 PAPs in Kibera 3. Assistance with

moving for those who are disadvantaged [single women with children, the handicapped etc]

Estimated 6 PAPs

1. Priority of choice between compensation options to these with a valid KR occupation license [12 in total]

2. Leases of land [within KR reserve

3. Lease of stalls in markets within KR reserve

1. Cost of development of permanent market sites within KR reserve

2. Cost of legal counsel

related to issuing and acquiring the lease

3. Cost of acquiring lease

A.2.2 tenants of businesses [tenant operated businesses)

Estimated 299 PAPs Loss of trading location with subsequent loss of

1. Market’s sites on land offering equivalent or higher income opportunities within

1. Priority of choice between compensation options to those with a valid KR occupation

1. Cost of development of market sites

2. Cost of legal counsel

132

income form trading. Loss of shelter for businesses

KR reserve and in direct proximity to clientele.

Estimated 67 PAPs from Mukuru 2. Relocation sites on the

KR reserve and in direct proximity to clientele [financially ‘equivalent’ locations]

Estimated 232 PAPs from Kibera

license [4 in total] 2. Leases of land within

KR reserve 3. Lease of stalls in

markets developed in the railway reserve

4. Business units within the railway bypass

related to issuing and acquiring lease


A.2.3 Employees in businesses

Estimated 1662 persons Possible loss of job [can only be established during relocation]

Only for those who will not continue employment in relocated businesses; 1. Legal counseling on

their rights for compensation from employers [by TA legal advisor];

2. Skills training; 3. Information on

optional employment opportunities [implementer]; and

4. Linking with small scale credit providers to finance start-up business [short list attached in annex B.4] KR supported by TA

1. Consultation with exiting employer to retain the employee after relocation

2. Consultation with employees if proper notice and compensation as per Kenyan law received to terminate their contract. [KR supported by TA and NGO during implementation]

3. Information on private sector employment agencies. [KR supported by the relocation

Depending on options selected for the different affected employees who cannot continue with their jobs; 1. Cost of skills training.

Cost of legal counsel if retrenchment did not follow Kenyan law.

2. Support to small credit providers for small credit specifically for the retrenched employees to assist with starting own businesses etc.

133

and NGO. The actual number of affected persons can only be established during relocation

implementation consultant and NGO].

4. Information on providers of small credit [list attached in Annex B.4].

B. Residences estimated 191 PAPs B.1 structure owners who occupy their structures

Estimated 135 PAPs Loss of shelter

1. Replacement shelter within the housing units to be developed by KR on the Railway by-pass

2. Replacement shelter with the same or better amenities in unchallenged spots outside the informal settlement but within a reasonable distance to their places of work.

3. Final numbers to be established during verification

4. Access to social infrastructure and services [schools, means of public transport etc.] of at least the same level as in their current locations

5. Assistance with relocation [transport) for vulnerable groups such as single female

1. Grant of leases at nominal rents till resettlement under KENSUP programme Reconfirmation from KR concerning availability of suitable replacement shelters in time for relocation.

2. NGO can provide additional information on residential PAPs as/if required.

3. Grant of leases at nominal rents till resettlement under KENSUP programme

1. Full cost of development of housing units and amenities

2. Cost of developing social infrastructure in the relocation sites

3. Cost of legal counsel related to issuing and

4. acquiring the lease 1. Cost of acquiring the

lease 2. Cost of assistance with

relocation for disadvantaged PAPs

134

headed households with small children, the sick and the handicapped]

Estimated 0 PAPs. B.2 tenants in residential structures

56 PAPs Loss of shelter

1. Replacement shelter within the housing units to be developed by KR on the Railway by-pass.

2. Replacement shelter

of the same or better amenities in unchallenged spots outside the informal settlements but within a reasonable distance to the places of work [for example KENSUP decanting relocation site].

3. Access to social infrastructure and services [schools, means of public transport etc] of at least the same level as in their current location.

4. Assistance with relocation [transport for vulnerable groups such as single female-headed household

1. Reconfirmation from KR concerning availability of suitable replacement shelters in time for relocation.

2. NGO can provide additional information on residential PAPs as if required.

3. Grant of leases at nominal rents till resettlement under KENSUP programme

1. Full cost of development of housing units.

2. Cost of developing infrastructure in the relocation sites.

3. Cost of legal counsel related to issuing and acquiring lease.

4. Cost of acquiring lease. 5. Cost of assistance with

relocation for disadvantaged PAPs

135

with small children, the sick and the handicapped]. Estimated 0 PAPs.

C. Residences cum businesses; 54 PAPs C1. Structure owners [who live and trade in their own structures

37 PAPs Loss of trading location with subsequent loss of income from trading Loss of shelter

1. Provision of financially ‘equivalent’ unchallenged spots within their present locations or as near as possible, within the KR reserve.

Estimated 24 PAPs in Kibera and 13 PAPs in Mukuru 2. The verification will

establish how many of these PAPs can be moved into existing empty structures, accommodated in empty spaces and for how many replacement structures need to be provided. In some cases, it may also be possible to accommodate the residential PAPs in an existing house/room and the market part in

1. Priority of choice between compensation options to those with a valid KR occupational license.

2. Readjustment of land and/or the way of storage and display within the location to accommodate higher number of PAPs [affected and host communities assisted by KR and other responsible for/providing support to the relocation].

3. Leases of land within KR reserve

4. Leases of stalls in markets to be developed in KR reserve

1. Cost of legal counsel related to issuing and acquiring lease


136

one of the nearby market locations for PAPs in Kibera.

3. Assistance with moving for those who are disadvantaged. [Estimated 0 PAPs]

C.3 tenants of residences cum businesses

17 PAPs Loss of shelter, loss of trading location with subsequent loss of income from trading

1. Provision of financially ‘equivalent’ and challenged spots within their present locations or as near as possible within KR reserve 15 in Kibera, 2 in Mukuru

2. Verification will establish how many of these PAPs can be moved into existing empty structures, how many can be accommodated in empty spaces and for how many replacement structures need to be provided. In some cases, it may also be possible to accommodate the residential PAP in an existing house/room and the business part in one of the nearby

1. Priority of choice between compensation options to those with a valid KR occupation license

2. Readjustment of land and/or the way of storage and display within the location to accommodate higher number of PAPs [affected and host communities assisted by KR and other responsible for/providing support to the relocation].

3. Leases of land within KR reserve

4. Leases of stalls in markets to be developed on the railway reserve.

1. Cost of legal counsel related to issuing and acquiring lease


137

market locations. 3. Exact numbers to be

established during verification

4. Assistance with moving for those who are disadvantaged

5. Estimated 0 PAPs. D. Institutions; 9 PAPs D.1 Schools 0 PAPs

Loss of location and structure for the institution. Loss of service for the community 3 PAPs Loss of a strip of land

1. Replacement of fences and to the degree possible lost strip of land for the institution to remain functional.

2. Reorganization of the institution

1. Discussion with the institution to agree on replacement [KR]

D.2 Kindergartens 0 PAPs Loss of location and structure for the institution Loss of service for the community 1 PAP Loss of a strip of land

1. Replacement of fences and to the degree possible lost strip of land for the institution to remain functional

2. Reorganization of the institution

1. Discussion with institution to agree on replacement [KR]

D.3 places of worship 2 PAPs Loss of location and structure for the institution Loss of service for the community 2 PAPs Loss of a strip of land

1. Moving one church [movable structure] in Kibera, Laini Saba to a nearby location within the Kr reserve.

2. Replacing one church in Kibera, Laini Saba [not movable structure]

1. Discussion with the institution to agree on location and replacement structure and land [KR]

138

on a nearby location within the KR reserve.

3. Replacement of fences and to the degree possible lost strip of land for the institution to remain functional

D.4 NGOs/CBOs 0 PAPs Loss of location and structure for the institution. Loss of service for the community. 0 PAPs Loss of a strip of land

N/A N/A

D 5 Clinic 1 PAP Loss of location and structure for the institution. Loss of service for the community. 0 PAPs Loss of a strip of land

1. Moving the dispensary to a nearby location in Mukuru, Sinai.

1. Discussion with institution to agree on location and replacement structure and land [KR]

E. Land

E.1 Crop land 1. Loss of food if food

crops, loss of income if cash crop

2. Not enumerated; to be established during verification

1. Replacement land allocated within the same location. The relocation can only take place after harvest.

1. Dialogue with the PAP and the community

1. None if implementation only after the harvest and land within the KR reserve

E.2 Grazing/transit land N/A 1. The foreseen footpath in the area of the crossing will be

1. No obstructions [sleepers etc will be placed within the area

1. Additional maintenance of the path

139

maintained twice a year instead of once as envisaged for the remaining section.

of the transit corridor.

140

B.3 Consultation Log

Date Location Host organisation Segments Issues to be discussed Expected Outcomes

6th July 2005 Ministry of Transport Ministry of Transport Review of Kibera Relocation Action Plan

25th July 2005 Kenya Railways Offices

Kenya Railways Offices

Response to a letter from the Worlb Bank and matters arising from field work

Awareness to commence along the line

26th July 2005 Kibera Pamoja Trust All

Training and Planning for enumeration Exercise

120 Enumerators trained, common agreement on Commencement dates

2nd August 2005 Kibera Kisumu Ndogo All De-briefing on the enumeration exercise

Resolving conflicts arising from the exercise

4th August 2005 Pamoja Trust Pamoja Trust Evaluation with staff on progress on fieldwork

Tackling challenges arising

5th August 2005 Pamoja Trust Pamoja Trust Evaluation with staff on progress on fieldwork Division of tasks

6th August 2005 Kibera Kisumu Ndogo All

General issues arising during the enumeration exercise

Confirmation of the schedule consultative meetings with the Kenya Railways



Evaluation and discussions on key issues arising, Awareness and Ownership building




141




15th August 2005 Pamoja Trust Pamoja Trust Kisumu Ndogo

Clarification of what Pamoja Trust is and its role in the entire RAP

Confidence building of the Kisumu Ndogo railway Residents,Coomon Understanding on the concessioning and Relocation plans and Preparation for Meeting on 16th August 2005

16th August 2005 UN - Habitat Offices - Kibera Kenya Railways All

Consultative meeting between KRC, Local Administration, Pamoja Trust and Affected Railway Dwellers

Awareness and confidence building on the RAP between the local Administration and railway dwellers

142

B.4 Microfinance Institutions

Name Mail Address Phone &Email Address

Main Clients

Kenya Women Finance Trust

Box 55919, City Square, Nairobi

650288 650289

Women

KADET Box 1676 00200 Nairobi

3872853 Small businesses

Faulu Kenya Box 60240 00100 Nairobi

3873130 3876568

Small businesses

K-Rep

Box 10528, 00100 Nairobi

3872422 3872375/89/59

Businesses

Small & Micro Enterprise Programme

Box 64063 Ronald Ngala St. Nairobi

3870162 3861927

Small businesses

143

ANNEX C: Flexible Engineering Solutions – Kibera and Mukuru

C.1 Cross Sections

144

C.2 Engineering Solution

145

C.3 Impact Table C.3.1 Kiberia

From To Impact Right Impact Left Comment

534600 534770 0 0 534770 534880 7.5. 5.2.

Some 15 residentials outside 7,5 affected since they have entrances angular to the railway line at about 8 m, 534.800 to 534.890 all affected residents to be relocated to the relocation site

534880 535245 5.2. 5.2. Footpath widening and alignment. All PAPs to be relocated or moved back.

535245 535570 5.2 27

Footpath widening and alignment. All PAPs to be relocated or moved back. Some 150 houses affected to the left. All affected residents to be relocated to the relocation site. No displacements to the right, a new paved and drained footpath to the right.

{J -

535570 535595 7,2 21 Possible new market area left. .All PAPs to be reorganized within. No displacements of additional stalls to be relocated here.

535595 535760 7,2 6,7 All PAPS to be relocated to site above and new market location here in below. No residential PAPs.

535760 535950 30 30

Site for the first market. All PAPS 208 in number will be relocated to the market and residences relocated to the relocation site. Additional space provided for communal spaces and activities.

535950 536150 27 6,7

Possible new market area right, existing road to be filled and maintained. All PAPs to be reorganized at the same location. Possible new market area, double "WB". Additional stalls provided.

536150 536380 0 0

536380 536400 10 21

At least 10 structures of five houses each to left and 2 to the right affected .All residential PAPs to be relocated to the new site and traders to the new markets .

536400 536580 5.2 27

About 15 Traders to be relocated to clear the safety zone to the right and left. 3 structures of 3 houses each to be pushed back to the left to clear and improve existing footpath.

536580 536620 5,2 27 Traders to the right to be relocated. 5 structures of 4 houses each to be removed to connect the footpath to the left.

536620 536700 0 0 no impact between 0 and 25 from track 536695 536725

536700 536730 0 30 Reorganization of the front, new traders to be relocated here, churches to remain in place.

536730 536845 0 0

536845 536925 5,2 27 New footpath to the left, four structures to be removed. All residential PAPs to be relocated.

146

536925 536945 5,2 21 All PAPs to be relocated.

536945 537200 0 0

Site of new market. All PAPS about 97 to be relocated including housed (31) at the new relocation site. The church and the youth centre to be included in the new market.

537490 537580 5,2 21

25 business structures to be removed to align the footpath. The rest to be moved back. The school entrance to be changed and two residents to be relocated at the relocation site.

537580 537660 5.2 27 Two churches to be removed and one four roomed unit. The rest of the businesses to move back.

537660 537745 5.28 30 Site of a new market. All PAPs to be relocated and reorganized within The spot.

537745 537780 9,2 21 Push back traders and align front. 537780 537810 0 27 2-3 buildings left affected 537810 538195 0 0

538195 538400 5.2 27 School boundary and yard affected to be pushed back, fresh dumping and church affected to the right.

538400 538 680 5.2. 30 No displacements. To the left. Five toilets and new fencing to be pushed back.

538680 538850 0 21 2 no. Water tanks and two houses to be moved back.

1 Impact matrix indicates the relative distances of footpath from railway centerline to location of footpath to the left and right. And shows the impact of the designed location on mobile vendors, businesses and residents. The same is described for the markets. The markets are within KR reserve and cover from 5.2. to 30 metres inclusive of footpath.

147

ANNEX D: Time and Budget – Relocation Action Plan D.1 Timetable for RAP Implemantation

Steps Activity DescriptionNumber of PAPs

1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12

Preparatory Activities As described in table 13.1

1 Construction 160 housing units on the bypass

2 Relocation (type 1) 41 business from Market 1 site to vacant spaces along the railway reserve 41

3 Relocation (type 3) 137 residential and 22 busisness cum residential from Market 1 site to bypass housing 159

4 Relocation (type 1) 8 institutions from Market 1 site to spaces along the railway reserve 8

5 Construction Market 1 with 518 stalls

6 Construction 320 units of housing at bypass

7 Relocation (type 2) 41 business previously relocated to provide space for construction of Market site 1 41

8 Relocation (type 3) 68 business and 23 busisness cum residential paps from Market 2 site into Market 1 91

9 Relocation (type 3) 386 business from 5.2 meter zone into Market 1 386

10 Relocation (type 3) 23 residential and 5 business cum residential from site for Market 2 into bypass housing 28

11 Construction Mini Market to accommodate 260 business

12 Relocation (type 1) 250 business from 5.2 meter zone into Mini Markets 250


14 Relocation (type 3) 151 business from 5.2 meter zone into Market 2 151

15 Relocation (type 3) 54 busisness cum residential and 29 residential from 5.2 meter zone to bypass housing 83

16 Fencing Entire 5.2 meter safety zone

17 Relocation (type 3) 24 busisness cum residential from Soweto footpath to bypass housing 24

18 Relocation (type 3) 84 business from Soweto footpath to Market 2 84

19 Relocation (type 3) 182 residential from Soweto footpath to bypass housing 182

20 Construction Footpath construction in Soweto

21 Construction 320 units of housing at bypass

22 Relocation (type 3) 130 business from Laini Saba footpath to Market 2 130

23 Relocation (type 3) 32 busisness cum residential from Laini Saba footpath to bypass housing 32

24 Relocation (type 3) 136 residential from Laini Saba footpath to bypass housing 136

25 Construction Footpath construction in Laini Saba

26 Relocation (type 3) 54 business from Kisumu Ndogo footpath to Market 2 54

27 Relocation (type 3) 1 busisness cum residential and 2 residential from Kisumu Ndogo footpath to bypass housing 3

28 Construction Footpath construction in Kisumu Ndogo

29 Relocation (type 3) 24 business from Kambi Muru footpath to Market 2 24

30 Construction Footpath construction in Kambi Muru

31 Relocation (type 3) 43 business from Market 3 site to Market 2 43

32 Relocation (type 3) 48 residential and 9 business cum residential from Market 3 site to bypass housing 47

33 Relocation (type 1) 9 Institutions from Market 3 site to spaces along the railway reserve 9


35 Relocation (type 2) 250 business from 5.2 meter zone and temporarily at Mini Market now to Market 3 250

36 Relocation (type 3) 283 mobile vendors into Mini Markets 283

37 Relocation (type 3)121 business from Gatwekera, Mashimoni, Makina, Kyanda & Soweto West footpath sites into Market 3 121

38 Relocation (type 3)7 business cum residential and 20 residentials from Gatwekera, Mashimoni, Makina, Kyanda & Soweto west footpath sites into bypass housing 27

39 Construction Footpaths in Gatwekera, Mashimoni, Makina, Kyanda & Soweto West

2687Total number of relocations

Year two (months) Year three (months) Year one (months) Implementation Schedule

148

Relocation type 1

Relocation type 2

Relocation type 3

Housing 800

Markets 1422

Mini Markets 260

Total 2482

Residential 767

Business 1482

Institutions 27

Mobile traders 283

Total 2559

Required Spaces

Available spaces

From current site to temporary site

From temporary site to permanent site

From current site to permanent site

149

D.2 Budget for Implementation of The Relocation Action Plan

3. RELOCATION - ENGINEERING SOLUTIONS 360 938 000 3.1 Market sites within KR reserve: ground works 8) 26,370,000 3.1.1 Mukuru 20) M2 11.504 19 360000 3.1.1.1 km 521.424 to 521.480 left (Jamaica) M2 224 0 0 3.1.1.2 km 521.970 to 522.485 right (Sinai) M2 2060 2,000 4,120,000 Estimates by contractor, Jan 2005

3.1.1.3 km 519.100 to 519.500 right Lunga Lunga 2) M2 1600 0 0 3.1.1.4 km 519.500 to 521.424 left (Lunga Lunga 1) M2 7620 2000 15,240,000 Estimates by contractor, Jan 2005 3.1.1.4 km 519.500 to 521.424 left (Lunga Lunga 1) M2 76

3.1.2 Kibera 3305 2,000 6,610,000 Estimates by contractor, Jan 2005 3.1.2.1 km 535.570 to 535.595 left (Ngummo) M2 375 2,000 750,000 Estimates by contractor, Jan 2005

3.1.2.2 km 535.825 to 535.850 right (Laini Saba KwaChief) M2 400 2,000 800,000 Estimates by contractor, Jan 2005 3.1.2.3 km 535.850 to 536.085 right (near to golf course) M2 2350 2,000 4,700,000 Estimates by contractor, Jan 2005 3. 1.2.4 km 536.700 to 536.730 left (Mashimoni) M2 180 2,000 360,000 Estimates by contractor, Jan 2005

3.2 Superstructures and electricity for market sites 169,560,000 3.2.1 Superstructures for market sites 9) M2 21600 7,000 151,200,000 Estimates by consultant 3.2.2 Electricity supply for market sites M2 21600 850 18,360,000 Estimates by consultant

169,560,000 3.3 Two level concrete Market sites within of the KR Reserve M2 10,567 172,018,000 3.3.1 Concrete markets within market No. 2 M2 8,936 7,000 62,552,000 3.3.2 Concrete markets within market No. 5 M2 8,936 7,000 62,552,000 3.3.3 Concrete markets within market No. 7 M2 6,702 7,000 46,914,000

4. COMPENSATORY MEASURES 289,841,240 4.1 Replacing infrastructure and other fixed assets 6,871,900 4.1.1 Relocating water points within 12 m dia. Nos 6 5,000 30,000 Tecta Consultants 4.1.2 Replacing water tanks (4,600 I size) Nos 6 35,000 210,000 Tecta Consultants 4.1.3 Relocating electricity lines M 400 1,000 400,000 KR 4.1.4 Re-aligning water pipes M 1440 1,000 1,440,000 Tecta Consultants 4.1.5 Re-aligning drains M 775 1,000 775,000 Estimates by contractor, Jan 2005

4.1.6 Phone lines M 80 750 60,000 KR 4.1.7 Fences M 4.1.7.1 Chain link M 202 1,500 303,000 MOPW 6) 4.1.7.2 Masonery M 52 1,500 78,000 MOPW 6) 4. 1.7.3 Wood M 76 650 49,400 Tecta Consultants 4.1.7.4 Barbed wire M 102 1,250 127,500 Estimates by contractor, Jan 2005 4. 1.7.5 Corrugated iron sheets M 49 1,000 49,000 Estimates by contractor, Jan 20054.1.8. Showers Nos 67 25,000 1,675,000 Estimates by contractor, Jan 2005 4.1.9 Latrines Nos 67 25,000 1,675,000 Estimates by contractor, Jan 2005

4.2 Replacement structures 21) 69,678,000 4.2.1 Moving movable structures (corrugated iron, wood) 11) M2 3,950 4,500 17,775,000 Estimated by KR 4.2.2 Replacing masonary structures 12) M2 167 9,000 1,503,000 Estimated by KR

4.2.3 Replacing structures (wood, mud, corrugated iron) 12) M2 14,400 3,500 50,400,000 Estimated by KR

4.3 Replacement of residential shelters 4.3.1 Unit A (2 rooms bathroom, kitchen, some 25m2) 23) Unit 875 225,000 196,875,000 Tecta consultants

4.4 Institutions 1,416,000 4.4.1 Moving a church in Laini Saba to a nearby location M2 50 4,500 225,000 Estimates by contractor, Jan 2005 4.4.2 Replacing church, Laini Saba (mud, wood) M2 54 9,000 486,000 Estimates by contractor, Jan 2005 4.4.3 Moving dispensary, Sinai, to a nearby location M2 124 3,500 434,000 Estimates by contractor, Jan 2005

4.5 Other cost 15,000,224 4.5.1 Cost of legal counselling related to acquiring leases 17) 0 0 4.5.2 Cost of acquiring long-term leases 22) Nos 2,388 6,248 14,920,224 Estimates based on cost of KR licence 4.5.3 Cost of skills training for dismissed employees 18) 0 18) 4.5.4 Support to microfinance institutions 19) 0 19) 4.5.5 Cost of assistance with relocation to vulnerable PAPs Nos 8 10,000 80,000 4.5.6 Cost of crop land if outside KR Reserve

150

5. GRIEVANCE REDRESS Is 1 100,000 100,000

6. MONITORING AND EVALUATION 2,240,000 6.1 RAP Monitoring 13) p/days 40 28,000 1,120,000 6.2 RAP Evaluation 14) p/days 40 28,000 1,120,000

7. Sub-total 864,976,364 8.10% Contingency 86,497,636

9 GRAND TOTAL 951,474,000NOTES1) The KR staff will be paid by the KR. Rates payabale to Public Servants attached to projects, issued by the President, 29 August 2003 (ref OP/GAB,2/12A(9): 58,800 KES per month for senior staff, 52,500 for junior staff2) Fee rate for completion of preparatory phase.3) 20 verification supervisors (2 for each PAP group) for 8 days each plus 2 days for training4)10 enumerators for each PAP group, 7 days each (including 2 days for training). It is assumed that volunteers from the affected PAPs can be identified5) 3 data processing staff for 14 days each6) MOPW: Current Construction Cost, Ministry of Roads, Public Works and Housing, September 20047) Detailed design 2 p/m, tendering 1 p/m, supervision 8 p/m, discussions with communities 1 p/m = total 12 p/m assuming KR is able to pay the contractor(s) as soon as the certificates are processed by Architect. The provision also covers services of an Engineering Surveying Assistant and quantity Surveyor to work with the Architect.8) The unit cost is a summary of average estimated cost for land works (levelling, drainage, compacting) = 2,000 KES/m2 (Estimates by contractor, January 2005)9) Includes trading structures, water supply, VIP latrines10) Includes secretary, phone, stationery and sundry expenses11) Using part of the materials from the demolished structure. Exact numbers to be established during verification.12) Rebuilding from same type materials. Exact numbers to be established during verification.13) 2 persons each, for 20 days each, @ KES 28,000 per day14) Final evaluation: 2 person, each for 20 days @ KES 28,000 per day15) To be decided during the six months preparation phase16) The cost can only be established after a detailed design. works are needed and what legal procedures are required.The provision from 20% contingency should cover these cost. One option discussed during the planning is the Decanting site beyond Kibera.17) Covered by the provision of Legal Specialist (ref. Section 1 Administrative Cost of this budget)18) The cost can be only established during relocation, when information on the numbers of retrenchees and their skills are available. The 20% contingency should cover these cost.

19) What types of loans (for housing business etc.) are required, how many and thru which institutions these could be chanelled needs to be established during the preparatory phase (months 1-6)20) Land cost has been maintained for improvement of services to relocation sites.Rationale for calculations of required land: [(average size of mobile vendor’s display = 1 m2 X number of mobile vendors) + (average size of businesses = 8m2 X number of businesses)] X 1.68. The multiplier of 1.68 covers estimated space for foot path, latrines, water supply and spaces between lines of traders.

21) The businesses cum residences will be relocated within the KR reserve in already existing vacant or in replacement structures. For the purpose of this budget, the required square meters have been calculated as follows: Number of businesses cum residences X by their average size of 15.3 m2. The cost is an estimated average for movable and non-movable structures. The verification will establish how many of these PAPs can be moved into existing empty structures with viable trading opportunities and for how many a replacement structures need to be provided. In some cases, it may also be possible to accommodate the residential PAP in an existing house/room and the business part in one of the nearby market locations.22) It is assumed that each of the 2,048 relocated PAPs will be issued with occupational licence in their new location. The cost have been estimated on the cost of Temporary OccupationLicence issued by the KR in 1999 and include: Agreement preparation fee, valuation fee, processing fee, pegging out the site, stamp duty totalling KES 5,680.10% has been added to the cost to account for inflation during the past 5 years.The budget has been maitained.23) In this budget it has been assumed that all residential PAPs will be accommodated in the relocation site. These are affordable for many PAPs. KRC to charge nominal rents.

relocation action plan for improving the safety along kenya ......2005/10/29 · relocation action...

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