RESETTLEMENT ACTION PLAN

Kenya Power & Lighting Company limited RABAI POWER PLANT PROJECT RESETTLEMENT ACTION PLAN Draft Report October, 2008

EXECUTIVE SUMMARY I. Preamble The need to implement involuntary resettlement/ relocation of nearby residences away from the Rabai power plant is due solely to the propagation of nuisance noise that will emanate from the plant during night time hours. The plant was designed in accordance with KPLC tender criteria that is that the designated site was zoned as an industrial area and as such the applicable noise standard according to IFC guidelines would be 70 db(a) during day and night time hours. Further investigation undertaken during the Environmental and Social Impact Assessment (ESIA) established that the area was both industrial and residential. The applicable noise standard that the plant must comply with in accordance with International Finance Corporation (IFC) guidelines is that of industrial/ residential that is 55 db(a) during day time hours and 45 db(a) during night time hours. The initial design criteria for the plant would therefore exceed the IFC noise standards for residential area. In order to quantify the extent of this impact an preliminary desktop noise modelling study was undertake. The finding of this study concluded that noise from the plant would breach the IFC residential noise standard within a radius of 700m from the plant. The IFC hourly maximum standard for noise levels, defined in terms of Leq (Less than or Equal to) in residential areas during day time hours (07:00 hours to 22:00 hrs) is 55 db (A) and during night time hours the standard is 45 db(a). II. Assessment of Noise Impact Following on from the preliminary noise modelling KPLC commissioned a desktop noise attenuation study in order to assess the cost to mitigate this impact and to minimise to the extent possible the number of Project Affected Persons (PAPs) affected. The study was undertaken by BWSC and concluded, taking cognisance of environmental, social and economic consideration that by improving the design of buildings and investing in acoustic sound attenuation components for specific plant and equipment the propagation of noise could be guaranteed to be in compliance with IFC guidelines at fewer than 400m from the plant. The study also concluded that there was a cost benefit limitation whereby further attenuation improvements above the proposed measures investigated in the study proved to be very expensive for minimal reduction in propagation distance that is the cost per metre reduction when up exponentially. During the Environmental Social Impact Assessment (ESIA) for the project, an independent noise modelling assessment was conducted. This independent study took cognisance of the site baseline background noise levels and the improved design attenuation measures detailed in the BWSC study. The study concluded that the existing site background noise was on average around 48 db(a). In cases were background levels exceed standards, IFC apply what is termed the nuisance perceptibility criteria that is the contribution \ increase of noise of 3 db(a) above background level will not be perceptible to nearby receptors. Using the above criteria the ESIA independent study concluded that during night time hours that the permissible noise increase contribution to existing background levels of 3dBA will be in compliance with IFC requirements at a distance from the centre of the stack outward in a non-homogeneous radius of 250m from the plant. The non-homogeneous propagation is caused by general topography, flora, buildings and prevailing wind direction. Page 1 of 86

III. Social Impact KPLC social team undertook a residential location survey of the project area. The findings of this survey concluded that at a contour radius of 400m from the centre of the plant stack that there would be a total of 59 residences, housing 448 people that could potentially be subjected to nuisance noise above the IFC permissible background level during night time hours. The survey identified that in the 250, 280, 300, 325 and 400 metres radii from the stack location that the number of household and residents residing within these contours bands are as follows. Seventeen (17) household with a total of 141 residents fall within 250 m radius, Nine (9) households with a total of 96 residents fall within 280 m radius, Seven (7) households with a total of 36 residents fall within 300 m radius, Four (4) households with a total of 21 residents fall within 325 m radius, and Twenty two (22) household with a total of 154 residents fall within 400 m radius. The table below provides a summary of number of Households, PAPs and structures in each of the five locational bands). Bands Distance from No. of Total No. of Total No. of Plant (m) Households Residents Structures Band A [0-250] 17 141 27 Band B [250-280] 9 96 23 Band C [280-300] 7 36 13 Band D [300-325] 4 21 11 Band E [325-400] 22 154 46 Total [0 to 400] 59 448 124 IV. RAP findings After extensive deliberation and taking cognisance of the social and environmental wishes of the affected residents, the findings of the two noise studies and the above data KPLC has determined that the best options going forward is to set a conservative noise propagation footprint and implement a two stage RAP process for the following reasons: the two noise surveys were not conclusive in respect to their findings as to the maximum noise propagation distance; the initial study guaranteed compliance at 400m; the ESIA independent survey concluded that noise propagation would be in compliance with IFC guidelines at a distance of 250m from the stack; Page 2 of 86

the contractor has since reassessed his initial findings and guaranteed that the propagation of noise will be in compliance with IFC guidelines at a distance of 300m from the stack; and consultations with potential PAPs intimated that they would be happy to be relocated but would prefer to remain together maintaining their family ties, cultural tradition and bonds. This request affects the two clusters of residents falling within the 280m radius amounting to some 26 households whereby some of the residents straddled the 280 m band. Given the above findings and taking cognisance of the PAPs request it was decided based on an environmental and social perspective to relocate those households falling within 300m radius from the plant. V. RAP Implementation Phase I In Phase I, the plan is to relocate those receptors that fall within the 300m contour radius. From the residential location survey above this will involve relocation of 33 households, housing some 273 residents. A budget amounting to more than 63 million Kenyan Shillings (Kshs) has been estimated to cover the compensation and relocation costs for this Phase. The RAP, is designed in accordance with the Resettlement Policy Framework (RPF) as detailed in the project ESIA and meets IFC Performance Standards. An implementation programme for Phase I has been developed and it is envisaged that this programme will take 12 months to implement. Following commercial operations of the plant KPLC will undertake a night time noise survey of residential receptors that reside outside the 300m contour. Should the noise attenuation measure that have been included in the modified design of the plant be insufficient to negate the propagation of noise to within 300m the following options will be undertaken. Option 1 Option 2 Rabai Power Limited will have the discretion to select any remedies inside 300 metres area in consultation with KPLC to achieve compliance with noise propagation requirements. This could be further attenuation improvements to specific equipment, providing additional covers or absorbent walls\ guards at specific locations or building bund walls to mitigate the propagation of noise. A Phase II RAP will be implemented for those households that are identified during the operational noise compliance survey. The cost of this Phase II RAP will be funded by the sponsors Rabai Power Limited VI. Costs and Budget Phase I KPLC Board of Directors has approved the budget of Kshs Sixty-three million (63,000,000) to resettle PAPs up to 300m from the project stack area. Rabai Power Limited will be responsible for either improving attenuation remedies or resettlement of PAPs in the 300-400m band. Rabai Power Limited has agreed a budget of Kshs of Fifty-seven million (57,000,000) for any additional mitigation or resettlement costs in order to meet noise compliance requirements. Page 3 of 86

VII. Conclusion and Recommendations Given the information at hand and the mitigation measures now included in the design it is deemed highly unlikely that the propagation of noise will emanate further than 300m from the plant. KPLC will resettle PAPs within the 300m contour and acquire title to the land from which PAPs have been relocated during the Phase I process. Following commercial operation of the plant a compliance noise survey will be undertaken to confirm whether or not noise propagation meets IFC compliance requirements. Should the mitigation not meet IFC requirements those residents affected will either be relocated or Rabai Power Limited may implement further attenuation measures to ensure compliance. Based on the assessment made on site and the magnitude of the resettlement it is recommended that: KPLC shall ensure adequate and commensurate compensation to the project affected persons in accordance with the spirit of improving or at least restoring the economic base of those relocated. This is in line with the IFC Performance Standards which recognizes that continued possession of public lands without government action for eviction is a valid basis to compensation for loss of assets and requires resettlement assistance. KPLC has standard compensation rates that has been harmonised using compensation rates from various government ministries such as Ministry of Environment & Natural Resources and Ministry of Agriculture. It is recommended that these rates be adopted for purposes of compensating trees, crops and vegetation in general, since the compensation rates are uniform and higher than those of various Government Ministries. However other assets that are not vegetative shall require an independent valuation before resettlement. Compensation to PAPs should be made before resettlement commences. This will be done at either the KPLC offices or at the local Chief s office, whichever will be appropriate after approval. After compensation, a minimum of one month notice should be given to the PAPs before the resettlement exercise commences, so as to allow relocation and salvage of necessary assets. The RAP should be implemented by KPLC. To minimize the negative economic and social impact of the local communities, it is recommended that the PAPs be resettled at a place where they all like and as a group or village. This would yield a more satisfying outcome for locals who have very strong attachment to the traditions and socio-cultural attachments. KPLC and Rabai Power Ltd will provide the funds necessary for compensation and related resettlement activities on an agreed basis. There are a series of avenues set up to deal with dispute resolution including negotiations, mediation and arbitration. Litigation should be avoided as much as possible since it is lengthy and time wasting. Kenya's Dispute Resolution Centre (DRC) is an independent, not-for-profit organisation that promotes the prompt, effective and economic resolution of disputes through arbitration, predominantly mediation, expert determination and early neutral evaluation. This is a resource that could be called upon by the stakeholders to arbitrate. They would be of particular use should disputes around the compensation and resettlement process arise. It is recommended that. KPLC will meet the entire compensation costs up to 300 m radius from the project stack area while Rabai Power Limited will meet all the compensation costs from 300m radius to 400m radius from the project stack area. Page 4 of 86

Rabai power Limited will be responsible for resettling residents in the 300-400m band should the residents be subjected to noise levels exceeding the IFC Guidelines of 45 db (A) at night time from 22:00 hours to 07:00 hours and 55 db (A) at daytime from 07:00 hours to 22: 00 hours. Page 5 of 86

RABAI POWER PLANT Resettlement Action Plan MAIN REPORT Page 6 of 86

TABLE OF CONTENTS EXECUTIVE SUMMARY... 1 I. Preamble... 1 II. Assessment of Noise Impact... 1 III. Social Impact... 2 IV. RAP findings... 2 V. RAP Implementation Phase I... 3 VI. Costs and Budget Phase I... 3 VII. Conclusion and Recommendations... 4 MAIN REPORT... 6 TABLE OF CONTENTS... 1 LIST OF ABBREVIATIONS... 5 CHAPTER ONE: INTRODUCTION... 6 1.0 INTRODUCTION... 6 1.1 Project Background...6 1.2 Contractual Obligations... 7 1.3 KPLC Resettlement Policy... 7 1.4 Location of Project Area... 7 1.5 Project Impacts... 9 1.6 Goals and Objectives of the RAP... 10 1.5 Scope of RAP... 10 1.7 Guiding Principles...11 1.8 RAP Methodology...12 1.9 Public Consultation and Disclosure (PC&D)... 12 1.10 Overview of the Consultation Process... 15 1.11 Issues Raised During Consultations... 16 CHAPTER TWO: LEGAL FRAMEWORK... 19 2.1 Land Legal Issues... 19 2.2 Valuation and Related Legal Issues... 20 2.2.1 Summary of Valuation Process Relevant to Rabai Power Plant RAP... 20 2.3 Cut-Off Dates... 21 2.4 Dispute Resolution and Arbitration of Disputes... 21 2.5 Grievance Redress Mechanisms... 22 2.7 Institutional framework... 24 CHAPTER THREE: COMPENSATION AND ENTITLEMENTS... 26 3.1 Socio-Economic characteristics of PAPs... 26 3.2 Compensation Eligibility... 26 3.1.1 Loss of Shelter... 26 3.1.2 Loss of Livelihood... 27 3.2 Categorisation of the PAPs... 27 3.2.1 Loss of Structures (Assets and communion)... 27 3.2.2 Loss of livelihoods... 27 3.3 Restorative Courses of Action... 27 3.4 Entitlement Matrix...28 CHAPTER FOUR: IMPLEMENTATION AND ACCOUNTABILITY... 32 4.1 Implementation... 32 4.1.1 Organisational Structure... 32 4.1.2 KPLC Resettlement Unit (KRU)... 32 4.1.3 PAP RAP Committee (PRC)... 33 4.2 Community Consultation... 33 4.2.1 PAPs Consultation... 34 4.2.2 Compensation of PAPs... 34 4.2.3 Monitoring and Supervision of RAP Implementation... 34 4.3 Implementation Schedules... 34 4.4 Costs and Budget... 35 CHAPTER FIVE: MONITORING AND EVALUATION... 43 CHAPTER SIX: RECOMMENDATIONS... 47 APPENDICES... 48 Page 1 of 86

List of Figures Figure 1.1 Location of the project area in relation to the neighbouring districts and locations Figure 1.2 Artists Impression of Site Layout Figure 2.1 Grievance Redress Procedure Figure 4.1 Gantt Chart showing critical Project milestones with timing of events List of Plates Plate 1.1 Public Consultative meeting at Rabai Chief s Office Plate 1.2 Public Consultative meeting at a homestead within 250 m radius band Plate 1.3 Property valuer taking measurements in a permanent house Plate 1.4 Property valuer taking measurements in a semi-permanent house Plate 3.1 One of the homesteads to be affected Plate 3.2 A makuti thatched house List of Tables Table 1.1 Overview of public consultations held Table 2.1 Valuation process relevant to Rabai Power Plant Table 3.1 Socio-economic Characteristics of PAPs Table 3.2 Compensation Entitlement Table 3.3 Summary of compensation for landowners & users to be affected by Rabai Power Plant Table 4.1 A & B Summary of number of affected persons and compensation costs Table 5.1 Monitoring Indicators Page 2 of 86

GLOSSARY Term Compensation Cut-off-date Grievance Procedure Involuntary Resettlement IFC Performance Standards 5 Project-affected people, person or household Physical displacement Definition Payment under compensation agreement in monetary form 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 Date of completion of the census and assets inventory of persons affected by the Project Persons occupying the Project area after the cut-off date are not eligible for compensation and/or resettlement assistance Similarly, immovable assets (such as built structures, crops, fruit trees, and wood lots) established after the cut-off date will not be compensated Procedure by which people affected by the Project can make their grievances known to the Company for consideration and redress. Resettlement refers to the economic and/or physical displacement of people. 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 Land Acquisition and Involuntary Resettlement All members of a household, whether related or not, operating as a single economic unit, or any individual person who as a result of the implementation of a project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily Loss of shelter and assets resulting from the acquisition of land associated with a project that requires' the affected person(s) to move to another location Replacement value Quality of Life Resettlement and Compensation Claims Process Resettlement Action Plan (RAP) Replacement value of an affected asset is equivalent to the amount required to replace the asset in its existing condition. Indicators Specific indicators which measure the impact of Project activities on PAP. Process for individuals or groups of PAP to lodge a claim relating to resettlement and compensation related issues, 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 Page 3 of 86

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 location such as moving expenses and lost workdays Stakeholders Vulnerable groups Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits Page 4 of 86

LIST OF ABBREVIATIONS DC DRC Ha HFO IFC KPLC KRU MW NEMA OD OSHA PAPs PC PRC PS RACLC RAP SHE TLV WB WTO District Commissioner Dispute Resolution Centre Hectare Heavy Fuel Oil International Finance Corporation Kenya Power and Lighting Company Limited Kenya Power and Lighting Company Limited Resettlement Unit MegaWatts National Environment Management Authority Operational Directives Occupational Safety & Health Act Project Affected Persons Provincial Commissioner Project Affected Persons Resettlement Action Plan Committee (PRC) Performance Standard Rabai Advisory Community Leaders Committee Resettlement Action Plan Safety, Health & Environment Threshold Limit Values World Bank World Trade Organization Page 5 of 86

CHAPTER ONE: INTRODUCTION 1.0 INTRODUCTION This Rabai power project RAP has been prepared to identify and quantify different categories of project affected persons (PAPs) who will require some form of assistance, compensation, rehabilitation, or relocation. The Proponent goes by the name of Rabai Power Limited (RPL) and is registered under the Kenyan Companies Act. The company being registered by A/B Consortium is a joint venture between Aldwych International Ltd (Aldwych) of United Kingdom and Burmeister & Wain Scandinavian Contractor A/S (BWSC) of Denmark, with the sole interest in power generation. 1.1 Project Background RPL proposes installation of an 88.6MW power generation plant (using Medium Speed Diesel Generators) at Rabai, in the Kaloleni District, of Kenya. This plant is to be situated in the KPLC land next to KPLC s Rabai high voltage substation. The proposed site is situated in a rural setting, and is designated in the district physical planning as an industrial and commercial zone. The proposed Rabai power station will consist of five (5) medium speed, four stroke, 18- cylinders diesel engines of the make Wärtsilä V46, each directly coupled to an 11kV generator. As part of the process, a waste heat recovery system will be installed. Waste heat will be extracted from the engine exhaust and utilised for steam production for ancillary plant heating purposes and for electrical generation in a separate steam turbine generator unit with a gross capacity of approximately 6.5MW. The plant will be operated on Heavy Fuel Oil (HFO) but has the ability to be converted for operation on natural gas that may become available in the future. Auxiliary systems are provided with HFO separators and heating coils for treatment of the fuel, including fuel pumps for transfer of the fuel from the heavy fuel oil storage tanks to be erected in a tank farm within the station area. Project activities are expected to have a widespread positive impact on overall socio- economic status and livelihoods of the electrified users and project- affected people (PAPs). The project will also have some negative effects both during construction and operations. During construction negative impacts are short term and can be minimised though well established practices. However, during operation it has been identified that there will be a long term impact from noise emanating from the plant during night time hours. The Proponent has included additional noise attenuation mitigation measures to minimise this impact. Unfortunately the measure have an economic limitation and as such noise from the plant will exceed the nuisance threshold of 3 db(a) up to around 300m from the plant. A RAP is therefore required in order to relocate residents to areas further from the noise propagation area. In accordance with IFC involuntary resettlement guidelines an Environmental, Social Impact Assessment (ESIA) study was carried out in 2007 and a Resettlement Policy Framework (RPF) for the project was also developed to cater for the potential relocation of PAPs. Page 6 of 86

1.2 Contractual Obligations KPLC in accordance with its contractual obligations with RPL is responsible for obtaining unencumbered vacant possession of the site. To this extent KPLC is responsible for procurement of title and compensation of all individuals affected by the project in a manner that satisfies all Kenyan requirements as well as those of International Finance Corporation (IFC). In accordance with IFC environmental Performance Standards (PS5) section 22, Private Sector Responsibilities, the sponsor will play an active role during any resettlement planning, implementation and monitoring associated with the project. This report therefore sets out the guiding principles how KPLC in collaboration with RPL will undertake any involuntary resettlement associated with the Rabai project. 1.3 KPLC Resettlement Policy In addition this report provides a RPF that will govern how KPLC will undertake all future land and way-leave acquisitions associated with its business that involved involuntary resettlement. The collaboration between the two parties is seen as a capacity building exercise in private sector corporate environmental governance. Unmitigated involuntary resettlement in development projects often gives rise to severe economic, social and environmental risks which include; displaced and dismantled production systems, loss of income sources, weakened community institutions and social networks, dispersed kin groups and diminished or lost cultural identity and traditional authority. The RAP sets out the framework for policies, principles, institutional arrangements schedules, and other indicative budgets to facilitate the project resettlement process. The RAP has been developed in accordance with the mechanisms outlined in the RPF attached to the ESIA report. The RPF is based on the standards of the Government of Kenya's Resettlement policy as stated in various legal and constitutional documents. The RAP has also been prepared in accordance with IFC s Performance Standards relating to involuntary resettlement. This RAP has been prepared to show both KPLC and RPL s commitment to ensure that project-related resettlement follows good international practice and meets the requirements of international development financing institutions (DFI s). 1.4 Location of Project Area The site for the power generation plant is part of a (16ha) property owned by KPLC. It is proposed that the power plant will be located on a small portion of land (4ha) on the north eastern side of the property and the plant will feed power directly into the national grid via the Rabai sub-station where the equipment occupies the centre and south eastern part of the property. The site is located within the Rabai division of Kaloleni District bordering Kwale District on the west, Mariakani town located to the north, Ruruma and Mwawesa locations on the east with Mombasa City approximately 20km to the south east. Page 7 of 86

Figure 1.1: Location of the project area The choice of location for the Rabai Power Plant is a balance between proximity to the fuel source and proximity to a point of access to the national electricity grid and key load centres. An additional variable influencing the site location is the time required to negotiate for the property rights to a site. KPLC considered all of these factors and identified the Rabai substation site as the most appropriate. The site for the power generation plant is part of a (16ha) property owned by KPLC. It is proposed that the power plant will be located on a small portion of land (4ha) on the north eastern side of the property and the plant will feed power directly into the national grid via the Rabai sub-station where the equipment occupies the centre and south eastern part of the property. Figure 1.2: Artists Impression of Site layout Page 8 of 86

1.5 Project Impacts The major impacts from the proposed project are effects on: air, quality, flora and fauna, public occupational health and safety, water quality, noise emission and generation of liquid waste among others. Mitigation for the above has been proposed and the findings from the ESIA indicate that these impacts can be controlled and minimised to acceptable levels save for the impacts of noise. Extensive attenuation has been built into the design of the plant amounting to circa 100 million Kshs. Even with the extensive mitigation measures proposed the propagation of noise will still necessitate resettlement of a number of PAPs. The resettlement of these PAPs will follow IFC Performance Standards and guiding principles. Map 1 below gives the anticipated noise impacts from the plant on the existing settlements in five (5) different bands ie Band A (0 to 250m), Band B (250m to 280m), Band C (280m to 300m), band D (300m to 325m) and Band E (325m to 400m). Map 1 Anticipated noise impacts on the settlements Page 9 of 86

1.6 Goals and Objectives of the RAP The Rabai Power Plant RAP was prepared by KPLC officers who have the required skills and expertise. Based on the impacts of the project, the RAP has the following goals To ensure that people and enterprises affected by the project are compensated for any loss of property and/or socio-economic displacement as a result of the project in accordance with IFC Performance Standards without prejudice to the Kenyan government legislation. To provide affected people with the opportunities to restore or improve their living standards and income earnings capacity to at least pre-project levels. The objective of this RAP is to provide guidelines to stakeholders participating in the mitigation of adverse social impacts of the project, including rehabilitation/ resettlement operations in order to ensure that PAPs will not be impoverished by the adverse social impacts of the project. The RAP will be applied where people will be displaced from land or productive resources which result in relocation, loss of shelter or assets important to production, income sources or means of livelihood. 1.5 Scope of RAP The RAP has been designed to include a participatory approach between PAPs and KPLC. The RAP will provide guidelines to stakeholders participating in the rehabilitation/ resettlement operations in order to ensure that PAPs are informed of the compensations options available to them, their rights and that they will not be impoverished by the adverse social impacts of the project. This process shall follow the legal framework in Kenya and will be in accordance with the IFC Performance Standards. Specific activities undertaken in preparation of the RAP include: i. Identification of project impacts and affected populations; ii. Review of the prevailing Kenyan Legislation relevant to land acquisition, compensation and resettlement, Review of IFC Performance Standards, The RPF document and recommendation procedures; Kenyan compensation legislation, The economic cost benefit analysis that includes the wishes and expectations of the PAPs, iii. A compensation framework iv. A description of resettlement assistance and restoration of livelihood activities v. A detailed budget, vi. An implementation schedule, vii. A framework of public consultation and participation, viii. A description of provisions for redress of grievances, Page 10 of 86

1.7 Guiding Principles In order to ensure that the RAP complies with international best practice as regards resettlement, the principle implementing agent, KPLC shall bind itself to the following guiding principles: Principle 1: Resettlement must be avoided or minimized Action: To comply with the principle, KPLC has demonstrated that the proposed resettlement is both necessary and viable, and that its scope and extent cannot be lessened. KPLC set a side approximately Kshs 80 Million for noise attenuation measures in project design. This was aimed at minimizing resettlement. Principle 2: Genuine consultation must take place Action: Given its focus on resettlement, the primary concern is to take seriously the rights and interests of the project affected People. For this to take place, their voice needs to be made clear, via the formation of local level consultative forum. These forums have been co-ordinated at the community level by the KPLC personnel. Principle 3: Establishment of a pre-resettlement baseline data Action: To support the successful reestablishment of affected property, the following activities have been undertaken prior to displacement. an inventory of landholdings and immovable/non-retrievable improvements (buildings and structures) to determine fair and reasonable levels of compensation or mitigation. a census detailing household composition and demography, and other relevant socioeconomic characteristics. The asset inventories will be used to determine and negotiate entitlements, while the census information is required to monitor homestead reestablishment. The information obtained from the inventories and census will be entered into a database to facilitate resettlement planning, implementation and monitoring. Principle 4: Assistance in relocation must be made available Action: KPLC will guarantee the provision of any necessary compensation for people whose land will be affected, or any other disturbances of productive land associated with the project in proportion to their loss. Principle 5: A fair and equitable set of compensation options must be negotiated Action: Compensation will be paid for structures, land and trees that are affected according to set rates and internationally accepted procedures. Principle 6: Resettlement must take place as a development that ensures tha t Project Affected People benefit Action: Where practical, the employment and sub-contracting opportunities that arise from the project should be made available to the affected population. Principle 7: Vulnerable social groups must be specifically catered for Action: Members of vulnerable groups are often not able to make their voice heard effectively, and account will be taken of this in the consultation and planning processes, as well as in establishing grievance procedures. They are often physically weaker, and may need special help in the relocation/disturbance phase. In particular, female-headed households may lose out to more powerful households when asset will be demolished to make way for the power plant. This will entail KPLC ensuring that the pre-resettlement database specifically identifies vulnerable social Page 11 of 86

groups and makes provision for them to be included in consultative forum. KPLC must further ensure that they are given the necessary protection to ensure that they receive equitable access to replacement resources. In addition, KPLC will make specific reference to vulnerable social groups being paid particular attention in the monitoring process. Vulnerable groups will include those with minimal assets, the illiterate, and the aged (those PAPs of more than 65 years). Principle 8: Resettlement must be seen as an upfront project cost Action: Experience across the world shows that unless resettlement is built in as an upfront project cost, it tends to be under budgeted, that money gets whittled away from the resettlement budget to more pressing project needs, and that it tends to be seen as peripheral to the overall project. KPLC and Rabai Power Limited has set a side funds to meet the costs of compensation and resettlement up-front. Principle 9: An independent monitoring and grievance procedure must be in place Action: In addition to internal monitoring that will be provided by KPLC an independent Team will undertake monitoring of the resettlement aspect of the project. Grievance procedures will be organised in such a way that they are accessible to all affected parties, with particular concern for the situation of vulnerable groupings. Monitoring will specifically take place via measurement against the pre-resettlement database. 1.8 RAP Methodology The KRU taskforce detailed above have been involved in the data collecting phase. PAPs were consulted and participated freely in the data-collecting phase by providing socio-economic information about their livelihoods. This was done through use of Structured Questionnaire Forms and interviews. Several consultative meetings were held in different places to solicit information and at the same time disseminate information. The KPLC RAP team during site socioeconomic visits gathered all necessary data regarding each of the PAPs, their families, economic status and health matters. The surveyor surveyed all land falling under the radius of 0-250m, 250-280m, 280-300m, 300-325m and 325-400m from the proposed plant stack area (Refer to Surveyor s Map 1 in Page 9 of this report). The property valuer did measurements of all houses falling under the above radii while the wayleave officer counted and did valuation of all crops and trees falling in the given radii. Drawings and other pictorials were used to disseminate and gather information from the residents. 1.9 Public Consultation and Disclosure (PC&D) IFC performance standards stipulates that any displaced persons and their communities and any host communities receiving them should be provided with timely and relevant information, consulted on resettlement options and offered opportunities to participate in planning, implementing and monitoring resettlement. IFC requirements for Public Consultation are being used as the primary point of reference. The IFC s requirements with respect to public consultation and disclosure in environmental assessment for projects are set out in Performance Standard 1: Social and Environmental Assessment and Management Systems. Page 12 of 86

Section 19 defines Community Engagement as on-going process involving the client s disclosure of information. When local communities may be affected by risks or adverse impacts from a project, the engagement process will include consultation with them. The purpose of community engagement is to build and maintain over time a constructive relationship with these communities. Community engagement will be free of external manipulation, interference, or coercion, and intimidation, and conducted on the basis of timely, relevant, understandable and accessible information. During the fieldwork carried out prior to completing this report, numerous community meetings were conducted within the footprint of the project with household that are likely to be affected by the project and with local administration, community leaders and elders. The feedback from these consultations has been taken into account when preparing this report. A summary of issues discussed is given in section 1.11, Page 15 of this report. Stakeholders During the public consultations multiple groups of stakeholders were consulted in this project. Stakeholders were those who have an interest in the project development, and who will be involved in the further consultative process. The main groups of stakeholders are: Directly affected people Directly affected people are those who reside in or derive their living from areas where the project will have a direct impact. All the directly affected people were informed and consulted on major issues concerning relocation, livelihood rehabilitation and income restoration. All the directly affected people participated in socio economic survey. Indirectly Affected Persons This stakeholder group includes all those who reside near the project area or are reliant on resources in the project area and will have no change or adjust their livelihood because of the project, for instance, groups such as those residing far from the project area but have farms near the proposed project area. Page 13 of 86

Government Agencies These include: Office of the president, Provincial Administration (Provincial Commissioner, District Commissioner, District Officer, Area Chief and Assistant Chief) National Environment Management Authority (NEMA), Mombasa and Kilifi Ministry of Lands Ministry of Roads Ministry of Agriculture Kilifi County Council Kaloleni County Council Mariakani Town Council Occupational Health and Safety Mariakani Water and Sewage department 1.9.1 Methods and Approach The consultation team consisted of Valuers, Land Economists, Wayleaves Officers, Surveyors, Environment & Social Specialist and Socio-Economist. In most cases, the team was accompanied by a local representative. The local representatives were instrumental in the selection of venues and timing for the meetings. In order to have adequate participation of the communities, a letter was written by the Chief Executive Officer of KPLC to the Provincial Commissioner of Coast Province advising him on the RAP exercise. The Provincial Commissioner instructed his officers to facilitate the consultation process. Before starting the exercise meetings were held with the provincial administration officials (Refer to appendix 5 for consultation Minutes). The local area chief and his assistant chief were used to mobilise the community to attend public consultative meetings. In addition, pictorial aids showing the locations of the different project area were prepared and used during information gathering and dissemination. 1.9.2 Socio-economic Survey During the consultation process, a socio-economic survey was conducted where interviews were held with individual PAPs in order to establish a socio economic status baseline for the PAPs that could facilitate future monitoring after resettlement. The survey also included questions about opinions/suggestions on livelihood restoration, sites for relocation and type of compensation. Information was gathered by use of Structured Questionnaires which was administered by the Socio-Economist and Environmental and Social Specialist. Page 14 of 86

1.9.3 Community Meetings Community meetings were held within the project area to give information about the project and gather people s perceptions, opinions, suggestions and fears about the project. The community meetings acted as a forum for discussions between the RAP team and the community members. The information gathered was used as input into the Resettlement Action Plan Plate 1.1: Public consultative meeting at Rabai Chief s Office Plate 1.2 Public consultative meeting at a homestead within 250m radius band Interviews and Group Discussions In addition, key informant interviews and group discussions were held with opinion leaders and political leadership (area councillor). Meetings with government officials were also held. 1.10 Overview of the Consultation Process As mentioned above a number of community meetings were conducted in villages that will be affected by the project. The meetings acted as a forum where the public could express their concerns, expectations and communicate with the RAP team. Table 1.1 gives an overview of the consultations held. Table 1.1 Overview of public consultations held Consultation Event Location Attendants/Stakeholders Contents and Issues Meeting with the Deputy Provincial Commissioner, Coast province on 17 th, June 2008 Coast Province Headquarters, Mombasa Deputy Provincial Commissioner-A.B. Shauri, KPLC RAP Team Provided briefings to the administrator and solicited comments and Courtesy call, Kaloleni District Commissioner on 17 th, June 2008 City Kaloleni District Headquarters KPLC RAP team guidelines District Commissioner gave a go ahead and delegated the work to area chief Page 15 of 86

Meeting with Rabai Location administrators, on 17 th, June 2008 Meeting with PAPs falling within 250m radius from the project Meeting of Rabai Advisory Community Leaders Committee (RACLC) with KPLC RAP team on 20 th, June, 2008 Meeting of Rabai Advisory Community Leaders Committee (RACLC), Kaloleni District Commissioner and KPLC RAP team on 21st June, 2008 Public consultation meeting on 22nd June, 2008 Rabai Location Chief s Office Rabai Location Chief s Office KPLC Rabai Sub-station Offices Mombasa City RACLC spokesperson homestead Mr. Stephen Mkamba, Rabai Location Chief, Liston Chibogo, Ass. Chief and KPLC RAP team Mr. Stephen Mkamba, Rabai Location Chief, Liston Chibogo, Ass. Chief and KPLC RAP team and 9 PAPs KPLC RAP Team, Five RACLC members and area assistant Chief KPLC RAP Team, Five (5) RACLC members and area assistant Chief 65 PAPs and KPLC RAP team Provided briefings to the administrators and solicited comments and guidelines on how to carry out the exercise Briefings TO PAPs on RAP and what is required from them Information dissemination and concerns of PAPs Facilitation of public consultation by RACLC Information dissemination and concerns of PAPs 1.11 Issues Raised During Consultations Through the discussion with community members, a number of issues were raised. The most important concerns raised were: Compensation There were inquiries whether residents who are likely to be relocated will be compensated. It was emphasized that if a person is made to move involuntarily, he/she could not be strained economically without compensation. In addition, compensation should be prompt and fair. Residents likely to be relocated were concerned whether to continue developing their farms and homesteads or wait till all relocation and compensation is done. It was agreed that only assets identified during the setting of cut-off-dates will be eligible for compensation. Valuation Community members expressed their need to participate in the valuing of their assets. They suggested that there should be a forum where they can negotiate the rates attached to their assets to be lost. In practice, the IFC performance Standard Operational provides that valuation of lost assets should be made at their replacement cost. This principle will guide the valuation process. Page 16 of 86

Plate 1.3: Property valuer taking house measurements of a permanent house Plate 1.4 Property valuer taking house measurements a semi-permanent house Crops Coconut is the main agricultural crop in the project area. A coconut tree takes many years before harvesting starts. There are concerns that the correct market value of a mature coconut tree might is not known. It was agreed that the valuation done by Coast Development Authority (CDA) be used. A resident wanted to know what will happen on those residents who reside outside the project area but have planted there crops in the project affected area. They were advised that they will be compensated for their crops. Relocation Residents to be affected enquired where they will be relocated to. They requested to know the location of the relocation sites well in advance and give their consent. They prefer to move as a group/village. Residents were assured that they will be moved as a ground to ensure that their social ties are not broken. Loss of land An enquiry was made about the consequences of refusing to surrender the land in favour of the project. It was explained that all land belongs to the government as per Land Act. For a project of public good, the government or developer is to compensate any person who suffers damage as a result. Land compensation Community members requested project RAP team to ensure that they compensate people with adequate land and facilities to facilitate livelihood rehabilitation and restoration. This request will be considered. Page 17 of 86

Benefits As a social benefit, the community members requested KPLC to supply them with electricity and piped water and employment opportunities. KPLC has already approved the installation of a transformer in the project area and residents were encouraged to do wiring in there houses. For water, PAPs will be considered. Residents will be given first opportunity for non-skilled jobs. Page 18 of 86

CHAPTER TWO: LEGAL FRAMEWORK There are several statutes that handle the issue of land, development of electric infrastructure and valuation of assets for the purpose of compensation. Those that deal directly with land are: Government Lands Act Cap 280 Land Titles Act Cap 282 Registration of Titles Act Cap 281 Land (Group Representatives) Act Cap 287 Trust Land Act Cap 291 Registered Land Act Cap 300 Land control Act Cap 302 The Physical Planning Act Cap 286 Agriculture Act Cap 318 The valuation practice in Kenya is governed by the Valuers Act Cap 532 Valuation for rating is governed by the Rating Act Cap 267 Land Acquisition Act Cap 295 governs valuations for compulsory acquisition purposes. Development of electric infrastructure is governed by the Energy Act, 2006 Environmental Management Co-Ordination Act, 1999 addresses environmental issues related to land. 2.1 Land Legal Issues Interests in land broadly fall into two groups. Rights that are held through traditional African systems and rights that derive from the English system introduced and maintained through laws enacted first by colonial and later by the national parliament. The former is known as customary tenure bound through traditional rules (customary law). The latter body of law is referred to as statutory tenure, secured and expressed through national law, in various Acts of Parliament. a) Customary Land Tenure: This refers to unwritten land ownership practices by certain communities under customary law. b) Statutory Tenures: i) Freehold tenure: This tenure confers the greatest interest in land called absolute right of ownership or possession of land for an indefinite period of time, or in perpetuity. The Registered Land Act (RLA) Cap 300 of the Laws of Kenya governs freehold land. ii) Leasehold Tenure: Leasehold is an interest in land for a definite term of years and may be granted by a freeholder, usually subject to the payment of a fee or rent and is subject to certain conditions, which must be observed. e.g. relating to developments and usage. c) Public Tenure: This is land owned by the Government for own purpose and which includes unutilised or unalienated government land reserved for future use by the Government itself or may be available to the general public for various uses. The land is administered under the Government Lands Act Cap 280. Land in Rabai is largely under the ownership of family groups with communal utilization, mainly agricultural and settlement. Land in the project area is owned by families with an average of one acre per household (Rabai Power Plant ESIR, 2007). Families are staying in family cluster villages. Page 19 of 86

2.2 Valuation and Related Legal Issues The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for a Valuers Registration Board that regulates the activities and conduct of registered valuers. Valuers in Kenya are registered upon application to the Board and are required to be full members of the Institution of Surveyors of Kenya (ISK). The Act governs the formation and composition of valuation practices including the qualification of partners and directors in charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice. Other statutes that govern valuation are the Government Lands Act Cap 280 that regulates the valuation for land rent while valuation for rating is governed by the Rating Act Cap 267. Land Acquisition Act Cap 295 governs valuations for compulsory acquisition purposes. 2.2.1 Summary of Valuation Process Relevant to Rabai Power Plant RAP Table 1 gives a summary of valuation process that complies with the Laws of Kenya and IFC guidelines. The following will be the process for the valuation of assets and ultimately compensation. Table 2.1: Valuation Process Relevant to Rabai Power Plant RAP Line Asset Dwelling Process The following steps were followed: i. A detailed inventory of all persons, possessions, assets and stock requiring resettlement will be made. ii. Accurate and real valuation of dwelling iii. Determine compensation packages according to valuations. iv. Allow a reasonable time period prior to moving. PAP s may salvage any material without this being deducted from compensation entitlements. v. Provide temporary housing/shelter if necessary. The following more specific recommendations are made: i. KPLC will pay compensation for the lost housing structures. ii. KPLC will provide transport for the occupants and their belongings to their new place of residence. iii. The owner will be entitled to remove any materials he or she wishes to salvage within one month of vacating the old dwelling. KPLC will provide transport for these materials to the new residential site. iv. KPLC will develop alternative houses where need arises. Page 20 of 86

Land Inventory: As part of the RAP phase the KPLC has acquired names and contact details of all persons affected by the project. Crops/Trees on the fields cultivated by those affected. Compensation: The RAP data sheet spells out how each person is affected and indicates how much compensation will be paid for crops and trees lost. Payment: Since the Plant will be located at KPLC s land and the impact to the locals emanates from the noise emission from the plant with disturbance especially at night, agreement will be reached during consultation meetings with the locals on their willingness to continue using the land for agricultural production. The budget will consider compensation for the crops and land for those who will consider relocating agricultural production. The compensation basis will be land for land and cash for crops. Tree/seasonal crops Those crops and trees that will be lost due to the project will be compensated by giving cash to PAPs.. Computation of the costs will has been done according and payments will be made either at KPLC offices, or through the local chief s office. Annual crops Crops will be harvested by the owner and therefore no compensation will be paid for crops. The PAPs will be allowed to continue harvesting Coconuts and fruits in their former farms as an ex gratia. However KPLC will have the right of admission to the farms after the PAPs are fully compensated. 2.3 Cut-Off Dates The cut-off date for determining the beneficiaries of the resettlement plan is set as 27 th June 2008 which is the first date of field study for the RAP. 2.4 Dispute Resolution and Arbitration of Disputes The practice of domestic and international arbitration in Kenya is conducted within the framework of the 1995 Arbitration Act and is interpreted as: any arbitration whether or not administered by a permanent arbitral institution. The Act follows the UNCITRAL model and Page 21 of 86

where there gaps in the Act or omissions the Rules of an active local branch of the Londonbased Chartered Institute of Arbitrators will be used. In addition to ratifying the UNCITRAL Model Law, Kenya is also a signatory of the New York Convention, the WTO and WIPO Treaties relating to arbitration. The Kenyan branch of the Chartered Institute of Arbitrators, founded in 1984, is recognised as the professional body for the annual training and examination of those seeking to qualify as arbitrators; it also acts as the appointing body where stipulated in contract. Kenya's Dispute Resolution Centre (DRC) is an independent, not-for-profit organisation that promotes the prompt, effective and economic resolution of disputes through arbitration, predominantly mediation, expert determination and early neutral evaluation. This is a resource that could be called upon by the stakeholders to arbitrate. They would be of particular use should disputes around the compensation and resettlement process arise. In addition, there are a series of customary avenues that have been set up to deal with dispute resolution and they will be employed as the court of first appeal, where relevant. 2.5 Grievance Redress Mechanisms Grievance redress mechanisms are essential tools for allowing affected people to voice concerns about the resettlement and compensation process as they arise and, if necessary, for corrective action to be taken expeditiously. Such mechanisms are fundamental to achieving transparency in the resettlement process. The suggested dispute or grievance mechanisms are as follows: Disputes will be referred to KPLC and then if necessary, the PAP RAP committee (see section 4.1.3) who will be asked to provide a recommendation as to how it is to be addressed. If deemed necessary by the PAP committee the case will be re-investigated and, depending on the nature of the issue, referred to the National Environmental Tribunal or Public Complaints Committee Grievances will be dealt with as per the Figure 2.1 below. Page 22 of 86

Affected party declares grievances KPLC hears grievances and rules. PAPs committee has 2 weeks from submission to respond Grievances resolved No further action National Environment Tribunal, Public complaint committee, etc Grievances resolved No further action Legal action Figure 2.1 Grievances Redress Procedure Figure 2.1: Grievance Redress Procedure Information about all dispute and grievance procedures is to be widely disseminated, through consultative fora, and the media. The PAPs committee secretary or nominated agent (in the absence of the secretary) will keep a written record of all disputes/grievances raised and dealt with during the resettlement and compensation process. These records will be monitored regularly by the PAPs Committee and by the independent Monitoring Team. This will be undertaken as part of the on-going monitoring and evaluation process. Public grievance form is attached in Appendix 4. Page 23 of 86

2.6 IFC Guidelines IFC Performance Standard on involuntary settlement The guideline establishes the requirement for the preparation of A RAP for any project with significant resettlement. It sets out objectives for resettlement preparation and design. A key principle of the policy is that PAP should be assisted to improve their former living standards, income earning capacity and production levels or at least to restore them. The guideline requires that resettled people be assisted with their move and supported during their transition period at the resettlement site. They should also be assisted in their efforts to improve their livelihoods or standard of livings or at least restore them, in real terms, to predisplacement levels or levels prevailing prior to the beginning of project implementation, whichever is higher. IFC Performance Standard on Indigenous people The Standard provides policy guidance to ensure that indigenous people benefit from development projects and avoid or mitigate potentially adverse effects on indigenous people caused by IFC-assisted activities IFC has published guidelines for private sector developers guidelines on disclosing information and consulting with the public. Key principles established by the guidelines include: Information about the project should be disclosed as early as possible; Disclosure of project environmental and social information should be an integral part of the public consultation process, with information being provided about both benefits and disadvantages of the project; Information should be clearly presented in appropriate local languages and dialects and in modes that are sensitive to the local communities; and Information should be disclosed in locations that are open to the public and that are accessible to the PAP 2.7 Institutional framework The major issue in land acquisition and resettlement implementation and management is the appropriate institutional framework for all concerned parties including the project developer. It is important to ensure timely establishment and effective functioning of appropriate organizations mandated to plan and implement land acquisition, compensation, relocation, income restoration and livelihood programs. An institutional framework is suggested for this project so that successful implementation of the project can accomplished. There are a number of institutions that will be involved in the compensation and resettlement for the Rabai Power Plant. These include: The Ministry of lands Ministry of Environment and Mineral Resources Rabai Power Limited(Project Proponent) Kenya Power &Lighting Co. Ltd. Page 24 of 86

Village committees Provincial administration NGOs with legitimate interests National Environmental Management Authority (NEMA) officer Local councils Each of the institution will have a collective role to play if the implementation of Resettlement Action Plan is to be successful. Page 25 of 86

CHAPTER THREE: COMPENSATION AND ENTITLEMENTS Compensation and entitlements will be triggered by particular and specific impacts resulting from the project. Using a holistic approach, these general impacts emanating from the project would include losses both of shelter and economic returns from interrupted agricultural production system. Since the statutory land ownership systems (title deeds holding) is poorly developed having a house and customary structures will prove ownership. The impact of noise to be generated from the proposed project is the one necessitating the resettlement. Land compensation should recognize investments in land and land improvement rather than its market value. Evaluation of compensation value of houses, farm buildings and other structures is based on the cost of the construction of new houses, farm buildings and other structures of equal area, capacity and utilities. 3.1 Socio-Economic characteristics of PAPs The table below provides a summary of the socio-economic characteristics of PAPs in each of the noise propagation band. 0-250m 250-280m 280-300 300-325 325-400m Female headed households (%) 6 11 0 40 5 Number of females 67 55 16 10 75 Number of males 74 41 21 11 79 Proportion Household head above 65 years 13 22 17 50 25 Proportion household economic activity 100 67 83 100 70 being agricultural based Proportion household with other sources of income (%) Pensioner Casuals Formal employment Business 41 6 12 12 12 Average household size 8 12 6 4.8 7 89 22 22 33 10 100 17 66 0 17 Table 3.1. Socio-economic characteristics of PAPs in each band 3.2 Compensation Eligibility 50 25 0 0 25 75 15 30 5 25 Those who will be considered as qualified for resettlement/compensation must be PAPS. These people will directly or indirectly experience the following losses: 3.1.1 Loss of Shelter For the families living in the vicinity to the thermal power plant that the noise emissions from the plant will cause perceptible disturbance, lost assets would include their resident s houses. The Environmental and Social Impact report for the project and a rapid survey on the area reported some 4 villages that will be affected by power plant noise. Assets lost would include the structures they occupy for residential and perennial and annual crops in the farms. The houses Page 26 of 86

are mostly semi-permanent that are either makuti (vegetation) thatched and mud walled or iron sheet roofed or mud walled structures. 3.1.2 Loss of Livelihood Local community will loose economic returns from the annual and perennial agricultural enterprises moreso if the relocation will be far from their current dwelling that continued husbandly of the current crop will be uneconomical. Some households will loose grazing pasture. Another loss that may be experienced is the attachment to tradition/family cohesiveness as houses are made in clusters around relatives with close proximity to clans members who may be in the neighbouring village. Clans are known to bury deceased members in common graveyards a cultural practice that may cost more if displacement occurs especially if the displaced will be widely dispersed. 3.2 Categorisation of the PAPs The descriptions of the categories of PAPs in the Rabai Power Plant project are as follows: 3.2.1 Loss of Structures (Assets and communion) Category A B C D Description Those who will lose all their land, dwelling and farming economic returns if their entire land holding falls within the noise disturbing radius. Those who will lose their houses only as the noise from the project will only disrupt their dwelling and will allow continuation of agricultural activities. Relocations may be done farther away from the plant but within their own farms. Those who will lose some parts of their land and agricultural production activities which are very close to the plant that noise from the plant may render them unusable. Those who will be dispersed from their relatives considering the current settlement structures (cluster villages for family members) and lost socio-cultural attachments 3.2.2 Loss of livelihoods Category E F G H Description Those who will lose all perennial (trees) crops e.g. coconuts, mangoes and banana bunches Those who will lose part of their perennial (trees) e.g. coconuts, mangoes and banana bunches etc Those who will lose all field annual crops e.g. maize etc Those who will lose part of field annual crops e.g. maize 3.3 Restorative Courses of Action To minimize the negative economic impact on those losing returns from agricultural activities, it is recommended that farmers could go on harvesting the perennial crops since the noise exposure time while undertaking such activities is below the threshold levels and may not cause any hazard. By the time the plant will be in operation farmers will have harvested the annual field crops. Page 27 of 86

Plate 3.1: One of the Affected homestead Plate 3.2 A makuti thatched house To avoid loss of communion between relatives who live within the same village or in the neighbouring villages relocations will be minimized to the vicinity with minimal dispersal of the relocation areas. This will ensure continuation of cultural cohesiveness and adherence to cultural and religious beliefs practices among and within the villages. 3.4 Entitlement Matrix The right to benefits will only be granted to PAPs who fall within the footprint of noise disturbance contour limit in the 250, 280, 300, 325 and 400 metres radii. Seventeen (17) household with a total of 141 residents fall within 250 m radius, nine (9) households with a total of 96 residents fall within 280 m radius, seven (7) households with a total of 36 residents fall within 300 m radius, four (4) households with a total of 21 residents fall within 325 m radius, and twenty two (22) household with a total of 154 residents fall within 400 m radius. KPLC has standard compensation rates that has been harmonised using compensation rates from various government ministries such as Ministry of Environment and Ministry of Agriculture. It is recommended that these rates be adopted for purposes of compensating trees, crops and vegetation in general, since the compensation rates are uniform and higher than those of various Government Ministries. Another advantage is that those displaced will have the privilege of continued harvesting of the perennial crops. In case that a plant will be removed, KPLC policy allows any cut or uprooted vegetation to be left for owners use after compensation. However other assets that are not vegetative will require an independent valuation before resettlement. A summary of compensation and entitlements for the PAPs is shown in the table 3.2. Table 3.2: Entitlement Matrix Types of Loss Entitled Person Legal Entitlements Land, dwelling and agricultural activities Owners of land and or the asset/production systems interrupted Compensation for the land/dwellings or agricultural production disrupted and the Restorative Compensation Same as the legal entitlement Page 28 of 86