Government of Kenya - World Bank
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
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 - 23 -
3.1 Introduction - 23 -
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 - 26 -
4.1 Background - 26 -
4.2 Enumeration Approach - 26 -
4.2.1 Awareness Creation - 26 -
4.2.2 Enumeration Teams - 27 -
4.2.3 Enumeration – Methodology - 28 -
4.2.3.1 Methodological Tools - 28 -
4.2.3.2 Data Collection - 28 -
4.2.3.3 Estimated Accuracy of the Enumeration - 29 -
4.2.3.4 Main Reasons Identified for the Inaccuracies - 30 -
4.2.3.5 Verification - 30 -
4.3 Results of the Socio-Economic Studies and Enumeration Exercises - 31 -
4.3.1 Characteristics of Project Zone Occupants - 31 -
4.3.2 Current Occupants of the Affected Areas - 31 -
4.4 Project Affected People: Displacements from the Rail Line in Kibera - 32 -
4.5 Magnitude of the Expected Loss of Physical Assets - 34 -
5 Legal framework 37
5.1 Major Identified Regulatory Bodies – Relocation 37
5.1.1 Ministry of Lands and Housing (MOLAH) 37
5.1.2 Ministry of Local Government/Nairobi City Council - 38 -
5.1.3 Ministry of Transport and Communication - 38 -
5.1.4 National Environmental Management Authority - 38 -
5.2 Legal Provisions for Land and Land Acquisition in Kenya - 38 -
5.2.1 Description - 40 -
5.2.2 Forms of Land Tenure - 43 -
5.3 Legal Provisions on Notice for Residences and Businesses - 44 -
5.4 Notices for Employees - 45 -
5.5 Right of Temporary Occupation of KR Land - 46 -
5.5.1 Legal Background - 46 -
5.5.2 The Markets - 46 -
5.5.3 Construction and Tenure of Housing Units - 47 -
5.5.4 Allocation of Market Stalls - 47 -
6 Organizational Framework - 51 -
6.1 Introduction - 51 -
6.1.1 NGOs - 51 -
6.2 Key Kenyan Ministries and Agencies - 51 -
6.2.1 Ministry of Finance - 51 -
6.2.2 Ministry of Land and Housing (MOLAH) - 51 -
6.2.3 Ministry of Local Government/Nairobi City Council - 52 -
6.2.4 Ministry of Transport and Communication - 52 -
6.2.5 The Kenya Slums Upgrading Program (KENSUP) - 52 -
6.3 Provincial Authorities Involved in Implementation - 53 -
6.4 Proposed Organizational Framework - 53 -
6.5 Proposed Technical Consultants - 54 -
6.6 Criteria for Eligibility - 55 -
6.7 Means of Verification - 55 -
6.8 Eligible PAPs - 55 -
7 Eligibility for compensation - 56 -
7.1 Criteria for Eligibility - 56 -
7.2 Means of Verification - 56 -
7.3 Eligible PAPs - 56 -
8 Valuation and compensation for losses - 58 -
8.1 Classification of PAPs - 58 -
8.2 Governing Principles for Relocation - 58 -
8.3 Type and Level of Compensatory Measures - 59 -
Figure 8.2 Type of loss and compensatory measures for different categories of PAPs - 59 -
9 Relocation Measures - 63 -
9.1 Guiding Principles - 63 -
9.2 Relocation of Mobile Vendors and Traders - 64 -
9.2.1 Mukuru - 64 -
9.2.2 Kibera - 64 -
9.3 Relocation of residents - 64 -
10 Flexible Engineering Solutions - 70 -
10.1 Engineering Solution –Sustained Improvement of Railroad Safety - 70 -
10.1.1 Guiding Principles - 70 -
10.1.2 Detailed Description of the Flexible Engineering Solutions - 70 -
10.1.3 Implementation 76
10.1.4 Construction Period 78
10.1.5 Sustainability Aspects 78
10.2 Proposed Flexible Engineering Solutions – Footpath in Kibera 80
10.3 Proposed Flexible Engineering Solutions - Mukuru 87
10.4 Summary engineering description 89
10.5 Bill of Quantities and Costs 96
10.6 Engineering Solution –Relocation on New Market Sites. 99
10.7 Relocation of Traders to Market Structures 100
10.7.1 Detailed Description of the Market 100
11 Consultation and participation 104
11.1 Consultation 104
11.2 Agencies and Organizations Implementing the RAP 104
11.3 Consultation with Affected PAPs 105
11.4 Consultation with Agencies and Organizations Directly Relevant for Implementation 106
11.5 Consultation with Local Authorities 106
11.6 Other Stakeholders at the Community Level 107
11.7 The General Public 108
11.8 Means of Communication 108
12 Grievance Procedures 110
12.1 Resolving Disputes at the Community Level 110
12.2 Referring Cases that can not be Resolved at the Community Level 111
13 Implementation schedule 113
13.1 Implementation 113
13.2 Preparatory RAP activities - months 1-6 113
13.3 RAP Implementation - Months 7-36 113
13.4 Implementation Arrangements 116
14 Budget 118
14.1 Cost Estimate for RAP 118
14.2 Financing 119
15 Monitoring and evaluation - 120 -
15.1 Monitoring - 120 -
15.2 Elements of a Monitoring Plan - 120 -
15.3 Performance Monitoring - 121 -
15.4 Impact Monitoring - 121 -
15.5 Evaluation - 121 -
15.6 E.1 Crop land 142
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 terms[1]
|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 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 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. |
Executive Summary
1 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).
2 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.
1 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.
.
2 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.
3 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 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.
3 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.
4 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.
5 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).
• 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.
6 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 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.
7 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.
1 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, 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 |Provision of financially “equivalent” unchallenged spots within |
| |subsequent loss of income from trading |their present locations (empty spaces) or as near as possible to|
| | |their current locations. |
| | |Relocation to market sites offering equivalent or higher income |
| | |opportunities within KR reserve and in direct proximity to |
| | |clientele (financially equivalent locations) |
| | |Relocation to permanent markets developed within the KR reserve.|
| | |Relocation to business units within the railway bypass |
| | |relocation site |
|Business owners |Loss of trading location with subsequent loss|Provision of financially “equivalent” unchallenged spots within |
|(owner operated) |of income from trading. |their present locations (empty spaces) or as near as possible to|
| | |their current positions. |
| | |Relocation to market sites offering equivalent or higher income |
| |Lack of structure to house the business. |opportunities within KR reserve and in direct proximity to |
| | |clientele (financially equivalent locations) |
| | |Relocation to permanent markets developed within the KR reserve.|
| | |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 |Loss of trading location with subsequent loss|Provision of financially “equivalent” unchallenged spots within |
|operated businesses) |of income from trading. |their present locations (empty spaces) or as near as possible to|
| | |their current locations. |
| |Loss of shelter for business |Relocation to market sites offering equivalent or higher income |
| | |opportunities within KR reserve and in direct proximity to |
| | |clientele (financially equivalent locations) |
| | |Relocation to permanent markets developed within the KR reserve.|
| | |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) |
|Employees in businesses |Possible loss of job (can only be established|Only for those who will not continue employment in relocated |
| |during relocation). |businesses. |
| | |Legal counselling on their rights for compensation from |
| | |employers (by TA legal adviser): |
| | |Skills training: |
| | |Information on optional employment opportunities (Implementer): |
| | |and |
| | |Linking with small scale credit providers to finance start up |
| | |business |
|Structure owners who occupy |Loss of shelter |Replacement shelter with the same or better amenities in |
|their structures | |unchallenged spots within the railway bypass relocation site. |
| | |Access to social infrastructure and services (schools, means of |
| | |public transport etc.) of at least the same level as in their |
| | |current locations. |
| | |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 |Loss of shelter |Replacement shelter with the same or better amenities in |
|structures | |unchallenged spots within the railway bypass relocation site. |
| | |Access to social infrastructure and services (schools, means of |
| | |public transport etc.) of at least the same level as in their |
| | |current locations. |
| | |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: |Loss of trading location with subsequent loss|Replacement shelter with the same or better amenities in |
|Structure owners (who live and |of income from trading. |unchallenged spots within the railway bypass relocation site. |
|trade in their own structures) | |Access to social infrastructure and services (schools, means of |
| |Loss of shelter for business |public transport etc.) of at least the same level as in their |
| | |current locations |
| | |Provision of financially “equivalent” unchallenged spots within |
| | |their present locations (empty spaces) or as near as possible to|
| | |their current locations. |
| | |Relocation to market sites offering equivalent or higher income |
| | |opportunities within KR reserve and in direct proximity to |
| | |clientele (financially equivalent locations) |
| | |Relocation to permanent markets developed within the KR reserve |
| | |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 residences cum |Loss of shelter, loss of trading location |Replacement shelter with the same or better amenities in |
|businesses |with subsequent loss of income from trading |unchallenged spots within the railway bypass relocation site |
| | |Access to social infrastructure and services (schools, means of |
| | |public transport etc.) of at least the same level as in their |
| | |current locations |
| | |Provision of financially “equivalent” unchallenged spots within |
| | |their present locations (empty spaces) or as near as possible to|
| | |their current locations. |
| | |Relocation to market sites offering equivalent or higher income |
| | |opportunities within KR reserve and in direct proximity to |
| | |clientele (financially equivalent locations |
| | |Relocation to permanent markets developed within the KR reserve |
| | |Relocation in business units within the railway bypass |
| | |relocation site |
| | |Assistance with moving for those who are disadvantaged (single |
| | |women with children, the handicapped etc) |
|Institutions |Loss of location and structure for the |Moving movable structures to a nearby location within the KR |
| |institution. Loss of service for the |reserve. |
| |community |Use of public facilities within the markets developed on the KR |
| |Loss of strip of land |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 |
8 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 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 |Business |Institution |Mobile vendor |Residential cum |Residential |Total |
| |type | | | |Business | | |
|PAPS within 5.2 m of track |33 |787 |3 |251 |54 |29 |1157 |
|centre line | | | | | | | |
| | |
|Table 1.1.2 Displacement from clearance for construction of markets by type of PAP | |
| |Business |Institution |Mobile vendor |Residential cum |Residential |Total | |
| | | | |Business | | | |
|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 | |
| |Business |Institution |Mobile vendor |Residential cum |Residential |Total | |
| | | | |Business | | | |
|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 |6 | |
|Total |413 |0 |0 |64 |340 |817 | |
| | | |
|Table 1.1.4 Consolidated project affected persons by type of PAP | | |
| |Business |Institution |Mobile vendor |Residential cum |Residential | |Total |
| | | | |Business | |Not specified| |
|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
| |Business |Institution |Mobile vendor |Residential cum |Residential |Total |
| | | | |Business | | |
|PAPS within 5.2 m of track |706 |2 |114 |15 |113 |950 |
|centre line | | | | | | |
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
1 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.
2 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.
3 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.
4 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.
5 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.
▪ 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.
9 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.
1 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 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.
10 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 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 can not be resolved locally to relevant authorities (courts, NCC, PC, MOLAH Department of Housing etc.).
1 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;
• 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.
2 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.
11 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.
12 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.
Figure 1.5 Total budget for implementation of the RAP
|Budget Position |Projected costs (KES) |
|1. Administrative Costs |50,536,350 |
|(Administrative costs of preparatory activities and for Rap | |
|implementation) | |
|2. Safety of railroad – Engineering Solutions |161,320,774 |
|3. Relocation - Engineering Solutions |360,938,000 |
|4. Compensatory Measures |289,841,240 |
|5. Grievance Redress |100,000 |
|6. Monitoring and Evaluation |2,240,000 |
|7. Sub Total |864,976,364 |
|8. Contingency |86,497,636 |
|Grand total |951,474,000 |
13 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.
Description of the Project
1 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 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.
3 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.
4 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
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.
5 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
1 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.
2 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.
3 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 implementation[4] 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.
4 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 PAPs[5] 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
1 Background
There is already a considerable amount of knowledge about both Kibera and Mukuru in 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.
2 Enumeration Approach
1 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 corridor[6]. The physical survey covered an 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.
2 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
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.
3 Enumeration – Methodology
1 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)
2 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
• 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.
3 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%.
4 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
5 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.
3 Results of the Socio-Economic Studies and Enumeration Exercises
1 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.
2 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.
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 |
4 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 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 |Residential cum |Residential |Not specified |Total |
| | | | |Business | | | |
|PAPS within 5.2 m of track |787 |3 |251 |54 |29 |33 |1157 |
|centre line | | | | | | | |
| | |
|Table 4.4.2 Displacement from clearance for construction of markets by type of PAP | |
| |Business |Institution |Mobile vendor |Residential cum |Residential |Total | |
| | | | |Business | | | |
|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 |Residential cum |Residential |Total | |
| | | | |Business | | | |
|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 |6 | |
|Total |413 |0 |0 |64 |340 |817 | |
| | | |
|Table 4.4.4 Consolidated total project affected persons by type of PAP | | |
| |Business |Institution |Mobile vendor |Residential cum |Residential | |Total |
| | | | |Business | |Not specified| |
|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
| |Business |Institution |Mobile vendor |Residential cum |Residential |Total |
| | | | |Business | | |
|PAPS within 5.2 m of track |706 |2 |114 |15 |113 |950 |
|centre line | | | | | | |
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
5 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).
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 |
|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.
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
1 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.
1 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 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 dialogue 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.
2 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.
3 Ministry of Transport and Communication
The Ministry of Transportation and KR can allocate land within the KR reserve for relocation purposes.
4 National Environmental Management Authority
Issues approvals of projects after an environmental impact assessment has been undertaken.
2 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 |Will apply if the project elects to ask |
| |Government land. Title to Government land is|the government to allocated public land |
| |vested in the President who has the authority|for the relocation |
| |to “make grants or dispositions of any | |
| |estates, interest or rights in over | |
| |un-alienated | |
|The Land Acquisition Act |An act of Parliament to make provision for |The procedure of acquiring private land |
|Cap 295, revised in 1983 |the compulsory acquisition of land for public|may be too lengthy for the purpose of the |
| |benefit. An inquiry held, objections heard, |project |
| |compensation payable | |
|Section 75(2) of the Constitution |Anyone dissatisfied with the award of private|The procedure of acquiring private land |
| |land by the Commissioner has the right of |may be too lengthy for the project |
| |appeal to the Land Acquisition Appeals | |
| |Tribunal. A further appeal to the High Court| |
| |can be made according to the section. | |
|The Kenya Railways Corporation Act,|Describes land vested in KR, and KR rights. |Relevant for the acquisition of land |
|Cap 397 Laws of Kenya, revised |The Corporation can for example either |beyond the KR Reserve for example for |
|edition 1979 |purchase land from private persons, ask the |“surplus” traders in Kibera. |
| |government to allocate public land to it, or | |
| |ask the government to compulsory acquire land| |
| |for it. | |
|The Kenya Railways Corporation Act |In exercise of power conferred by section 95 |No dimensions of the KR reserve are |
|Cap 397 (vesting of Land) Order |(a) of the Kenya Railways Corporation Act, |mentioned in this Vesting Order or in the |
|issued by the Minister for |The Minister for Transport and Communication |Kenya Vesting of Land Regulations 1963. |
|Transport and Communication under |revoked the Kenya (Vesting of Land) |In their maps, the KR draw a corridor of |
|legal notice No. 24 of 1986) |Regulations 1963 and vested in the KR all |30.48m (100 feet) on each side of the rail|
| |land of the East African Railways Corporation|(measured from the centre). This distance|
| |vested in the corporation |is apparently based on tradition |
|The Physical Planning Act, Cap 286 |Requires preparation of development plans for|To be considered when planning market |
|(Act No 6 of 1996) |every intended development and invitation to |sites and possible other relocation sites.|
| |the public to comment /object to the | |
| |development | |
|Code 95, the City Building code |The City Council of Nairobi’s Department of |Same as above |
|(came into effect in 1995) |City Planning may require the observation of | |
| |the code. | |
|The Land Control Act Cap 302, |An Act of Parliament to provide controlling | |
|revised edition 1989 |transaction in agricultural land | |
|The Limitation of Actions |A person whose initial occupation of the land|The legislation applies to private land. |
|Act Cap 22 |was open and without valid title and who has |It does not apply to government land. |
| |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 Local Government Act, Cap 265 |Empowers the NCC to buy, lease sell land: to |This Act is relevant for example in |
| |ask the government to compulsorily acquire |connection with the proposed acquisition |
| |land for it” to appropriate any land not in |of a section of the Shadrack Kimalel |
| |use for its intended purpose to be used with |school compound for a market site |
| |the approval of the Minister for another | |
| |purpose. | |
|Registered Land Act |A maximum of 12 persons can be registered as | |
|Cap 300 |owners of one piece of land | |
|The National Environmental |Issues environmental permits. | |
|Management Act | | |
|Trusts Land Act |The local authority within whose jurisdiction|Since it is not anchored in a law, it may |
| |the land falls holds the land for the benefit|not offer sufficient security of tenure |
| |of the residents. Though there is no |for the relocation. Ref, section 8.2.3 |
| |legislation in Kenya allowing for this form |for details |
| |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 Natural Environmental |Requires environmental assessment to be | |
|Management Act |undertaken | |
1 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 land[8] 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.
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 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.
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.
2 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
• 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.
3 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 be the 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 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.
4 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.
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.
5 Right of Temporary Occupation of KR Land
1 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.
2 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 management.
These and other available options need to be discussed and agreed upon with the affected PAPs.
3 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.
4 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.
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 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 :- )
)
)
)
SIGNED by the LESSEE in the
Presence of:- )
)
)
Organizational Framework
1 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.
1 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.
2 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.
1 Ministry of Finance
The Treasury has the overall responsibility for funds allocated for this project as well as for the overall concession of KR.
2 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.
3 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.
4 Ministry of Transport and Communication
The Ministry of Transportation and KR can allocate land within the KR reserve for relocation purposes.
5 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.
3 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.
4 Proposed Organizational Framework
Below is a proposed organizational framework for the RAP preparation and implementation phase (months 1 to 36).
5 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.
Eligibility for compensation
6 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.
7 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.
8 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 land[10].
Eligibility for compensation
1 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.
2 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.
3 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 land[11].
Table 7.1 PAPs Affected by and Eligible under the project (January Enumerations)
| 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 |1270 |
|1. Mobile vendors occupying space |nos |56 |
|2. Businesses |nos |544 |
|2.1 Business, Structure Owners |persons |954 |
|2.2 Business, Tenants |HH |464 |
|2.3 Business Employees |persons |361 |
|3. Residences |nos |554 |
|3.1 Residents, Structure Owners |persons |409 |
|3.2 Residents, Tenants |HH |1306 |
|4. Residences cum Businesses |nos |97 |
|4.1 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
1 Classification of PAPs
Table 8.1 defines the various enumerated PAPs within the project.
Table 8.1 Definition of affected PAPs
|Projected Affected Persons |Definitions |
|(PAPs) | |
|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), 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. |
2 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 the enumeration for compelling reasons; and
• Consultations with relevant stakeholders including KENSUP.
3 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 measures 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 |1. Provision of financially “equivalent” unchallenged spots within |
| |loss of income from trading |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 |Loss of trading location with subsequent loss of|1. Provision of financially “equivalent” unchallenged spots within |
|(owner operated) |income from trading. |their present locations (empty spaces) or as near as possible to |
| | |their current positions. |
| | |2. Relocation to market sites offering equivalent or higher income |
| |Lack of structure to house the business. |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 |Loss of trading location with subsequent loss of|1. Provision of financially “equivalent” unchallenged spots within |
|operated businesses) |income from trading. |their present locations (empty spaces) or as near as possible to |
| | |their current locations. |
| |Loss of shelter for business |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 |1. Only for those who will not continue employment in relocated |
| |during relocation). |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 |Loss of shelter |1. Replacement shelter with the same or better amenities in |
|structures | |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: |Loss of trading location with subsequent loss of|1. Replacement shelter with the same or better amenities in |
|Structure owners (who live and |income from trading. |unchallenged spots within the railway bypass relocation site. |
|trade in their own structures) | |2. Access to social infrastructure and services (schools, means of |
| |Loss of shelter for business |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 |
| | |6. Relocation to business units within the railway bypass relocation|
| | |site |
| | |7. Assistance with moving for those who are disadvantaged (single |
| | |women with children, the handicapped etc) |
|Tenants of residences cum |Loss of shelter, loss of trading location with |1. Replacement shelter with the same or better amenities in |
|businesses |subsequent loss of income from trading |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 |1. Moving movable structures to a nearby location within the KR |
| |institution. Loss of service for the community |reserve. |
| |Loss of strip of land |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
1 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. 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.
2 Relocation of Mobile Vendors and Traders
1 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).
2 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.
3 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.
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.
[pic]
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
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
[pic]
Figure 9.3 Typical unit-section [pic]
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.
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.
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. |
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.
1 Engineering Solution –Sustained Improvement of Railroad Safety
1 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.
2 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.
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.
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
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.
[pic]
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.
[pic]
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.
[pic]
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
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.
[pic]
Figure 10.7 Border markings around a footbridge crossing
3 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).
• 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.
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.
4 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.
5 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 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 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.
2 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 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.
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 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 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)
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.
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 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.
3 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.
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.
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.
4 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
|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 |
|New FP, right (enhance sleeper fence) |535,245 |535,760 |
|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, right |536,150 |536,400 |
|Improve existing FP, left |536,150 |536,400 |
|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 FP, left (enhance sleeper fence) |536,580 |536,620 |
|New LC |536,620 |536,620 |
|Improve existing FP, left |536,620 |536,845 |
|Possible market site, left |536,700 |536,730 |
|Improve existing FP, right |536,620 |536,845 |
|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 FP, left (enhance sleeper fence) |536,925 |536,945 |
|Improve existing FP, right |536,945 |537,490 |
|Improve existing FP, left |536,945 |537,490 |
|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 |
|New LC |537,795 |537,795 |
|Improve existing FP, right |537,795 |538,195 |
|Improve existing FP, left |537,795 |538,210 |
|New LC |538,195 |538,195 |
|New FP, right (enhance sleeper fence) |538,195 |538,680 |
|New LC |538,490 |538,490 |
|New LC |538,680 |538,680 |
|Improve existing FP, left |538,680 |538,850 |
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 |
|Group of 10 new latrines, left |521,480 |521,480 |
|Bridge |521,552 |521,662 |
|New FP, right (inclusive sleeper fence) |521,662 |521,970 |
|New LC |521,650 |521,650 |
|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 |
|Group of 10 new latrines, left |522,110 |522,110 |
|Group of 10 new latrines, left |522,200 |522,200 |
|Group of 10 new latrines, left |522,150 |522,150 |
|Group of 10 new latrines, left |522,500 |522,500 |
|Improve existing FP, right |522,485 |522,545 |
|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 |
| |
|Flexible engineering|Material |Dimension |Unit |Amount |Unit price |Costs (KES) |
|solution | | | | | | |
|New foot-path top |25mm bitumen surface + 100mm|1.5x 0.225m |m |1,340 |4500 |6,0300,00 |
| |compacted lat. Gravel+100mm | | | | | |
| |compacted base | | | | | |
|New foot– path top |25mm bitumen surface+100mm |2.0x0.225m |m |1780 |6000 |10,680,000 |
| |compacted lat. Gravel +100mm| | | | | |
| |compacted base. | | | | | |
|New foot– path top |25mm bitumen surface+100mm |2.5x0.225m |m | | | |
| |compacted lat. Gravel+100mm | | | | | |
| |compacted base | | | | | |
|New foot– path top |25mm bitumen surface+100mm |3.0x0.225m |m |3460 |9000 |31,140,000 |
| |compacted lat. Gravel+100mm | | | | | |
| |compacted base | | | | | |
|New foot– path top |compacted lat. Gravel+100mm |3.0x0.225m |m |752 |4500 |3 384 000 |
|in relocation site |compacted base | | | | | |
|Drainage of foot |Precast concrete |One side only |m |6,600 |1,000 |6,600,000 |
|path | | | | | | |
|Filling beneath the | | |M3 |5,000 |1,500 |7,500,000 |
|foot path | | | | | | |
|New access– road in | | |m |1005 |7000 |7 035 000 |
|relocation site | | | | | | |
|Improvement of |1/3 murram+2/3 std fill |2.0 m3/length meter |m |750 |4,500 |3,375,000 |
|existing road | | | | | | |
|Gabion wall, two | | | | | | |
|blocks | | | | | | |
|Gabion wall, five | | | | | | |
|blocks | | | | | | |
|Gabion wall, seven | | | | | | |
|blocks | | | | | | |
| | | | | | | |
|Soil excavation | | |M3 |60 |400 |24,000 |
|New footbridge | | |N0. |3 |20000000 |6,000,000 |
|crossings | | | | | | |
|Rock cutting | | |M3 |8 |5,000 |40,000 |
|Concrete moulding | | |M3 |3 |18,800 |56,400 |
|Concrete cutting | | |M3 |3 |5,000 |15,000 |
|Culvert extension |Concrete culvert |Ø= ................
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