Kenya - Water and Sanitation Development Project : Resettlement Action Plan for Mwache West Mainland Pipeline

Overview & Synopsis

The development objective of Water and Sanitation Development Project for Kenya is to improve water supply and sanitation services in select coastal and northeastern regions in Kenya. Some of the negative impacts include: those who have formal legal rights to land; those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; If physical relocation is an impact, displaced persons must be provided with assistance during relocation and residential housing, housing sites and/or agricultural sites to at least equivalent standards as the previous site. Replacement cost does not take depreciation into account; Vulnerable Groups and transitional support; loss of perennial crops; and encroachers. Some of the mitigation measures include: Ensure ALL users of affected lands are included in the census survey or are paid; Cash based compensation should only be made where (a) land taken for the project is a small fraction of the affected asset and the residual is economically viable; (b) active markets for lost assets exist and there is sufficient supply of land and housing; or (c) livelihoods are not land-based; Compensation and other assistance required for relocation should be determined prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required; Compensation and livelihood restoration and recognition of customary land rights; Compensation for loss of assets at full replacement cost and other assistance to help the displaced improve or restore their standards of living or livelihoods; Additional support should be provided to vulnerable groups as necessary; Allocation of an alternative parcel of land of equivalent value and comparable geographical location and land use to the land compulsorily acquired; Compensation for the loss of crops based on Ministry of Agriculture guidelines and rates; and Compensation for the loss of structures.