land affected during the construction exceeds the width of the land sterilized. The width of the working strip used in laying the pipe will be the area of land used by the pipe laying gang. Depth of pipe: This is important because pipes are laid at least 750 mm below ground level in order to minimize the risk of obstructing cultivations. Shallower depths restrict the amount of cultivations possible and hence increase the amount of compensation payable. In Britain, lands tribunals have recommended the basis of calculation for land taken as “laid length” at a price per metre at 50 percent of the value of freehold land. Many authorities make substantial offers well above the rule of thumb established by the tribunals. With respect to damage caused by the laying of the pipe, the valuer should be guided by two principals (Bents and Kent, 1988:549):- The claimant is entitled to be left in no worse a position than he would have been had the event not taken place and where there is no other means of restitution. It is the duty of the claimant to mitigate wherever possible any claim that may arise (i.e. the list of items will vary with circumstances). Award of compensation The Land Act does not stipulate that compensation must be in the form of money only. Under the Land Act 2012 section 117, the State can award a grant of land in lieu of money compensation (“land for land”), provided the value of the land awarded does not exceed the value of the money compensation that would have been allowable.The law could be interpreted that any dispossessed person shall be awarded the market value of the land. The new law is silent on relocation support or disturbance allowance support. Upon the conclusion of the inquiry, and once the NLC has determined the amount of compensation, NLC will prepare and serves a written award of compensation to each legitimate claimant.NLC will publish these awards, which will be considered “final and conclusive evidence” of the area of the land to be acquired, the value of the land and the amount payable as compensation. Land Act, Section 115 further stipulates that an award shall not be invalidated by reason only of a discrepancy between the area specified in the award and the actual area of the land. Compensation cannot include attorney’s fees, costs of obtaining advice, and costs incurred in preparing and submitting written claims. Payment of Compensation
for losses of assets attributable directly to the project. 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. In terms of valuing assets, if the residual of the asset being taken is not economically viable, compensation and assistance must be provided as if the entire asset had been taken. 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 schedule defining just compensation have not been put in place. Attorney’s fees, cost of obtaining advice or cost incurred in preparing and making written claim not in the Land Act other than ‘just compensation’ The Act is does not out rightly stipulate assistance for relocation but we can interpret that relocation cost will be included in just compensation. OP 4.12 provides related land transaction fees. Land Act not clear on this. OP4.12 requires that displacement must not occur before all necessary measures for resettlement are in place, i.e., measures over and above simple compensation Implement World Bank policy. Ensure that ALL resettlement options are agreed on with PAPs and put in place BEFORE displacement of affected persons.
Valuation: With regard to land and structures, “replacement cost” is defined as follows: For agricultural land, it is the or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes. Valuation is covered by the Land Act 2012 and stipulates, as already mentioned, that the affected person receive just compensation from NLC, as determined by National Land Commission. Valuers Act stipulates that a residual amount of 0.5% of the total valuation of an asset is expected to pay the valuer. Land Act 2012 talks of just compensation for the lost assets but it is not specific of the exact amount or procedures on the same. The Land Act 2012 stipulates just compensation. Though one could argue that there is some form of consistency between the Kenyan Law and World Bank OP.4.12, interpretation of ‘just compensation’ has not been defined. Interpretation of just compensation not clear Interpretation of just compensation not clear. Apply the World Bank OP4.12 valuation measures, as outlined in Section 6, in order to fully value all affected assets in a consistent manner. Apply World Bank OP4.12 on valuation and compensation measures. Apply World Bank OP4.12 on valuation and compensation procedures.
b) Administrative logistical costs (stationary, fuel/transport for fieldwork/monitoring activities, public notices/announcements, equipment and furniture, maintenance and service costs, hygiene sundries, refreshments for staff and visitors, including legal fees and unforeseen litigation). c) Special assistance packages for vulnerable PAPs. e) Evaluation and completion report assignments. f) Other incidentals estimated. PHOTOGRAPH PLATES A member of the public contributing during one the consultation meetings Training of Research Assistance in session A sign post showing one of the reservoirs A section of the routing in Kanyakwar area