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A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN KENGEN AND THE OLKARIA
280 MW GEOTHERMAL DEVELOPMENT PROJECT AFFECTED PERSONS - PAPs
Introduction
1) General Statement:
a) This Memorandum of Understanding (MoU) is made and entered into between Kenya
Electricity Generating Company Ltd (KENGEN) of P.O. Box 4 7936 - 00100
Nairobi, Kenya and the persons directly affected by the Olkaria 2 80 MW
Geothermal Development Project, and who are commonly referred to as Project
Affected Persons - PAPs; and who are residents of either of the four villages of
Oloonongot; Olosinyat; Cultural Center; and the Small Olomayaha, situated in Olkaria
Domes, Naivasha District.
b) This MoU is made and entered into on the l51 day of July, 2013 by and between
KENGEN and the PAPs
c) This MoU is limited to only the provisions of the Resettlement Action Plan (RAP) as
contained in the updated RAP Report of June 2012, prepared by GIBB Africa Limited;
and any addendums thereto.
PAP Legal representative ___--,-A ~----r
. . ';,.- -"''
' ......-~ . ·.
KENGEN Legal Representative
.... ~:Q.Ix.'f:. ................. . BEATRICE CHEJJBtYON
ADVOCATfi . P. f) Bo& 4?936~00; ::a
G.P.O.-NAUtOHI
2
d) The obligations therein, except where this MOU so states, are intended to end when
the RAP process is successfully concluded thus PAPs relocated to re-settlement site
and a close down audit undertaken by KenGen and the World Bank, three ( 3) months
after relocation.
2) Purpose and Objective of this MoU:
This MoU is to safeguard the rights of both KENGEN and the PAPs during the
implementation of the Olkaria 280 MW Geothermal Development Project, of which
resettlement of the PAPs is a sub-project under Olkaria IV; and also to ensure that
each party performs Its obligations, as spell out in this MoU, the updated RAP Report
and any addendums thereto.
3) Common Vision of this MoU:
Both KENGEN and the PAPs, understand that the Resettlement Action Plan is a sustainable
development program, which provides sufficient resources and skills to enable the PAPs
benefit in terms of improvement of their socio-economic well being, through consultations and
participation in planning and implementing the agreed upon resettlement activities.
PAP Legal representative KENGEN Legal Representative
BEATRICE CHEBELYON AOVOGATB
Po 0 BOA 47936-00.Ii;9 G.P.O.-NAlflODI
3
B. Mutual and Individual Obligations
1. Mutual Obligations and Agreements
i) Both KENGEN and the PAPs agree to execute the Resettlement Action Plan in an
open and fair manner through free, prior and informed consultations, and through the
already constituted RAP Implementation Committee - RAPIC.
ii) In executing the Resettlement Action Plan, both KENGEN and the PAPs agree to
treat each other with mutual respect, fairness, understanding and truthfulness.
iii) If any grievances and complaints from either party arise during the execution of the
Resettlement Action Plan, both KENGEN and the PAPs agree to amicably resolve
such grievances and complaints through the lowest level provided by the Grievance
and Complaints Handling Mechanism - GCHM, as contained in the updated RAP
Report. However, where any grievances and complaints cannot be solved at the
lowest level of the GCHM, both parties commit to let such grievances and complaints
be resolved through the provisions of the GCHM.
iv) Both KENGEN and the PAPs agree to respect the GCHM as the mechanism for
resolving any grievances and complaints that might arise during the execution of the
Resettlement Action Plan.
KENGEN Legal Representative
!\....,_, ~cls~/ ....................................
JBATJUCE CHEIBLYON ADVOGATB
P. f) .BoJ: 47936·00 i :;9 G.P.O.-NAJROBl
v) Both KENGEN and the PAPs agree a 1700 acre parcel of land is bought from Land
Parcel No. L.R. 8396, for the resettlement of the PAPs; and that a wire fence will be
erected around the entire 1700 acre Resettlement Land, but with animal corridor
gaps, each measuring at least 30 meters wide1•
vi) Both KENGEN and the PAPs agree that a total of Houses/Homesteads numbering
15()2 will be constructed for the PAPs, with electrical wiring being included for each
residential house and access to electricity ensured. The PAPs will, however,
individually process and pay electricity connection fee with Kenya Power.
vii) Legal representatives of both KENGEN and the PAPs endorse this MOU as a legal
and binding document
2) Obligations of the PAPs:
The PAPs agree, through their representatives in RAPIC and the CAC, to fully participate in
the RAP implementation process, and to fulfill the following Obligations:
a) Actively participate, in an orderly manner, in RAPIC meetings where key issues of
RAP are deliberated, and decisions made.
. .....-····· KENGEN Legal Representative
(h,"- r - ", j.l.r. ) ~ t-\~U:._ ·--- ~ ... -....................... ..
lEATRICE CHEJELYON ADVOGATH
P. e> lh>A 41936·00i ~9 O • .P,O.--NAlkOBI
1 KenGen agrees to attach a confirmation letter stating that KenGen bought and paid for the Parcel, which Kedong has given it possession of. 2 Any PAP, who may have been left out of the house beneficiary list will, and is found to have been captured in the GIBB Consultants' list of 2009, will automatically be included as a beneficiary, and a house constructed for them.
5
b) Monitor the progress of the implementation of RAP, and to report any dissatisfaction
with the process, either through the GCHM or directly to RAPIC for deliberation and
resolution.
c) Take charge of the management of "community good' sub-projects (such as the cattle
dip, cattle watering troughs, community social hall and the community bus) through
their own institutions.
d) The Oloolkarian Maasai Cultural Center, which is a cultural conservation site, will
strictly be used as a business center. Residing within the cultural site is not
acceptable.
e) Relocate to the resettlement site, once reasonably satisfied that all entitlements, as
contained in the entitlement matrix of the updated RAP Report, have been fully
implemented.
f) Collectively and individually undertake not to, at any given time, attempt to dispose of
through sale, any property acquired as entitlement from RAP. Any PAP or a PAP
institution is free to report such attempt immediately it is made, to the Deputy County
Commissioner and to the PAP leadership for appropriate action against the individual.
PAP Legal representative KENGEN Legal Representative
..... ®.r.-9$~:-.................... . IEATIUCB CHEDELYON
AOVOGATB P~ 0 BOA 41936·001;)0
CU•&t=NAlkOBJ
6
3) KENGEN's Obligations:
KENGEN, agrees to fully participate in the RAP implementation process; and to fulfil the
following Obligations:
a} Actively participate in RAPIC meetings where key issues of RAP are deliberated, and
decisions are made.
b) Commit to undertake all housing construction works using masonry walls and 28 G
pre-painted iron sheets.
c) All residential houses will have the following:
i. Two bedrooms measuring 4M X 4M; one living room measuring SM X 4M; a
semi-detached kitchen and 2.5M X 4M veranda; and ceiling boards.
ii. The Social Hall and the three churches measuring 24M X SM.
d) Allocate 14 acres of land for the Oloorkarian Maasai CUltural Center, for which a title
deed will be processed, and transferred to the land holding entity of the PAPs
e) Construct a main access road, as well as internal access roads to the villages, to a
quality as provided for in the government specification and standards; three churches;
a modern single stream primary school; a social hall; a cattle dip; two animal watering
troughs; a dispensary and two fish ponds.
f) Implement all that is contained in the entitlement matrix of the updated RAP Report,
an extract of which is included in the matrix provided as Table 1 on the next page:
KENGEN Legal Representative .,.---, u ' , .. . ....-;;) ..... ~':L.S. ... ..................... .
BEATRICE CHEBELYQN ADVOf'ATB
P. e> Bo! 41936·00i'J0 G.P.O.-NA1k0Bl
7
Table 1: Compensation Measures Matrix: Entitlements for Loss of Land, Residential Housing,
Rental Housing, Income, Access to Main Road Networks and Disturbance during Relocation
Taxonomy of Nature of compensation to which each category of PAP is entitled
PAPs Compensation Compensation Compensati Compensatl Compensation "lor loss Moving or
for loss of land for loss of on for loss of on for loss of easy access to work disturbance
residential rental house ofincome3
places and trading allowance for
housing unit centers due to transport to
increased distance new areas of
residence
Land Land for land Construction None None •A main access road A fixed
Owners with compensation of a 3 roomed into the resettlement amount of
residential housing unit site, as well as Kshs
housing KenGen has with a internal access roads 35,000/=
units purchased detached will be constructed to will be paid
1700 acres kitchen, all weather murram to qualifying
for this bathroom, pit surface, according to categories of
purpose latrine, government PAPs to
rainwater specifications and facilitate
Community harvesting standard movement
ownership of guttering and •A bus with a carrying
the land title tank as capacity of at least
necessary, 60 passengers will
and a barbed be purchased to
wire fencing enable all PAPs at
around the the resettlement site
entire unit access the main road
network easily from
the site
...,...,...-·
PAP Legal representa ·ve KENGEN Legal Representative
8
Cultural The centre None
Centre as a remains at its
business current The PAPs
entity location, with who now
all its reside at the
structures Cultural
being retained Centre are
considered
The Center to alongside
stand on 14 others within
acres of land the various
PAP
Community categories
ownership of
the land title
Landlord none None
(includes
both
landowners
and Land
tenants with
rental
housing
units)
None
Lump sum
cash
payment
at full
replaceme
nt cost of
the rental
housing
unit
None. None None
The
Centre is
to be
retained
at its
current
location,
with all its
structures
being
retained,
hence no
basis for
com pen sa
tion
Lump None None
sum cash
payment
equivalent
to three
months'
rent
KENGEN Legal Representative
/.~''··, '
... ~.Q~~?-.................. . lEATRICE CHEIELYON
ADVOt""ATB P. o Bo~ 47936-00im)
G.P.O.-NAIROBI
9
Housing None None Lump sum
Tenants cash
payment
equivalent
to 3
months
rent to
enable
him/her
find
another
house to
rent
Land Tenant None Lump sum None
cash payment
at full
replacement
cost of the
residential
house
,..··
PAP Legal represents i:ve - '\
None None None
None None A fixed
amount of
Kshs
35,000/=
will be paid
to land
tenants who
had housing
structures on
their rented
land at as
the cut-off
date, i.e. 16th
September
2009
KENGEN Legal Representative
Ai''> .t1r. •.••••• \.ID.{"..).l;! .. Q.-; ............... .
JBATIUCB CHE.ELYQN ADVOf'ATB
P. e. Bo1 47936·00i'J0 O,P,O . .-..HAikOBI
10
The Poor Land for land KenGen is to None
and compensation construct
Vulnerable4 housing units
members KenGen has of 3 rooms
among the purchased each and a
PAPs (the 1700 acres detached
elderly, for this kitchen,
female purpose bathroom and
headed pit latrine for
households, Community qualifying
the disabled ownership of PAPs
the land title
'
PAP Legal representative
None (no A bus will be A f ixed
source of purchased to enable amount of
income all PAPs at the Kshs
was resettlement site 35,000/=
identified access the main road will be paid
for this network easily from to qualifying
category the site ca tegories of
of PAPs) PAPs to
facilitate
movement.
KenGen may
consider
special help
for this
category of
PAPs
KENGEN Legal Representative
Q~_, r-· ('·~Q . .,_:;, ' .. ' ---·
I I I II I li<_;..,_.· I I I I ··r·t I I I I I •• I. I II I I I I I I I I I
lEATRICE CHFBEtYQN 1.r~v · v"-'- l '"i
P. 0 hu JI ,;;·~') I r-"0: '}0 G.P.O.-NAll\.O JI
4 Being poor or vulnerable does not necessarily mean being landless or having no house. Where the vulnerable are found to be land owners with res i1dential houses they are entitled to the same compensation measures as other PAPs in this category. But where they need special help to move to the resettl'ement site, the nature of help, e.g. provision of a means of transport, may be considered by KenGen on a case by case basis, in consultation with RAPIC from the respective villages
II
a. Entitlements for Livelihoods Restoration and Enhancement
In addition to the entitlements contained in the table above, KENGEN also undertakes to
implement the following entitlements, which aim to restore and enhance the social and
economic livelihoods of the PAPs, once they move to the resettlement site:
A. Institutional facilities and social infrastructure projects: KenGen will construct the
following institutional facilities at the resettlement site:
i. One (1) modem primary and early childhood development school, with access to
electricity connection and complete with the following amenities:
o Furnished classrooms for classes 1-8 primary to cater for approximately 320
pupils;
o An early childhood development wing with 4 pre-school classrooms;
o A furnished library stocked with reading materials;
o A furnished administration block/staff room;
o A furnished kitchen;
o Eleven (11) separate ventilated improved pit (VIP) latrines to cater for
teachers, girls and boys;
o Thirteen ( 13} three roomed housing units for cater for the teachers;
o Water points at convenient locations within the school, i.e. the ablution blocks
for both teachers and pupils, by the staffroom for teachers' use and at a
convenient point for pupils to draw water.
PAP Legal representative KENGEN Legal Representative
(]
' .. \ 111"' ,~) -···~'~\.-,. / •.• ~->. •. ~-;-; •....••..•..•••••..•
BEATRICE CHE'MELY0.'\1 ADVOGATB
P. 0 Bo~ 47936-00 i 'JD O.P.O.-NAUtOBJ
12
ii. Three (3) churches - The Baptist Church, Open Gate Community Christian Ministries
and the Gospel Assembly Church, all built according to specification given by the
respective Church leaders. The Baptist Church will have two pastor's houses, while
the other two churches have one pastor's house each. Each church will have a
changing room and an office.
iii. One (1) 24M X 8M Social Hall which, although not existing currently, is a livelihood
enhancing project as it will enable the PAPs to have a meeting place for discussing
their development plans and for holding social gatherings. KenGen will explore, in the
course of RAP implementation, the possibility of furnishing the Hall with plastic seats
and one large table
iv. One (1) Health facility - dispensary - furnished and complete with the following
amenities:
1) A Consultation room;
2) Nursing/observation room;
3) Emergency maternity room with three ( 3) beds;
4) A pharmacy;
5) A waiting area;
6) Power supply;
7) Water supply point;
8) An incinerator
9) Two three roomed staff houses
PAP Legal representa~--- KENGEN Legal Representative
BEATRICE CHEBELYON ADVOG.4TB
P. e> Bo3 47936·00i!JO O,P,(J ...... :NAlkOBI
13
In addition, KenGen will liaise with the Ministry of Health to facilitate the provision of
medical personnel, equipment and supplies for the health facility;
B. Economic and livelihood infrastructure projects: KENGEN will construct the following
economic and livelihood infrastructure projects at the resettlement site:
i. Site access roads constructed to all weather murram, according to government
standards and specifications:
a. A main access road that links the resettlement site to the main road networks
leading to Naivasha town and its environs;
b. Internal access roads to the settlements within the resettlement site and those
that link the settlements to the public utility sites;
ii. Electricity connection to the school, dispensary and the social hall, with accessible
lines to enable PAPs make connections to their housing units should they wish to do
so, at their own cost;
iii. One ( 1 ) cattle dip located at a convenient site within the settlements with a water
supply point;
iv. Two (2) cattle watering troughs located at agreed watering points at a central location
within the settlements; and
v. Two (2) fish ponds at agreed locations;
vi. The Cultural Center will be provided with piped water, in addition to an access road
off the 10 KM tarmac road to Olkaria IV;
PAP Legal rep~sen~·· KENGEN Legal Representative
... ~, V? ·: c· ... ~ ...... ,....l-.6 ...................... .
BEATRICE CHEBELYON ADVOCATB
P. 0 . BoJ 479.36·001'JQ G.P,O.-NAlkOJSJ
14
Note: All social, economic and livelihood infrastructure projects, in particular, the access
roads, the school, dispensary, water, electricity, cattle dip, cattle watering troughs and fish
ponds are to be constructed in collaboration with, and according to standard design and
specifications of the respective line ministries.
C. Education scholarships: To motivate pupils at the modern school that is to be built at
the resettlement site, KENGEN undertakes to offer 4 scholarships each year, two for girls
and two for boys, for a period of forteen (14) years, i.e. two (2) transitional years, and
implementation period of twelve ( 12) years. The scholarships will be offered based on
stepped up performance as follows:
o Year 15: 2 boys and two girls who must achieve 250 marks and above;
o Year 2: 2 boys and two girls who must achieve 300 marks and above;
o Year 3-14: 2 boys and two girls who must achieve 350 marks and above;
No scholarship will be offered whenever the above performance levels are not achieved.
D. Empowerment of community institutions in support of Infrastructure sustainability:
KENGEN undertakes to conduct a three (3) day training for up to six (6) members per
each sub-project, to build the capacity of community institutions to enable them
sustainably manage community good projects.
PAP Legal representative /// .-----·/
KENGEN Legal Representative
r~t ,../L-c, ..... \{~~.c ... ~.\-;\. ................. .
~EATRICE CHEBELYON ADVOGATB
P. 0 . Bo1 47936·00109 G.P.O.-NAIROBI
5 First year is understood to mean the year when the school does KCPE examination for the first time at the resettlement site
IS
6) General Provisions:
i) This Memorandum shall be governed by the Laws of Kenya.
ii) No negative public announcement or press release/ negative publicity in
connection with the subject matter of this Memorandum shall be made or issued
by or on behalf of either party without the prior written approval of the other,
except such as may be required by law or by any governmental authority.
Amendments: This MoU may be amended by mutual consent of both KENGEN and the
PAPs, and such amendments must be in writing and signed by both parties.
7) Signatures and Dates
This MoU is signed, dated and witnessed as follows:
1. Signature and Effective Date
DATED this 151 day of July, 2013
Name -~~~-· n_aging Director & CEO - KENGEN THE~AEL£CJRICRYGS&AliNG
Cct~4" J.:tJvtrrcO
Signature
Names and signatures of respective Representatives from the four PAP Villages
OLOORKARIAN MAASAI CULTURAL CENTER
-, i:.JJ\) .k~o I t>J..E. S f:i.rJ c_ffD Name ............ : . .. : ............. ................. ... .. t & I G Fj-f;l _ClJ
Date ............................. .
. ;if'' e:'l/ -, ~a (' s Nat1onal I.D. No .. ; ... ... ...... ...... .. ... ..... .... .. . ~ -;=-s.~- ~-Signature. klT. .......... .. .. .. .
16
10 w t:::-c, A- o i..~t< f!:: t3 £-N c.~tn Name ................................................... . 1 G I o1--/ 2.e.1 L~ Date ......... : ................... .
National I.D. No. - ~~ . Y: ff.~ . J. .~ .. ?.:: ........ . Signature ... ~······
Name (CAC).(;;/trJ.t?.ft. .. :§: .. S~............ Date.!~/~7.:/~.o/.:!. ..... National I.D. No . . A./~.'?.O..~.f:f:-!.. . .......... Signature .... ::;;ic: ....... ~
OLOMAYIANA NDOGO
N\ \tV N.J c, ( s \} P-iJ f.l.cJ Name ............. ...................................... . ,r-. ; J o~{ ?.-o 12
Date ... ~~: ........... ; ........... .
_ :J.c-,sgct6.:sc; Nat1onal I.D. No ......................•.............. S
. fY5:;i 1gnature ....................... .
LfEMEJ rJ N AI flF--t.J 'li V Name ............... ................................... ..
e., / G 1-) :;J. c.J i_< Date ............................ /.
. ~- t>fi>t+ r59 L r National I.D. No . .. ::: .................. '.-...... T. .. . ;~
Signature ....................... .
v\J 'Tf)rv)P\vl L J LE::s.· u k.A 7 0 I J 0 ~:r-( ::l 0 C:S Name (CAC) .................... :............................... Date ............................. . ·"J_Q 51) . ., J
National I.D. No. ~ .... 1.::-....... :-? ................. .
PAP Legal representative
. -
r:~-Signature.~ ............. .
KENGEN Legal Representative
__..-......
(~-,{:~1-. I X::! .. ! .-3,..4'-•• • . -•• 1-oR. • •. I I. I. I • I I I I I • I I I"
BEATRWF c ~F " VON
P. 0 l:k, 1 · -''0i JO G.P.O.-NA1.R.OHJ
17
OLOOSINYAT
Name.H.~.t.~ .L:-:: .... i::::~ -~~~!.. c, I c:.~ri?, oJ3 Date ...... ... , ..... : ............. .
. . i ':2..8 () 7- 0 2-:l..--NatiOnal I. D. No ... !.. .. ................. ..... ...... .
~:;t.~-Signature .... ... :· ........... .... .
TA-'"'t~ "'1 'E Et~ ot..£ P·-h-1:2 ~ f 1212 Name ............. .................... ... ... ........... .. c) 1 / t.:/1 f ~-o 1 ::s Date ............................ ..
National I.D. No .. ?:U?$..Y:~§.": .......... . ~1'.$ Signature ................... ... . .
-~~/'Jf.)t) C::J...£: c~rJ.o T~;.) o 1 ( (.)':'fl )_o I '2 Name ( CAC)............. ...... ... ........ .... ..... ............. Date ......................... .. .. .
· E.\ 5 I;c- c L.j- · u.~.,__, National I.D. No .... ~~ .. ::-... ; .. J .?............... Srgnature ..... ... ............... .
OLOONONGOT
fl)f}t:tJ G8 Cl..£ J( 1.) ,:Tv I 6 I c r-r !l_O J 3 Name. ..................... .. .................... ........ Date ............................. .
National I.D. No. 1:!.~ .~.:~. :?. . ¥. .. I.~ .1.~~.1/ Signature .. ~ ......... . Name . .''!.'. t!..'!.1.f.'J.~.C:.1 ... ~~~~~~-~.'.~! Date ... } .~. f .. :t/?.9. .1.~ .. . National I.D. No. f%..~.:~!.~.}:rt............. Signature .... ~ ............. . Name (CAC)~~~-1.?.~ .. ~-~~~ .. ~.lf.'!.~:~~~H.. Date .. /.~.(. ~}[~-~-~ ... . National I.D. No .. ~ . !.1t1.f.'.?:~ .. ........... Signature ... ..... ~'-?.' .....
Witnessed by the District Commissioner for Naivasha who also serves as the RAPIC ' r· .
! i
Chairman:
M \V\1,.,:-f{ l c. . v~ ,G'i I ,,rl. ' Name of the DC/RAPIC Chairman Signature Date
KE~~EN Legal Representative
.. ~OS.~ ................... . BEATRICE CHEBEL YON
ADVOCAf6 P. 0 Bo& 47936-00100
G.P.O.-NAlltOBI 18
lETTER OF CONFIRMATION
lETTER OF CONFIRMATION
NAMES OF LAND HOUSING BENEFICIARIES
FlOOR PLAN RESIDENTIAl HOUSES
E. IMAGES OF RESIDENTIAl HOUSES
/
1
Dear
L
Our Ref:
Dear
We
Yours
CC: Maitane Concellon
Stima Plaza, Kolobot Road, Parklands, P.O. Box 47936, 00100 Nairobi, Kenya, Telephone: 254-020·,3666000, fax: 3741172
NAIROBt 2012
RE:
has ho
2.. consent to su.bdivide the !and from·the land Lette.r
of Consent No. 4564 79 dated
transactior.~ should be
D!redors: ChTistirt0 Crori.chey· Pischi-118. Wood• l.an Martin• Beth N. (all Kenyan)
TOTAL NO. OF PAP HOUSEHOLD HEADS 125 TOTAL NO. OF PAP RESIDENTIAL HOUSES 150
B) TOTAL NUMBER OF INSTITUTIONAL AND RESIDENTIAL HOUSES 15
JULY 2013
0
C: Names of Lands and Housing Beneficiaries
The names and details of the housing and land beneficiaries have been removed from this
document for confidentiality reasons. They are on file with the Resettlement Action Plan
implementation Committee and with KenGen Office of Regulatory Affairs and Compliance.
11
5m
a in
E ("')
E
It is observed that upon of the PAPS
L 2013
1. Kitchen was from Iron sheet waH to masonry 2. Kitched was to main house 3. Room was increased from 4X4m to 4X5M 4. No room shai! be reduced more than 0.2m
was set on