for losses of assets attributable schedule defining just compensation have directly to the project. If physical not been put in place. relocation is an impact, displaced persons must be provided with assistance during relocation and fees, cost of obtaining advice or Attorney’s residential housing, housing sites OP 4.12 provides related land Implement World Bank policy. cost incurred in preparing and making and/or agricultural sites to at least transaction fees. Land Act not clear written claim not in the Land Act other than equivalent standards as the previous on this. ‘just compensation’ 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 Ensure that ALL resettlement OP4.12 requires that displacement required for relocation should be The Act is does not out rightly stipulate options are agreed on with PAPs must not occur before all necessary determined prior to displacement, and assistance for relocation but we can interpret and put in place BEFORE measures for resettlement are in preparation and provision of that relocation cost will be included in just displacement of affected place, i.e., measures over and above resettlement sites with adequate compensation. persons. simple compensation facilities, where required
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.
Final_Kisumu_OBA_RAP_Jan_2018.docx