International Journal of Environment, Ecology,

Family and Urban Studies (IJEEFUS)

ISSN(P): 2250-0065; ISSN(E): 2321-0109
Vol. 6, Issue 3, Jun 2016, 23-44
TJPRC Pvt. Ltd.

INVOLUNTARY RESETTLEMENT POLICY AND PRAXIS IN KENYA:

AN EVALUATION OF JUST TERMS OF COMPENSATION
SALOME L. MUNUB, O. A. KAKUMU & WINNIE MWANGI
School of Built Environment, University of Nairobi, Nairobi, Kenya
ABSTRACT
This paper assessed just terms of compensation in involuntary resettlement policy and praxis in Kenya.
Examination of policy on assessment of value identified the parity gap in compensation between the sociologist and
economist approaches. An extrapolation of policy frameworks to a theoretical model anchored on traditional social
formations conceptualized just terms of compensation for involuntary resettlement. The exploratory study of NairobiThika highway discoursed on epistemology and philosophies of justice within constitutionalism of prompt payment in full
of just compensation. The research methodology entailed subjecting structured questionnaires to sampled strata of
project affected persons. Variables under measurement premised on Cernias (2000) risk, impoverishment and
reconstruction model to establish the level of satisfaction with the compensation praxis and inclusion of socio-cultural

Regression and Pearson Bivariate Coefficients techniques concluded that policy and legal frameworks fell short in just
compensation for involuntary resettlement in Kenya. A recompense model is recommended to bridge the impoverishment
gap in sociologist and economist approaches.
KEYWORDS: Involuntary Resettlement, Compulsory Acquisition, Just Compensation, Social Disarticulation, Livelihood
Restoration, Kenya

Original Article

and economic considerations in policy. A mixed data analyses strategy combining the Analysis of Variance, Multiple

Received: Apr 22, 2016; Accepted: Apr 27, 2016; Published: May 06, 2016; Paper Id.: IJEEFUSJUN20164

INTRODUCTION
1.0 Background and Aim of the study
Involuntary resettlement is the forced relocation of people from familiar habitation to unfamiliar areas.
The causes range from environmental disasters, political instability, need for preservation of eco-sensitive areas to
socio-economic development for public benefit. Since not all involuntary resettlement cases warrant compensation,
this paper focussed on compensation for involuntary resettlement occasioned by government initiatives for public
projects as defined in the Constitution and Land Laws of Kenya (GoK 2010, 2012 a).
The coercive power of eminent domain over land is recognized the world over; the socialist perspectives
of acquisition at no compensation (Simkin 1997, Schoefield 2006), capitalistic advocacy for compensation
(Almond and Plimmer, 1997) and a hybrid of socio-capitalist orientations (Denyer-Green 1989, Chan 2003). In
Kenya, while alienation of land was marginally compensated, compulsory acquisition used the Land Acquisition
Act of India of 1894, majorly for the Uganda Railway to entice the capitalist mode of production (CMP) in opening
up the hinterland. Having ignored the traditional familial formation, the praxis for land alienation became
synonymous with compulsory acquisition and has remained an enigma within legal ideologies and traditional ethos
in search for a just recompense (see GoK 1934, Okoth Ogendo 1991, Kiamba 1989). For a pragmatic solution, this study
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Salome L. Munub, O. A. Kakumu & Winnie Mwangi

borrowed heavily from Cernias (2000) eight-tier model on risk, impoverishment and reconstruction in involuntary
resettlement as a prism for social disarticulation towards just compensation. Data analyses was against objects of
involuntary resettlement in the National Land Policy (NLP), the Constitution and the Land Act 2012 of Kenya (GoK 2009,
2010, 2012a).
Power of eminent domain applied on Nairobi-Thika highway resulted to displacement and involuntary
resettlement of project affected persons (PAPs). At the time of study in year 2014, official records from the Ministry of
Lands indicated that out of the rounded compensation of 5.2 billion shillings, some 2.0 billion still pended disbursement to
PAPs despite completion of the project in year 2010. This project transitioned through the pre-land reform period,
necessitating an evaluation of compensation praxis constitutionally denoted as prompt payment in full of just
compensation. This was in regard to PAPs and dependants ideologies and litigations pending in court evaluating
compensation in policy and praxis.

2.0 PROBLEM STATEMENT

The study by Syagga and Olima (1996) on The Impact of Land Acquisition on Project Displaced Persons
Households; - The Case of the Third Nairobi Water Supply Project Kenya, findings confirmed that statutory frameworks
and compensation values fell short of the socio-cultural and economic expectations of project displaced persons (PDPs) by:

Specific quantifiable economic concerns including conveyance taxes in new settlement areas and travelling
expenses were ignored.

Social formations emanating from cultural praxis including social-economic self-help costs, social amenities in
new areas, educational cost of new schools and purchase of food before growth of new crop.

Adverse changes in income levels and negative economic effects on partly acquired land. Training and extension
services for economic rehabilitation were not provided.

Traditional access to land held in trust was ignored. Syagga (2009) noted that registration conferred a maxima of
five members to land holdings despite customary unitary engagement for all members. Re-assessment of intra and
inter-household equity was ignored resulting to land compensation paid to heads of house-holds as opposed to
cultural entitlement.

Lack of counselling for PAPs leaving cultural attachments like burying grounds and shrines.

Protracted court cases (some taking ten years) contesting amount of compensation awarded. Even after the
determination, the payment process remained bureaucratic and often, compensation money was not available.
Though Syagga and Olima (1996) noted inadequacies in policy and compensation praxis as contributing to social

disarticulation, they did not advance a quantifiable mitigating compensation model. Furthermore, empirical evidence on
quest for just compensation by scholars like Wilsen (2011) note that, in the resettlement of communities displaced by the
three Gorges Dam along the Yangtze river in China, the Asian Development Bank report of 2009 indicated lack of risk
strategy for the prevention of impoverishment. The government policy resulted to resettlement of ethnic minorities within
hostile communities. The assessed values, cultural-economic praxis and social networks were never computed save for
developments. Furthermore, Cernias (1999) paper on Why Economic Analysis Is Essential to Resettlement; - A
Sociologist's View, compensation for economic livelihood was least addressed in research, analysis and financial planning.
Impact Factor (JCC): 3.0965

NAAS Rating: 3.63

Involuntary Resettlement Policy and Praxis in Kenya: An Evaluation of Just Terms of Compensation

25

Displacement and involuntary resettlement are relegated to the project tail end or appended as a dysfunctional by-product
non-core to any project. Basically, Ngongola (1992), Menezes (1991) and Cernia (1999) argue the omission as inbuilt in
conventional project analyses models that concentrate on investment yields as opposed to livelihood restoration. Kothari
(1996) concludes that equity in compensation will remain marginal, palliative and temporary due to misdemeanours in
policy frameworks that ignore the broader socio-cultural, economic and political issues.
Anthropologists are now bisecting justice and fairness in compensation of involuntary resettlement with a 3600
fulcrum approach in resettlement planning, having noted that realtors and other practitioners limit compensation to
legislation. Despite scholarly discourses on shortcomings within legal frameworks, none has suggested a modelled
proposition for recompense that seeks to bridge the identified gaps. Therefore, Cernias (2000) eight-tier impoverishment
framework is an illustration of the World Bank guidelines that redefined the socio-cultural and economic variables ignored
in legislated compensation. Therefore, the study derived the objectives as:

To review and examine adequacy of policy frameworks for just terms of compensation in involuntary
resettlement.

To develop a just terms of compensation model for involuntary resettlement.

This study hypothesized that:H0: Just terms of compensation are adequate in policy frameworks and compensation praxis
In involuntary resettlement in Kenya.
Hu: Just terms of compensation are not adequate in policy frameworks and compensation praxis in involuntary

resettlement in Kenya.

3.0 LITERATURE REVIEW

This section defined involuntary resettlement, displacement and policy frameworks on just compensation in
Kenya.

Involuntary Resettlement in Compulsory Acquisition

Agbola and Jinadu (1997) describe involuntary resettlement as an officially sanctioned act that has harmful

consequences on affected persons. It is disruptive and discriminative socially and economically in nature. Therefore,
compulsory acquisition is the coercive take-over of private land by government for public purposes. While alienation
presumes government possession of land, compulsory acquisition presupposes possession is private or communal, against
the proprietors will (Harbeson 1973; Okoth-Ogendo 1991). However, inverse acquisition allows the proprietor to compel
the government to reflect purchase by will to bypass negative socio-cultural and economic effects of compulsory purchase
(Almond and Plimmer, 1997). In either case, the remaining land may be uneconomical or incompatible with the new
development, an issue ignored in compensation matrices. Furthermore, incremental challenges such as conveyance costs,
untraced owners and refusal to grant entry before conveyance, escalating to litigious claims in a policy abyss (Syagga and
Olima, 1996).

Legal approaches necessitated compulsory acquisition, otherwise to which access or use of land would be illegal.
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Salome L. Munub, O. A. Kakumu & Winnie Mwangi

The acquiring bodys activity would be trespass and the action would be ultra vires and unlawful (Plimmer 2007). The
law precludes these powers under constitutional and statutory safeguards but on pre-condition of just compensation
(Lawrence et al. 1976, Denyer-Green 1989). This advances Ndegwas (1985) argument of regional economic prosperity
through equitable sharing of impoverishment risks by nationally spreading the effects of dislocation and resettlement to
cushion dependency losses vis-a-vis the public gain. As the economist De Soto (1994) argues, apart from being collateral
to borrowing, land titles increase property values and accessibility to capital at individual micro-economic level against the
states macro-economic duty.

The Effects of Involuntary Resettlement

The panacea for development is involuntary resettlement, but the nemesis of compulsory acquisition is

involuntary resettlement, synchronized by justice in compensation. According to the Office of High Commissioner on
Human Rights (OHCHR 1996-2012) report, involuntary resettlement has negative socio-cultural and economic impacts
occasioned by displacement from familiar tenure definitions of occupation, use, abuse and disposition on land. Due to
displacement, impoverishment exacerbates the unwillingness to relocate (Ngongola, 1992; IFC 2007, De Wet 1994). This
impoverishment is mirrored in Cernias (1996, 2000) ethnographic observations of social disarticulation. In support, Umeh
(1973) connotes compulsory acquisition as coercive and inferior to open purchase. The subsequent resettlement deprives
communities access to inherent social-cultural and economic facilities, cultural sites, social networks and common areas
(Thomas 2002; Mdolongwa 1998).
Equally contentious is the adequacy of compensation for the acquired property (Burrows 1991; Elman 1968,
Braun 2005). Umeh (1973) and Rwiza (2010) observe that traditionally, individual compensation was co-joined in the
public purpose and alternative land needed not measure in quantum or comparability. As historically noted, compensation
is still bedevilled by untitled replacement land, transition trauma, family disintegration and conflict with host communities
(Okoth-Ogendo 1991). To this extent, Kothari (1996) observes PAPs uncertainty in involuntary resettlement due to lack of
information on impacts and dependant expediencies borne by inadequate policy frameworks.
According to Ndegwa (1985), other than the economic drive, development defines socio-political benefits that
balance socialism as human modules and capitalism as production modules unveiling civility. Hill (1976) notes that
infrastructure is the highway to civility, without which societies would remain backward, thereby justifying the States
legal instruments on coercive power. Circumspectively, the concept of private property contradicts the dictum of statutory
takeovers and is the crux of just compensation at constitutional and moral levels (Burrows 1991; Elman 1968; Braun
2005). Therefore, development takes a nationalistic character created by political ideologies to overcome ethnic, linguistic
and cultural differences in recompense structures (Ndegwa 1985). In turn, Harbeson (1973) argues that in Kenya,
nationalism was borne from breakdown of traditional cultures ignored by imperial tendencies that favoured CMP
structures. Resultant, was scarcity of land, unemployment and food shortage facing developing countries when actualizing
the national development programmes (Ndegwa 1985; Harbeson (1973).

Compensation Policy for Involuntary Resettlement

Since the concept of compensation is borne out of power of eminent domain, therefore, compulsory acquisition is

legally claimable (Kiamba, 1989). Compensation for involuntary resettlement is a constitutional right provided the world
over as pre-requisite to compulsory purchase (Nuhu and Aliyu 2009; Mendie et. al. 2010). Therefore, involuntary

Impact Factor (JCC): 3.0965

NAAS Rating: 3.63

Involuntary Resettlement Policy and Praxis in Kenya: An Evaluation of Just Terms of Compensation

27

resettlement hinges on conjectures of justice in compensation however, complexity in compensation arises from
distinguishing between genuine dispossession and speculative claims in excess of property market values (Mangioni 2008,
GoK 2012a).
In exemplifying structured and un-structured policy frameworks, the study reviewed compensation praxis in
China and Brazil. In China, land is vested in either the state or collective ownership thus social disarticulation is ignored in
resettlement compensation as observed in the Three Gorges Dam Project in Yutang Province (Wilsen, 2011). Ding (2005)
denotes the 1949 land-use law as regulating on improvements in urban areas and transactory rights in rural areas. Wilsen
(2011) adds that compensation is based on annual average output value of crop, ironically vested in the governments
agricultural pricing policy capitalized at 0.25%, making it uncompetitive in the market. Since rural China has no market
comparable, living standards decrease upon displacement, increase in dependency on hakou (licenses) status and
expropriatee resettlement in hostile host communities. However, Ding (2005) observes that policy frameworks provide job
placement and a geographically bonded hakou status that accesses social benefits and public goods at subsidized levels for
dependents.
Wilsen (2011) notes that China is continually improving resettlement policy by enhancing development
opportunity using project generated funds for livelihood restoration through improved impact identification processes.
Implementation challenges included long-distance resettlement that broke familial composition, lag times in livelihood
improvement and a production economy that ignored subsistent agriculturists (Croll, 1999). By contrast, displacement in
Kenya is oriented towards cash compensation that resulting to an impoverishment vacuum identified as social
disarticulation of PAPs and their dependents.
In comparison, land reforms in Brazil empowered the government to excise holdings exceeding 500 acres for
redistribution to the land-less. The land inequality placed 45% of total land as owned by 1% of the people (Kane, 1999;
Lambais, 2008). Therefore, the World Banks market based reform programme extended loans for purchase of excess land
by the government for redistribution and restitution to the landless majority (Frank, 2002). However, Lambais (2008)
observes that despite these reforms, non-crystallization of the land policy in addressing broad socio-cultural and economic
issues at macro-economic levels saw failure of the programme. Reforms were incomplete due to non-institutionalization of
equitable access by small land-owners (minifundio) into large latifundios. The informal acquisition and compensation
policies resulted to impoverishment to both the minifundio and latifundio owners (Janvry and Sadoulet, 2002). This
observation amplified the studys focus that evaluated land policies on just terms of compensation premised on concepts of
equity.
In Africa, the tenure system anchored on right of avail of land to all clan members who deduced their common
and individual rights (Kalabamu, 2000). As social constructs, no one was landless, while perpetuity of individual rights
was subject to communal access and conformity with sustainable systems of disposition (De Wet 2001; Obeng-Odoom,
2012). Compensation for communal land was replaced with virgin lands, however, with time, imperialism re-defined
cultural compensation approaches with superseding CMP economic models of land use policies (GoK 1934). In this regard,
the Mangioni (2008) model reflects the economist-valuation policy approaches for commonwealth countries.

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Salome L. Munub, O. A. Kakumu & Winnie Mwangi

Source: Adapted from Mangioni (2008)

Figure 1: Total versus Partial Acquisition Approach
The total acquisition is synonymous to purchase while partial acquisition involves excision of part of the land. In
this case compensation value includes:

Severance for land separated or severed into parts thereby increasing the cost of managing the existing
activities, such asranching.

Injurious affection as decrease in value of the un-acquired land such as a highway blocking slip-road access to
property.

Disturbance as interruption and inconvenience to normal activities. A statutory quantum is added to the market
value.
The before and after valuation method conceptualizes the propertys value before acquisition and residual value

after acquisition. Difference between the two is the impact of the acquisition on the retained property and there is a special
diminishing value of the residual land (Lawrence et. al 1976; Westbrook, 1977; Mangioni, 2008). Likewise, the Kenyan
legal framework considers market value, severance, injurious affection and disturbance (15%) to generate the
compensation entitlement. Factors disregarded in the Kenyan model include the urgency of the takeover, special value
assigned to the property arising from the acquisition, the betterment value and finally, claims contravening the law.
Ngau and Kumssa (2004) argue from anthropological perspectives echoing households ideologies on sociocultural and economic issues. Such are reflected in OHCHR (1996-2012) guidelines on dependencies to include, informal
settlements, income streams, proximity to social facilities and livelihood sources. These mirror the United Nations 1948
charter on property rights further supported by donor agencies such as Japan International Co-operation Agency, Africa
Development Bank and World Bank. These agencies enumerate intangible attributes and entitlements of PAPs irrespective
of title ownership and tangible economic damage to land and developments. These attributes of livelihood restoration
illustrated in Table 1 below are adapted from Cernias (2000) model on social disarticulation.

Impact Factor (JCC): 3.0965

NAAS Rating: 3.63

Involuntary Resettlement Policy and Praxis in Kenya: An Evaluation of Just Terms of Compensation

29

Table 1: Concept of Risk, Impoverishment and Reconstruction

Risk

Impoverishment

Landlessness

Expropriation reduces land sizes and

productive systems.

Joblessness

Loss of wage employment

Homelessness

Deprivation of family dwelling units and

cultural space.

Marginalization

Downward mobility from middle to small

sized parcels and a drop in social status.

Decline in health increases mortality.

Negative impact on education and living
standards.
Reduction in farming lands
Food insecurity
Lack of access to common property areas
Loss of common
(grazing lands, forest, water points, social
property assets
amenities)
Loss of social capital, fragmented family
Livelihood
cohesion and kinship groups
restoration
Source: Adapted from Cernia (2000)
Morbidity and
mortality

Reconstruction
Resettle people in similar agro-economic
production zones and provide development
assistance.
Re-employment in project-related roles and
self-employment services.
Assessment of replacement value to
reconstruct houses for evictees.
Psychological, economic and social
marginalization. Build up sustainable
income sources.
Mitigate negative effects on health, hygiene
and education
Avail agricultural extension services.
Advocacy and awareness for host
population reception and social integration
to avoid social conflict
Relocate familial dependencies in
neighbourhood for sustainable livelihoods

Meshing of sociologist perspectives with best praxis modules culminated to the Human Rights Based Approach
(HRBA) models that distinctly extended conventional resettlement praxis to include human rights and livelihood
sustainability in compensation matrices (OHCHR 2006; Gabrielle 2008). Therefore, Cernias eight-tier social
disarticulation framework converges social constructs with rational economic valuation approaches.

4.0 LEGAL FRAMEWORK OF COMPULSORY ACQUISITION IN KENYA

The Carter Commission Report of 1934 defined the framework on exclusion and setting apart of land using
compensatory blocks in lieu of compensation or moneytary exchange topped with 15 % disturbance allowance. Where full
value was paid, no compensatory block was added. By 1934, alienation and compensation for cultivated land was at 2
rupees per acre for 2 acres defined per household and 4 rupees per hut in Kikuyu country. However compensation for other
lands was generally at 50 ruppes per hut, on land-for-land exchange of equal extent or value (GoK 1934; Sorrenson 1967)
From this background, the legal frameworks and patterns of economic development in Kenya justified forceful
eviction of people at no compensation which is now incompatible with reform ideals of equitable access and social security
on land (GoK 2009). According to Article 40 of the Constitution of Kenya, deprivation of property rights for public
purpose requires prompt payment in full of just compensation . Right of access to a court of law . Compensation to be
paid to occupants in good faith who may not hold title to land (GoK, 2010). The Land Act 2012 further provides the
Commission shall make full inquiry into and determine who the persons are interested in the land .. and receive claims of
compensation from those interested in the land (GoK, 2012a).
Therefore, challenges springing from involuntary resettlement require policy re-definition on Constitutional levels
for policy provisions on resettlement (GoK 2010, 2012a). The NLP section 3.6.5 sets out land rights of vulnerable groups,
section 3.6.6 on land rights of the minority while section 3.6.9 recognizes vulnerability of informal settlements in
development control and expropriation as resettlement tools. Surmise, reforms rationalize allocation powers through
equitable, transparent and efficient framework of involuntary resettlement within land administration and management
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Salome L. Munub, O. A. Kakumu & Winnie Mwangi

institutions. This was crystalized by enactment of the Land Act 2012 and the National Land Commission Act 2012 (see
GoK 2009, 2012a, 2012b).
Table 2: Matrix of the Legal Framework on Compensation in Kenya
Statutory Issue
1.Authority
compulsory
acquire land

to

2.Assets

3.Postponement of
Inquiry
and
revocation
of
acquisition

4.Grant of land-InLieu of Cash

5.Notice
and
takeover

periods
urgent

Pre-Reform Policy
Constitution (1969) Article 75 on compulsory
acquisition; Article 117 on setting apart of trust land
and Land Acquisition Act (LAA) Cap 295, 1990)
(repealed) and Trust Land Act Cap 288.
Acquisition authority vested in Commissioner of
Lands
LAA Cap 295 (1990) Part 6A: owner to remove their
plant and machinery if not required for the acquisition
and it shall not be computed for compensation
LAA Cap 295 Part 9 (4A): Non-holding of inquiry
within 24 months of gazettement was deemed
revocation of intention to acquire.
Part 23 provides for compensation of damage upon
withdrawal of acquisition. Though silent on preemptive rights, land was free for allocation to any
person if compensation had been paid
LAA Cap 295 Part 12: land in lieu of monetary
compensation of equivalent value though cash-forland is the praxis.
LAA Cap 295 Part 19 (2): urgent takeover of vacant
arable land in case of urgency after 30 days notice

6.Interest
on
delayed payments

Constitution 1969 Article 75 (1c): for prompt payment

of fair compensation. LAA 295 Part 16(1): interest for
delayed payment at 6% minimum

7.Grievance
redress mechanism

LAA Cap 295 Part 29 (2) The Land Acquisition

Tribunal as the court of first instance. High court to be
the Court of Appeal

8.Re-settlement

Not provided

9.Livelihood
Not provided
restoration.
Source: Field Study (2015)

Post-Reform Policy
Constitution 2010 and Land Act 2012.
Acquisition authority vested in the
National Land Commission. Trust Land
has been converted to community land
awaiting the community land law.
Land Act 2010 Part 110 (3): owner to
remove plant and machinery from site.
The law is silent on who to bear the cost
Land Act Part 112 (4): Allows
postponement over an undefined period.
Part 123 provides for compensation of
damage upon withdrawal of acquisition,
while Part 110(2) pre-emptive rights
reserved for original owners upon
restitution of compensation
Part 114 (2): land-in-lieu of monetary
compensation of equivalent value
though cash-for-land is the praxis.
Section 120 (2): urgent takeover on
arable land after 15 days notice
notwithstanding no award has been
made.
Constitution 2010 (40 (3)): prompt
payment in full of just compensation.
Land Act Part 117 (1): interest on
delayed payment at prevailing bank
rates
Land Act 2012 Part 128 land disputes
directed to the Land and Environment
Court
Section 134 and 135 provides for
resettlement
Not provided

5.0 RESEARCH METHODOLOGY

This part highlighted the case study design, sampling procedure and data collection, processing and analyses
techniques.
5.1 Case Study of Nairobi-Thika Highway
The Nairobi-Thika highway project highlighted the tangible compensable economic attributes and ignored socioeconomic attributes thereby establishing the gap being evaluated in policy and compensation praxis. According to Neuman
(2011) and Yin (2003), case studies are useful for research on social sciences relevant for policy orientation as opposed to
biological research. It allows empirical exploration of behavioral patterns by drawing inferences and explanations of
phenomena (Yahya, 1976; Yin 2003). Kothari (2008) argues that case study allows for historical analysis and suggests

Impact Factor (JCC): 3.0965

NAAS Rating: 3.63

Involuntary Resettlement Policy and Praxis in Kenya: An Evaluation of Just Terms of Compensation

31

improvement on the concerned social unit, therefore supporting the objectives of this study.
This case study had significant social-cultural and economic impacts arising from acquisition of land in a land
reform period, espousing expropriatee rights in the NLP and Constitution. The project excised land belonging to
institutions, small and medium enterprises (SMEs) and households, thereby affecting their social-economic formations.

CHANIA

21
Structures (Except River Bridge)
20 ProposedTHIKA
19
18
17
16

JUJA

1. Flyover at Globe Roundabout (R/A)

2. Flyover at Chiromo R/A
3. Flyover at Ojijo R/A
4. Flyover at Limuru Road Jn
5. Underpass & Flyover at Pangani
6. Overpass & Underpass at Muthaiga
7. Underpass at Mathare Hospital
8. Underpass at Survey of Kenya
9. Overpass at GSU
10. Overpass at Nakumatt
11. Flyover at Kasarani

RUIRU

12. Flyover at Githurai

15
13

13. ROB
14. Underpass at Kahawa Sukari
15. Flyover at Bypass Jn. (Ruiru)

14
GITHURAI

11
9

12
KASSARAN
I

10 RUARAKA
8 SURVEY OF KENYA
7
MATHARE HOSP

3 4 1
MUSEUM
5 PANGANI
GLOBE CINEMA
2
1

NAIROBI

Legend

16. ROB
17. Underpass at Kiganjo Road
18. Underpass at Gatundu Road
19. ROB
20. Underpass at Mangu Village
21. ROB

Project Road
Cross Road
Railway Line
SOURCE: SURVEY OF KENYA TOPO SHEETS
Flyover
Underpass
Overpass
ROB

Figure 2: Lay out Plan of Project Area

The Dual Sign Carriage before the Upgrade

Upgrade at Utalii Section to Eight Lanes

Forest Road Interchange

Shell Petrol Station on Muranga Road with no Access

Compensation Ignored Closure of Business and
Uneconomic use of Remaining Land
Source: GoK (2015) Nairobi-Thika Road Upgrade Project Completion Report
Figure 3: Before and After Pictorial Views of Nairobi-Thika Highway

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Salome L. Munub, O. A. Kakumu & Winnie Mwangi

The research methodology involved sampling stratified clusters of the population. According to Hyndman (2008)
and Mugenda and Mugenda (2003), a research population is a well-defined collection of objects with similar binding
characteristics. The population for the Nairobi-Thika highway was informed by records from the Ministry of Lands
valuation department through Kenya Gazette Notices 6034 and 6035 of 11th July 2008; Notice 1396 of 20th February 2009;
Notice 8748 of 21th August 2010; Notice 5902 of 28th May 2010; Notice 10904 of 17th September 2010; Notice 454 of 21st
January 2011 and Notice 16180 of 23rd December 2011.
While the population frame defined the registered lands, the study ignored the un-identified land owners
comprising 5.5% and whose compensation was deposited in a special compensation account awaiting their identification
(GoK 1990, 2012a). Therefore, sampling was on the population frame comprising 672 items that constituted 94.5% of the
population.
Mugenda and Mugenda (2003) advises that a good sample should truly represent the population, result in a small
sampling error, be viable, economical and systematic in bringing out results applicable to a universe at a reasonable level
of confidence. Therefore, in this study, a sample response rate of 30% is acceptable in representing outcomes and allowing
for non-responsive elements of the population.
Stratified random sampling was applied to households and SMEs, however, due to the small populations of
institutions and policy makers/implementers, a survey was undertaken to avoid losing any attributes (Kothari 2008; Israel
1992).
Table 3: Population and Sample Size for the Nairobi-Thika Highway
Category

Population

Sample size

Percentage Representation
of Population
50%
50%
100%
100%

443
221
Land Owners
187
93
SMEs
30
30 (survey)
Institutions
12
12 (survey)
Implementers
Total
672
356
Source: Kenya Gazette Notices: 2008, 2009, 2010, and 2011
5.2 Data Collection

Burns and Grove (2003) define data collection as the systematic gathering of information relevant to the research
problems using methods such as interviews, participant observations, focus group discussion, narratives and case histories.
Two types of data collection methods were applied in this study.

Secondary Data Collection

Literature was reviewed on policy frameworks and best praxis articulated in donor guidelines on various

compensation models. This review included books, journals, periodicals, the Constitution, statutes, regulations and
working manuals to establish the compensation praxis in Kenya. The internet was also used in sourcing for information and
this method assisted in analysing objective one.

Primary Data Collection

Primary data was collected using structured questionnaires, clarified with open-ended questions. The

questionnaires were self-administered on a pick-and-drop basis by two research assistants. Questionnaires are appropriate
Impact Factor (JCC): 3.0965

NAAS Rating: 3.63

Involuntary Resettlement Policy and Praxis in Kenya: An Evaluation of Just Terms of Compensation

33

in confidential collection of information as was used by Syagga and Olima (1996). In addition, questionnaires are an even
stimulus to large population (Somekh and Lewin 2009). Structured questionnaires have the advantage of being less costly,
use less time in data collection and analyses. They obtain objective data by applying same questions and allowing
respondents confidence in anonymity (Kidder 1981; Yin, 2003). While the close-ended questions guided the respondents
answers, the open-ended questions ensured the questions were understood. The questionnaire doubled as an interview
guide for the semi-literate respondents who were assisted by the research assistants. This method analysed objective two.
5.3 Pilot Testing
In order to minimize possible instrumentation error and increase the reliability of the data collected, a pilot study
was conducted to measure the research instruments reliability and validity (Selltiz et. al 1976). A pilot study was
conducted on 5% of the sample to detect any weakness in design and reliability analysis of internal consistency measured
using Cronbach Alpha coefficient. Internal consistency measured the correlations between different items on the same test
or the same sub-scale to test whether several items measuring the same construct produced similar scores. The 29 prompt
questionnaire is discussed in the data analyses section below.
5.4 Data Processing and Analyses Techniques
Data processing involves translating the responses from a questionnaire into a manipulated form to produce
statistics. This involves coding, editing, data entry, categorizing and keying into Statistical Package for Social Sciences
(SPSS) computer software for analysis (Bryman and Cramer, 2001). SPSS produced descriptive and inferential statistics,
derived generalizations that enabled drawing of conclusions on the statistical data analyses, comparison and interpretation.
Descriptive statistics included frequencies and percentiles while inferential statistics included Analysis of
Variance (ANOVA), Pearsons Bivariate Correlation and Multiple Linear Regression. The regression model was used to
observe the effect of an increase of 1 unit (of the independent variable) on the corresponding increase in just compensation
(dependent variable). According to Saunders et al. (2009), the formula of an increase in Y leading to a corresponding
increase in X is:Y=0+ 1X1+ 2X2..............................+ nXn + e ....................

(1.2)

Since we have only two independent variables in our study then:Y=0+ 1X1+ 2X2 + e
Where:
Y = Just compensation praxis

{ i; i=1,2 } = The coefficients for the various independent variables

Xi for;
X1 = Extent to which policy frameworks are just in compensation
X2 = Awareness of the legal framework on just compensation

e is the error margin, normally distributed with mean zero and constant variance.
The data analyses relied on the rule of thumb thresholds as follows:-

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Salome L. Munub, O. A. Kakumu & Winnie Mwangi

The mean of each variable under study totalled to 15/5 on a 5-point linkert scale. Therefore a value of >3.0
indicated satisfaction/adequacy while <3.0 was dissatisfaction/inadequacy (Kothari 2004, Somekh and Lewin
2009). In this case, a standard deviation (SD)>0.5 indicated a strong positive relationship with the alternative
hypothesis.

Bryman and Cramer (2001) and Israel (1992), provide the following rule of thumb for Cronbach Alpha where
a P value of >0.9 Excellent, >0.8 Good, >0.7 Acceptable, >0.6 Questionable, >0.5 Poor and <0.5
Unacceptable. Movement towards a P value of 0.00, indicates concurrence with the statement. Cronbach
Alpha as a coefficient of internal consistency indicates an acceptable value of 0.7 as a cutoff for reliability.

Pearsons Bivariate Correlation measures the relationship between two variables from +1 to -1; where +1 is a
strong positive correlation, -1 a strong negative correlation, and 0.0 is lack of relationship between the two
variables. The closer the correlation tends to zero the weaker the relationship.

Multiple Linear Regression analysis tested the influence of the predictor variables on the dependent variable
i.e. the fit between socio-cultural and economic attributes with just terms of compensation. A coefficient of
determination (R2) = or > 0.5 means the higher the coefficient, the stronger the relationship between the
variables.

6.0 DATA FINDINGS, PRESENTATION AND ANALYSES

The questionnaires were administered to 356 respondents against a population size of 672 PAPs. Table 4 below
indicated 210 respondents which was above 63%, thereby increasing reliability of the findings.
Table 4: Sample Size and Response Rate
Category
Sample size
Land Owners
221
SMEs
93
Institutions
30
Implementers
12
Total
356
Source: Field Study (2015)

500

Response
106
76
19
9
210

Percentage Response
86.89
81.72
63.33
75.00
58.98

Population, Sample Size and Response Rates in

the Four Categories

400
300
200
100
0
Land Owners Population SMEs
Sample Size

Institutions
Response Rate

Imlementers

Figure 4: The Population, Sample Size and Response Rate

Impact Factor (JCC): 3.0965

NAAS Rating: 3.63

Involuntary Resettlement Policy and Praxis in Kenya: An Evaluation of Just Terms of Compensation

35

6.1 Reliability of the Main Study Results

In the main study, reliability results for the four (4) categories on the 29 prompts attracted a Cronbach Alpha
statistic >0.7. A Cronbach Alpha of 0.7 indicates that the data collection instrument is reliable (Israel 1992). The reliability
statistics are presented in Table 5 below:Table 5: Reliability of the Main Study
Category

Households

Implementing/Poli
cy Makers

Institution

SMEs

Construct
Level of Awareness
Satisfaction with compensation
practices
Socio-economic practices
Level of awareness
Satisfaction with compensation
practices
Socio-economic practices
Level of awareness
Satisfaction with compensation
practices
Socio-economic practices
Level of awareness
Satisfaction with compensation
practices
Socio-economic practices

Number of
Statements
10

Cronbach
Alpha
0.953

Reliable

10

0.694

Reliable

9
10

0.685
0.817

Reliable
Reliable

10

0.821

Reliable

9
10

0.891
0.938

Reliable
Reliable

10

0.856

Reliable

9
10

0.939
0.895

Reliable
Reliable

10

0.841

Reliable

8
112

0.884
0.851

Reliable
Reliable

Overall
Source: Field study (2015)

Comment

6.3 Data Analyses Techniques

Three data analyses techniques were applied for data analyses.

Pearsons Bivariate Correlation

Bivariate correlation indicates the relationship between two variables. The correlation between satisfaction with

compensation praxis and level of awareness though positive, was weak (0.237) and significant (0.003). This meant that a
change in satisfaction with compensation praxis versus the level of awareness changed in the same direction. In addition,
the correlation between satisfaction with compensation and praxis inclusion of just compensation (social-cultural and
economic) factors in compensation was strongly positive (0.534) and significant. This showed that a change in satisfaction
with compensation praxis is positively correlated (0.534) with inclusion of social-cultural and economic factors as
indicated in Table 7 below.
Table 6: Pearsons Bivariate Correlation
Variable
Satisfaction with
compensation practices
Level of awareness
Socio-Economic Factors

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Satisfaction
Pearson Correlation

Sig. (2-tailed)
Pearson Correlation
Sig. (2-tailed)
Pearson Correlation
Sig. (2-tailed)

0.237
0.003
0.534
0.000

Level of
Awareness

Social-Economic
Factors

1
0.282
0.014

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Salome L. Munub, O. A. Kakumu & Winnie Mwangi

Table 6: Contd.,
** Correlation is significant at the 0.01 level (2-tailed).
* Correlation is significant at the 0.05 level (2-tailed).
Source: Field Study (2015)

Regression Analysis
Linear Regression Analysis tested the influence of predictor variables on dependent variables. The results in Table

8.0 below indicated the regression models best fit explained satisfaction with compensation praxis. This is supported by a
composite positive correlation of 0.618 and coefficient of determination (R2) of 0.382. Therefore, predictor variables
explained at least 38.2% of the variation in satisfaction with compensation praxis. The standard error of estimate (0.76459)
was negligible indicating a representative sample of the population on movement towards 1.0.
Table 7: Regression Fitness Model
Indicator
R
R2
Std. Error of the Estimate
Source: Field Study (2015)

Coefficient
0.618
0.382
0.76459

Regression output of the predictor variables indicated the level of awareness and inclusion of social-cultural and
economic factors as statistically significant factors influencing just compensation. The beta coefficient indicated the
direction and degree of influence of the predictor variable on the dependent variable. For example, a beta coefficient of
0.265 on level of awareness meant that a unit change in level of awareness caused a 0.265 positive unit change in
satisfaction with compensation. Results in Table 9.below indicated a strong relationship between satisfaction and inclusion
of socio-cultural and economic factors.
Table 8: Regression Coefficients
Variable
Constant
Level of awareness
Social economic factors
Source: Field Study (2015)

Beta
0.233
0.265
0.707

Std. Error
0.307
0.079
0.155

T
0.759
3.353
4.579

Sig.
0.450
0.001
0.000

Analysis of Variance Technique

The ANOVA technique compared responses to each question within each of the four categories under study. The

respective category sample means were then compared against the four categories mean. Sum of total variable means were
then broken into component parts using squared deviation of variances to compute deviation of each category first, from
their own mean and secondly from the grand mean i.e. within group variance and between group variances. Cross
tabulation collated unit characteristics among the variables.
According to Cooper and Schindler (2011), a probability (p) value < 0.05, is significant. If p-value is >0.7, it is
insignificant and the model is not suitable. In the study, the calculated F statistic was greater that the critical F statistic in
the F distribution table, meaning rejection of null hypothesis (Ho) (see Hinton et. al 2004; Kothari, 2008).

Impact Factor (JCC): 3.0965

NAAS Rating: 3.63

Involuntary Resettlement Policy and Praxis in Kenya: An Evaluation of Just Terms of Compensation

37

Table 9: ANOVA
Attributes
Sum of Squares
Between Groups
42.091
Within Groups
25.965
Total
68.055
Source: Field Study (2015)

Df
2
215
217

Mean Square
12.982
0.585

F
22.207

Sig. (p)
0.000

Table 6 above indicated ANOVA findings that the combined effect of the independent variables was significant in
explaining satisfaction with compensation practices with an F statistic of 22.207.
6.4 Satisfaction Gap in Just Compensation
The satisfaction gap addressed objective one using a 19 prompt questionnaire that established first, the adequacy
of the compensation praxis and secondly, the inclusion of socio-economic determinants of social disarticulation as follows.
To what extent:

Is it just for the Government to compulsory acquire your land?

Is it just to take possession of uncultivated, pasture or arable land out of urgency of the project before payment of
compensation?

Is the monetary compensation for acquired land just?

Is the compensation for developments on land just?

Is compensation paid for damage caused during survey just?

Is compensation paid for relocation of plant and machinery just?

Is compensation to relocate paid to the land owner promptly?

Is the legal redress mechanism determining claims of interests just?

Is the legal redress just in settlement of disputes on relocation?

Is it just for the court to determine who to pay litigation costs when seeking justice?
The questionnaire further established the inclusion of socio-cultural and economic issues in just compensation

focusing on Cernias (2000) eight-tier social disarticulation model. This established the extent of:

The acceptability to relocate from the land by other dependents.

The interests of family dependents in the compensation awards.

The law addressing the issue of landlessness.

The law addressing the issue of homelessness.

The law addressing the issue of joblessness.

The law addressing the issue of marginalization in host communities.

The law addressing the issue of food insecurity.

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38

Salome L. Munub, O. A. Kakumu & Winnie Mwangi

The law addressing the issue of loss of access to common property resources.

The socio-cultural and economic issues in the compensation praxis.

Source: Field Study (2015)

Figure 5: Satisfaction Gap in Just Compensation
The results in Figure 5 above indicated that the average mean for Households (1.53), SMEs (1.912) and
Institutions (2.70) is below the acceptable mean level (3.0). This signified dissatisfaction with adequacy of compensation
by the three categories. Policy makers/implementers had a mean (3.36) above mean level>3.0 signifying marginal
satisfaction of 0.366 with the compensation praxis.
The SD analysis indicated Households (0.81), SMEs (1.34), Institutions (1.05) and Policy makers/implementers
(1.182), all being >0.5. These findings affirmed that inclusion of socio-cultural and economic variables reflecting just
compensation were not provided in praxis.
6.5 Level of Awareness of Compensation Praxis
Objective two of the study was established using a 10 prompt questionnaire on level of awareness of legal
framework on compulsory acquisition. To examine the level of awareness of the policy on:

The Constitution provisions for compulsory acquisition of land for public purposes

Publication of the parcels to be acquired in a gazette notice.

Payment of compensation resulting from compulsory acquisition.

Presentation of claims by persons with interest at a gazetted inquiry.

Statutory provisions on compensable attributes.

Legal framework for compensation under compulsory acquisition

Compensation to damage caused by survey

Severance in costing for relocation

Impact Factor (JCC): 3.0965

NAAS Rating: 3.63

Involuntary Resettlement Policy and Praxis in Kenya: An Evaluation of Just Terms of Compensation

Injurious affection in costing of relocation

Disturbance in costing for relocation

39

Source: Field Study (2015)

Figure 6: Level of Aware of Compensation Praxis
The results in Figure 6 above indicated the mean for Households (2.7) and SMEs (2.51) as below the average
mean of 3.0, meaning lack of awareness policy and compensation praxis. However, Institutions (3.4) and Policy
makers/implementers (4.37) were above the average mean of 3.0 indicating a general awareness, though, Institutions had a
marginal score of 0.4 above the mean.
The SD analysis indicated Households (1.71), SMEs (1.48), Institutions (1.5) and Policy makers/implementers
(0.7); affirming that being >0.5, the SD is reflective of the strong positive relationship between awareness and just
compensation.

7.0 SUMMARY OF DISCUSSIONS

Collation of the various data analyses techniques revealed that social disarticulation is ignored in compensation
praxis in involuntary resettlement. The regression co-efficient indicated a strong relationship between adequacy of
compensation and Cernias (2000) eight-tier social disarticulation model. Therefore, the HRBA principles and the UN 1948
Declaration represent the dependency rights foregone in involuntary resettlement.
The ANOVA technique established influence of predictor variables on dependent variables outside the policy
framework. The regression fitness model indicated that level of awareness and inclusion of social-cultural and economic
factors influenced just terms of compensation reflected by the beta coefficient of a positive movement in direction and
degree of both attributes. A reduction in satisfaction variables reduced the justness of compensation. The study deduced
that just terms of compensation are not provided in policy framework and compensation praxis, therefore the null (Ho)
hypothesis was rejected.
A review of the policy framework established confinement of compensation praxis within colonial policy
precincts that ignored salient socio-cultural tenets on justice within African social formations. World Bank guidelines
advocate for broader inclusion of customary familial composition thereby supporting the NLP, the Constitution and Land

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40

Salome L. Munub, O. A. Kakumu & Winnie Mwangi

Act (GoK 2009, 2010, 2012a). Introduction of occupants in good faith without tittle, public rights of way and wayleaves,
has broadened the compensation arena, however, the existing legal frameworks continually ignore inclusion of sociocultural and economic tenets that ensure restoration of livelihoods to PDPS. Therefore, need for re-definition of just
compensation in involuntary resettlement policy, regulations, guide-lines and procedural manuals cannot be ignored.
In recommending a model for just terms of compensation in involuntary resettlement policy and praxis in Kenya,
Figure 7 below illustrates tangible variables in economic-valuation approaches provided in legal frameworks, sociologist
approaches on intangible socio-cultural and economic variables and a convergent mesh of the legal and social perspectives
as a bridging model for just terms of compensation.

Source: Author (Field Study 2015)

Figure 7: Conceptual Illustration of Attributes on Just Compensation

8.0 CONCLUSIONS AND FURTHER AREAS OF STUDY

ANOVA analysis established that compensation praxis does not provide for socio-cultural and economic modules
of just terms of compensation concepts. This is because the legal and financial frameworks ignored the non-tangible,
secondary derivative interests on land. Furthermore, the displacement arena was exposed to non-uniform compensation
praxis within a non-responsive regulated framework, deviant to philosophies and concepts of justice. Resultant were the
land reforms that validated traditional familial tenets to mitigate the social disarticulation abysses.

Impact Factor (JCC): 3.0965

NAAS Rating: 3.63

Involuntary Resettlement Policy and Praxis in Kenya: An Evaluation of Just Terms of Compensation

41

Since the research focused on just terms of compensation of involuntary resettlement policy and praxis in Kenya:
The Case Study of Nairobi-Thika highway. It would interest socio-political students to formulate public policy for
involuntary resettlement in this period of land reforms. Since data analyses techniques established gaps between drivers of
just compensation and policy provisions, it would interest Valuers and Realtors to formulate policy instruments that
identify measure and comprehensively quantify compensation structures reflecting socio-cultured and economic variables
espoused in the NLP towards just terms of compensation. Such a hedonic valuation approach reaffirms equitable property
rights and access to land in just compensation praxis espoused in the Constitution of Kenya.
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AUTHORS CONTRIBUTIONS
This article is excerpted from the doctoral thesis written by author SLM. The work was carried out in
collaboration between all the authors. Author SLM designed the study, gathered the initial data, performed preliminary data
analysis, wrote the protocol and the first draft of the manuscript. Author WM managed the literature searches while author
OAK performed the statistical analysis and managed the analyses of the study. All authors read and approved the final
manuscript.

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