AFRICA
WATER NETWORK, CLIMATE NETWORK AFRICA, ECONEWS AFRICA, NYAKACH COMMUNITY
DEVELOPMENT ASSOCIATION, SONDU–MIRIU COMMUNITY MONITORING COMMITTEE,
SONDU–MIRIU ADVOCACY GROUP, VUMBI GROUP 2000, COMMUNITY ELDERS
Tel/Fax
555513 P.O Box 10538 Nairobi
Email: awn [at] lion [dot] meteo [dot] go [dot] ke
April
4, 2001
Hon Darius Mbela, Chairman
House Committee on Energy, Communications and Public Works
Parliament Buildings, Nairobi
Dear
Honourable,
RE: Public Hearing on Project Affected Peoples As you may be aware, the
implementation of the above project has nearly reached the end of phase
one and the project contractors together with the implementors are about
to embark on the second and final phase. However, phase one of the SMHPP
has unfortunately been marked by a series of controversies and valid
grievances from the affected communities, and its implementation has been
anything but smooth.
As a
result of complaints raised by the project affected peoples, the project
implementor (KenGen) together with the contractors (KVM) organised a
community baraza involving all stakeholders including the affected
communities, the NGO Coalition, representatives of the project funders–Japan
Bank for International Cooperation, the Provincial and District
Administration, on 26 January 2001 at the Base Camp. During the
deliberations of the Baraza, the affected community members were given a
chance to air their grievances pertaining to the project. The major
outcome of that Baraza was the formation of a Technical Committee with
membership drawn from the affected communities, KenGen, and KVM witha
mandate to look into the community grievances with a view of resolving
them. However, due to the apparent failure of the project contractors and
the implementor to act on these grievances, we on behalf of the affected
communities, the Community Based Organizations and the NGO Coalition on
SMHPP request you and your Committee to visit the project and if possible
set a day or two, to hear directly the communities' grievances to allow
your Committee make a balanced decision.
We
would be grateful if you could consider our request sympathetically and
act on it as soon as possible. The main grievances by the project–affected
people are as follows:
1)
Land Purchase The project implementers are not abiding by the
Environmental Impact Assessment (EIA) and the Land Compensation and
Resettlement Plan which were prepared by a consultant on their behalf.
For instance, it is included in those project documents that people were
to be asked before either their lawyer or a reputed NGO (and they
mentioned an NGO called Action Aid) to choose either "land for
land" or "cash payment after proper valuation". The above
procedure was not followed and instead the Provincial Administration was
used to force people through intimidation and harassment to accept the
implementer's payment figures. The payments were also made on a
selective basis. Some people got more and others who were actually
entitled to more were paid less. In short, there was no transparency and
accountability in regards to the payments made to displaced persons.
2)
Compensation for Loss of Income It was agreed in the EIA and other
initial project documents like the Feasibility study, that there was to
be compensation based on annual income generated from the purchased
land. Such compensation was to be calculated on that basis for a period
of 20–25 years.
3)
Pollution and Damages by Explosives The communities were assured that
they would not suffer from dust and other pollution caused by
construction works. Currently, there exists serious pollution as you can
see in the attached medical report from the Provincial Public Health
Officer, Nyanza Province. The use of explosives to make the tunnels has
caused houses, shops and even a leading church to crack.
4)
Water The project contractors have diverted river Miriu and are
discharging untreated water which have been used in the construction
work back to the river. This has led to the extinction of local fish
species, like Okoko, Ningu, etc., which were once abundant in the river.
The affected communities have been given a access to a few water points
which cannot cater adequately for their domestic needs.
5)
Employment It written i the initial project documents that in regards to
employment priority would be given to the affected people of Nyakach,
Kasipul–Kabondo and Karachuonyo. As it is, hundreds of youths from
displaced families have no jobs and so far only 17% of the total
workforce is from the affected communities. The other 83% are from
outside the three constituencies that are most affected. It is also very
serious that some project–affected people have been misled by corrupt
employees of the implementors and the contractors to sell livestock and
other assets to offer as bribes before being employed.
6)
Salary It was agreed in the above mentioned documents that unskilled
labour would be paid shs225/– per day (we originally demanded shs.300/–)
while the semi–skilled were to be paid shs.400/– per day. The workers
are currently underpaid and even skilled workers like engineers have at
one point been forced to resign in mass.
7)
Health It was also agreed that since the influx of migrant labour would
increase the population and with it new diseases in the project area,
all health centres were to be expanded and upgraded and new ones were to
be built if there was need. No such effort has been made and the current
health centres cannot cope with the pressure.
8)
Roads (Main) It was agreed and the public repeatedly promised that the
Sondu–Kusa road would be tarmacked. Currently, the heavy construction
equipment used in the project have caused more damage to the Katito–Kusa
road and so far the Sondu–Kusa road has not been tarmacked.
8b)
Feeder Roads: It was agreed that since the project was destroying old
feeder roads, it was to leave behind new feeder roads. This has not been
done.
9)
Compensation for Boat Owners There are families who have depended on
transporting people across the river for generations. We had demanded
that their compensation be worked out by an expert and be paid for loss
of earnings. We understand they are now being paid secretly and this is
not proper.
10)
The Affected Areas to be Left With Electricity It was originally agreed
that as electricity was to be brought from Ahero or Sondu or Kadongo,
local electrification would begin immediately. Implementers have now
abandoned this plan and have installed generators, which they intend to
remove as soon as the project is completed and leave the area in
"total darkness" while using their resource will be used to
provide electricity to others elsewhere. This would be grossly unfair,
inequitable and exploitative to the maximum. The project–affected people
would like a very urgent intervention on this critical matter.
11)
Project Auditing Our people, as Kenyan citizens and patriots, have had
groups that have been monitoring delivery of equipment and payment of
services and we are not satisfied that this two exercises have been
carried out transparently and in an accountable manner. Therefore, we
are asking for the project to be audited by:
a)
Kenya Auditor General, and
b) an audit firm of international repute
This
is vital as we do not believe that the funds released for phase I of the
project is already used up. Moreover, the auditing exercise would be in
the interest of the Kenyan public (as taxpayers) and the Japanese
Donors.
12)
Community Services It was agreed that since the project would seriously
disrupt normal life in the area and was seriously going to interfere
with the sacred and mythical site of Wan'g ODINO , the community were to
be provided some services in return. For example, income generating
programmes for the youth and women, improving the old pier at Kusa, etc.
These have not been done. We hope they can be done in Phase II of the
SMHPP.
The
above are among some of the grievances the affected communities will
present to you during your visit.
At
this point, we want to strongly refute the claim by some institutions that
the affected communities or the NGO Coalition supporting them are in any
way opposed to the project. In fact, as Kenyans, we want to emphatically
point out that we need the Sondu–Miriu electricity for national
development. However, to make us work in accord with you and other
government officials, we appeal to you to please accept the above requests
from the affected communities, requests which are in tandem with the
minimum standards in the implementation of projects of such nature and
magnitude.
Thank
you.
Yours
sincerely,
Argwings
Odera
Project Coordinator
Sondu–Miriu Advocacy Campaign.
Encl:
Report of Provincial Public Health Officer, Nyanza Province
c.c.
Japan Bank for International Co–operation
Kenya Electricity Generating Company
Konnoike – Veidekke – Murray & Roberts
Embassy of Japan
Friends of Earth Japan
