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    Reference: SG/E/2017/27
    Received Date: 30 June 2017
    Subject: Regional Mombasa Port Access Road
    Complainant: Confidential
    Allegations: Concerns about alleged negative impact on business
    Type: E - Environmental and social impacts of financed projects
    Suggestions for improvement: no
    Dispute Resolution*

    * Admissibility date reflects the date the case was officially registered. All other dates pertain to the date in which a stage was completed.

    Case Description

    Between June 2017 and October 2019, the EIB-CM received emails from more than 200 individuals complaining about the implementation of the Resettlement Action Plan (RAP) for the Regional Mombasa Port Access Road project in Kenya.

    The project concerns the rehabilitation of a 41.64 km-long road section, 40.31 km of which is included in the project.

    The project is divided into two lots:  Lot 1, financed by African Development Bank (AfDB) and the Government of Kenya and governed by the AfDB’s social safeguard policies  – currently under implementation; and Lot 2, co-financed by KfW and the EIB – construction not yet commenced – and governed by the EIB Social and Environmental Standards. Mirroring the fact that both Lot 1 and 2 fall under a single project definition, the lenders agreed with the promoter to issue a single RAP. The implementation will follow the respective lenders’ standards in each lot, to encourage equivalent resettlement impact management measures across the two lots.

    The EIB-CM grouped the different allegations into the following categories: failure to compensate Project-Affected Persons (PAPs) promptly for affected assets; inability to detail compensation awards reflecting the full replacement cost; failure to cover all PAPs in the project corridor and avoid forced eviction; failure to conduct a transparent and inclusive stakeholder engagement process throughout all phases of the project and provide a functioning grievance mechanism.

    Based on the EIB-CM inquiry, it could be concluded that all parties agreed that there are shortcomings in the implementation of the resettlement process. The EIB-CM notes that the promoter, supported by the EIB operational services and the other lenders, is putting in place considerable efforts to address these challenges. In order to ensure the compliance of Lot 2 with EIB standards, the EIB-CM, the EIB operational services, the promoter and the Kenya National Land Commission agreed on an action plan including monitoring for Lot 1 and concrete steps to be taken for Lot 2. The EIB services will continue to cooperate with the other lenders and the promoter to address the current issues in Lot 1 and to avoid the likelihood of repetition when construction works start in Lot 2.

    The EIB-CM will monitor the implementation of the action plan together with the EIB operational services until all pending issues for Lot 2 have been resolved.