THE KENYA POWER AND

LIGHTING CO. LTD

WAYLEAVES FOR TRAINEE
DESIGN ENGINEERS.

To introduce Design Engineers to
the different aspects of wayleaves
as it relates to design Power lines.


Wayleaves secton
Headed by the Principal
Wayleaves Officer
He is in charge of the wayleaves
matters in KPLC.
There are wayleaves officers in
various regional offices
There are also field wayleaves
staff and clerks

DEFINITION

A wayleaves is an easement or right-of
way (ROW) granted by one person to
another to facilitate access or passage of
a utility. A ROW could be for the purpose
of laying;

a foot path/road,
water mains
sewers lines,
an oil pipeline,
electric power lines.









OBTAINING WAYLEAVES
KPLC's Wayleaves section is charged with the
onus of seeking wayleaves -ROWs (Rights of
way) for the company.
Consents are sought from private landowners
where our proposals affect the their properties
in one way or another.
Public approvals are sought from public
institutions Where the power line is designed to
traverse land under their jurisdiction or where
the power line might affect their day to day
operation e g ;.

4Telkom (k) Ltd.
4 Kenya Pipeline
4. Kenya Airports Authority
4 Local authorities eg NCC
4 commissioner of Lands
4 Kenya Railways,,.




Wayleaves activities

Acquisition of Maps/plans
Acquisition of wayleaves consents
and approvals.
Wayleaves records
Property damage and
compensation
Land loss compensation
Infringements
Tree Cutting - Trace clearance
other items
Wayleaves traces
Wayleaves rights
. Legislations
Acquisition of Maps.
Design Engineer proposes route
on a topo map.
Wayleaves Office uses the topo to
acquire cadastral plans, road
Maps, Survey plans etc.
The plans assist the Surveyor and
the Design Engineer to map the
line with minimum destruction to
property and disturbance/nuisance
to its neighbours.

Acqusition of Wayleaves
consents and approvals
Marked maps showing the route of the
powerline passed to wayleaves.
sections to seek consents and approvals.

( a) Consents
p Agreements are drawn on specific forms.
p List of affected land owners is made
p Searches (or title inspections) carried out at
the relevant land office
p Where the particular land is registered.
Cont.
p Field Wayleaves officer seek out the land
owners.
Public approvals
Public approvals are sought where public land
is affected or other service providers might be
affected by our operations I.e laying of the
powerline
Two sets of drawings are coloured showing
proposed route.
A letter is drawn seeking a ``no objection``
and approval for the proposal
CONT.
letters and drawings are delivered
to the authority concerned.
Drawings are stamped and signed
approved with covering letter.
When an objection is raised and a
suggestion made, the line is re-
designed to adhere to
their proposal.


Wayleaves Rights
The grantor (landowner) as a
beneficial owner of the servient
land grants to the grantee
successors in Title the rights to:-
Lay
Construct
Use
Inspect
Maintain
Repair
Replace
Remove
Transportation and storage of
material connected with the exercise
and performance of functions of the
service provided over the trace at
any time of the day or night, with or
without vehicles, machinery etc. This
also goes for his officers,
consultants, contractors and other
agents.
cont..
Wayleaves Trace -
power line corridor

A wayleaves trace is the power line
corridor from the centre of the
power line to some defined
distance on both sides of the line
depending on the voltage of the
power line. A wayleaves trace is
set aside to reduce the risk to
human life in case the lines were to
collapse or grant ready access to
the power lines to disconnect the
supply in cases of emergencies
such as fire or normal maintenance


11/33 KV single circuit - 10m

66KV single circuit - 10m

132KV single circuit - 30m

220 KV d/ circuit on single structure - 40m

66KV double circuit on single tower - 20m

132 KV d/ circuit on single tower -
40m

220 KV d/ circuit on single tower - 40m

66 KV two circuits running in parallel - 30m


220 KV two circuit running in parallel - 60m

132 KV two circuit running in parallel - 60m
Various Wayleaves
Traces
Legislations

Wayleaves Act (cap 292).
The act deals with wayleaves acquisition for
sewers, drains, pipelines and Oil Pipelines.
Wayleaves for power is outside the scope of this
legislation.
Electric Power act 1997

O The Act provides that whenever Public Electricity
utility intends to lay a supply line on the land of
another, he should obtain consent from the
landowner before the line is laid/erected.

O The Act also provide for issues of compensation
for properties damaged in the course of laying
the lines.



Other Legislations

Electric Power Act 1997
EMCA Act 1990
Kenya Wildlife (mgt & conservation) Act which
affects business folding under the National Park.
Agriculture Act on Soil Erosion.
Public Health Act.
Forests Act - control of in cutting of trees.
Local Governments act.
Physical Planning act. 1996


Records
Once approvals and consents are
received back in the office they are
numbered and filed
approved plans are numbered,
indexed and filed together with the
covering letters.


Property Damage
Assessment and
Costing
During the Surveying and construction of
powerlines, damages to property in inevitable.
Wayleaves officers are informed when such
damages are occasioned by the
contractors/surveyors/construction Engineers
who also witness the recording.
Wayleaves field officers record the damages
in the property Damage Report Books which
are serialised.
CONT..
Vegetations above 4metres and the trace
should be cleared. House and huts should also
be cleared or avoided at the design stage.
The property owner acknowledges that the
damages are correctly recorded by signing the
PDR.
When cleared, the books are forwarded to the
office where they are costed.
The rates for compensation are already in
place.
CONT...
Once costed by the clerks, the
wayleaves officer confirms the
accuracy.
The costed forms and property
damage report forms are then
attached together with a summary
which are circulated for approval.

Compensation
Property compensation payments are done at the
nearest Chiefs Office.

Each individual is informed at least 7 days before
pay day.

Dues are received and witnessed by the Provincial
Administration.

Wayleaves officers endorses and a representative
of the company.
cont..
A paying officer from the Financial
Department handles the cash.

The property owner is given a copy of the
payment voucher showing how the
calculations were arrived at.

The wayleaves officer and the paying
officer each also keeps a copy.

-
Land Loss
Compensation
undertaken where transmission lines
are concerned
The trace is compensated for as it:

4 Takes quite a sizable chunk of land.
4 It is of no immediate benefit to the
landowner unlike distribution lines.
- CONT..
4 The lines reduce the value of land.
4 No easy to manourve in rout selection.
EIA reports are carried out to conform
with the EMCA Act.
Negotiations are dividual based based -
No land owner is affected similar to
another..
Compensation paid will depend on:--
- Land value (best Market Value)
- Land user - eg. agricultural vs resident
- Population density.

-CONT
4 How land is affected in relation to
powerline.
4Total acreage of individual parcel.
4Inconvenience caused
among other factors.

After compensation, an easement is
registered for the powerline Trace.

Wayleaves Trace
Infringements
It is the encroachment on power line
corridor.
It covers a specific width depending on the
voltage of the line.
These are situation where structures,
trees,dumping of soils infringe into power
lines Trace.
cont...
Power lines infringements are covered by
the Electric Power Act, 1997 55, Sub-
Section 3 and the Electric Power
(Overhead Lines) Rules, Section 24
(Revised 1986).
Those found liable of wayleaves
infringements are not only endangering
their lives but may also face prosecution for
trespass, invasion, intrusion or
encroachment into the wayleaves trace.
Infringements are noted and reported by:
cont...
p Maintenance teams
p Wayleaves staff while on routine duties.
p Members of the Public.
Wayleaves infringements compromise the
efficiency of the power facility by:-
Interrupting supply e.g when tree branches come
into contact with conductors.
In case ofemergency, they also hinder access
Tower foundations give in and power pylons falls.

cont...
Once reports are received, warning notice
are issued to infringing parties of the
dangers involved and its effects.
If those warned persist, the matter is passed
to the local authority and the provincial
administrations.
If no action is handed over to our legal
Department for action.

Tree cutting
Where powerline exist, trees
obstructing or interfering with
powerlines have to be lopped on
the wayleaves traces. Signed
consent by landowner is necessary
where trees are cut outside the
wayleaves trace and landowner is
entitled to claim compensation
(once).
cont...
In law, a 21 day notice should be
given to the property owner whose
trees are to be lopped from the
wayleaves trace. In the absent of
owner/tenant, a notice be served to
the last known address before the
company undertakes to fell or chop
the trees.

wayleaves
overlooked - Real
incidences.

Kangonde - Kitui Road
p - Wayleaves approval not sought.
p - Required to remove and
reposition the line.
Usenge Market - Bondo
+- Market plans not requested
for.
+- Line built over small plots .

cont..
@ line had to be repositioned to plot
boundaries and road reserve.

Kawaida 11KV interconnector from
Cianda Substation to Kibubuti.
Wayleaves never requested.
Surveyors assumed one coffee
plantation.
Eventually found to be 1/8 and 1/4 of
acre allocated to individuals when the
line was already up

Lesson
A design Engineer is the cornerstone for
appealing and well proper laid power lines.
O Building a power line without wayleaves is
tantamount to building an illegal line.
OThe are bound to be challenged for removal one
time or another.
O Design Engineer should use proper maps and
plans.
O Confirm wayleaves consents and approvals are
acquired before a job is released to construction.
cont..
Ensure you have requested for latest
maps/plans before embarking on.
Make sure you design have reached
wayleaves for acquisitions.
Strip plans - plans which do not show
land demarcations are of no value for
wayleaves acquisition.
where you see a questionable power
line - blame the design.


cont.....
In cases where plans are not
available in the survey offices,
wayleaves office to be
requested to trace the same
from adjudication offices to
facilitate design
Ensure wayleaves consents and
approvals are sought before line
is released to construction. It is
your baby.
Involve wayleaves staff as much
as possible in your designs eg in
route selection




THAT`S ALL FOLKS