Urban Planning Nairobi Zones 3,4,5

Land Use Study and Policy Plan for the Old City/Western Areas of Nairobi
Draft Report
For Director of City Planning Department City Council of Nairobi P.O. Box 30075-00100 Nairobi
By International Project Planning & Management Consultants P.O. Box 43657-00100 Nairobi jmanasseh@hotmail.com
December, 2011
land use study and policy plan for Zones 3,4 & 5 of nairobi. IPPM Consultants Ltd
EXECUTIVE SUMMARY
The City Council of Nairobi (The Client) is mandated under the Physical Planning Act (Cap 286) of the Laws of Kenya to control development within its area of jurisdiction. Development control ensures that development applications comply with policy guidelines, planning regulations, standards, approved development plans and Local Authority by-laws among other statutes. Notwithstanding the availability of these development control measures, Old City/Western areas of Nairobi have consistently experienced unprecedented growth some of which are incongruent to the laid down regulations. Some of these problems include incongruous development, inadequate infrastructure for instance shortages of water supply, blockage of sewerage systems, power shortages, and population pressure on social services such as schools, health and recreational facilities are common experiences. This has led to property values dropping due to overdevelopment and disruptive poor urban design of new structures, environmental degradation including loss of vegetation, encroachment on riparian reserves, altering and interference with river courses, increasing surface run-off and pollution of water sources. Part of the problem has been institutional. Such that planning and development control implementation has not always been rigorous, public participation has also not been seriously espoused; lack of effective management of financial and other resources available within the City Council; and inadequate efforts have been made to attract local and foreign capital. With this background, the CCN commissioned a study through the services of International Project Planning and Management Consultants Ltd (IPPM) to undertake a comprehensive Land Use studies and Policy formulation to guide future development of this area. The overall goal of the consultancy was to generate adequate knowledge concerning the urban change processes in the study area and their implications for the city planning and sustainable urban development. The knowledge gained was expected to form the basis for preparation of a responsive and realistic land use policy plan as a framework for guiding urban development. This report is in five parts. Part one presents the conceptual background of the study followed by highlights the historical (spatial) development of Nairobi in part two. Part three presents sectoral situational analysis of the study while part four runs through the various sectoral proposals including Local Economic Development Strategy, Financial and Investment Management Plan, Water and Sanitation Strategy, Institutional structures for the implementation of the proposed Physical Development Plan, Social Development Strategy, Environmental Management Strategy, Transportation sector and the Planning area growth nodes. The last part - part five - presents the various zonal proposals with regard to various development standards.
ii
Table of Contents
EXECUTIVE SUMMARY ................................................................................................. ii LIST OF ACRONYMS ...................................................................................................... vi LIST OF TABLES ............................................................................................................ vii LIST OF FIGURES ......................................................................................................... viii LIST OF MAPS.................................................................................................................. ix PART ONE: BACKGROUND TO THE STUDY .............................................................. 1 1.1 Institutional Context ..................................................................................................... 1 1.2 Problem Statement ........................................................................................................ 1 1.3 Objectives of the Study.................................................................................................. 4 1.4 Methodology .................................................................................................................. 4 1.5 Deliverables of the Study............................................................................................... 5 PART TWO: THE HISTORY OF SPATIAL GROWTH AND DEVELOPMENT OF NAIROBI............................................................................................................................. 6 2.1 The Origins of the City & Spatial Development in Perspective................................... 6 2.1.1 Pre-railway Period ................................................................................................... 6 2.1.2 The Railway Period .................................................................................................. 6 2.1.3 Local Government .................................................................................................... 8 2.1.4 Land Use Pattern.................................................................................................... 10 2.1.5 Attainment of city status 1940-1960 ........................................................................ 11 2.2 Institutional Evolution ................................................................................................ 12 PART THREE: THE PLANNING AREA & SECTORAL ANALYSIS ........................ 18 3.1 The Planning Area in Context .................................................................................... 18 3.1.1 The Planning Area in Local Context ....................................................................... 18 3.1.2 Zonal Ordinances and Development Control for Zones 3, 4 & 5 ............................. 19 3.2 Population Characteristics and Social Profile ............................................................ 20 3.2.1 Population Size and Growth Rate ........................................................................... 20 3.2.2 The Social Sector .................................................................................................... 26 3.3 Environment Sector .................................................................................................... 32 3.3.1 Baseline Environmental Conditions ........................................................................ 32 3.3.2 Identified environmentally sensitive areas with proposed protection mechanism ..... 33 3.3.3 The Historical Development ................................................................................... 44 3.3.4 Utilities in the Study Area ....................................................................................... 46 3.4 Economic Sector .......................................................................................................... 50 3.4.1 Overview ................................................................................................................ 50 3.4.2 Economic contributions of Cities to National Development ..................................... 51 3.4.3 Favourable Factors ................................................................................................ 52 3.4.3 Economic Base of the City of Nairobi ..................................................................... 52 3.4.5 Distribution of Wage employment/Income Categories ............................................. 53 3.4.6 Building and Construction Sector ........................................................................... 54 iii
3.4.7 Investment Finance ................................................................................................. 55 3.4.8 Distribution of Existing Economic Zones or Employment Zones ............................. 56 3.4.9 Analysis .................................................................................................................. 57 3.4.10 Challenges ............................................................................................................ 59 3.5 Finance and Investment .............................................................................................. 60 3.5.1 Overview ................................................................................................................ 60 3.5.2 Intergovernmental Fiscal Transfers ........................................................................ 61 3.5.3 Ranking of Revenue Sources ................................................................................... 62 3.5.4 Property taxes and Geo-referenced data base ......................................................... 63 3.5.5 Single Business Permits .......................................................................................... 64 3.5.6 User Charges ......................................................................................................... 65 3.5.7 Pricing of Urban Services ....................................................................................... 66 3.5.8 Public Private Partnerships (PPPs) and Privatization ............................................ 67 3.5.9 Expenditure levels and trend................................................................................... 67 3.5.10 Capital Expenditure on LASDAP Activities ........................................................... 69 3.5.11 Budgeting and Budgetary Control......................................................................... 69 3.5.12 Financial Records and Reports ............................................................................. 72 3.5.13 Performance Contracts ......................................................................................... 73 3.6 Land Values ................................................................................................................. 74 3.6.1 Overview ................................................................................................................ 74 3.6.2 Land Use Planning ................................................................................................. 74 3.7 Transportation Sector ................................................................................................. 79 3.7.1 Background Information ......................................................................................... 79 3.7.2 Institutional Context ............................................................................................... 81 3.7.3 Justification Why this Area Requires a new Transportation Strategy....................... 82 3.7.4 The Historical Development of Transportation Sector in Nairobi and The Study Area ........................................................................................................................................ 84 3.7.5 The Planning Area in Context ................................................................................. 88 3.7.6 Spatial Analysis of Transportation System of the Planning Area ............................. 91 3.7.7 Trip Generation in the Planning Area in the City Context ....................................... 94 3.7.7 Land Use Changes and Implication on Trip Generation ......................................... 96 3.7.8 Modal Split and Its Implication............................................................................... 97 3.7.9 Secondary and Neighbourhood Commercial Centres ............................................ 101 3.8 Water and Sanitation Service Provision ................................................................... 102 3.8.1 Water Supply ........................................................................................................ 102 3.8.2 Sanitation Provision ............................................................................................. 105 3.8.3 Stormwater Drainage ........................................................................................... 109 3.8.4 Solid Waste Management...................................................................................... 113 3.9 Housing Sector........................................................................................................... 117 3.9.1 The Planning Policy ............................................................................................. 117 3.9.2 Zoning Regulations ............................................................................................... 118 3.9.3 Development Issues .............................................................................................. 118 3.10 Growth Trends ........................................................................................................ 122 3.10.1 Analysis of Planning Zone 3 ............................................................................... 122 3.10.2 Analysis of Planning Zone 4 ............................................................................... 122 3.10.3 Analysis of Planning Zone 5 ............................................................................... 124 3.10.4 Development Constraints and Challenges in the Planning Zones ........................ 124 iv
3.11 Institutional and Capacity Building........................................................................ 131 3.11.1 Overview ............................................................................................................ 131 3.11.2 Institutional Framework ..................................................................................... 132 3.11.3 Human Resource Capacity.................................................................................. 135 3.11.4 Opportunities and Constraints ............................................................................ 136 3.11.5 Urban Management Issues.................................................................................. 138 PART FOUR: PROPOSALS .......................................................................................... 142 4.1 Social Development Strategy .................................................................................... 142 4.1.1 Educational Facilities ........................................................................................... 142 4.1.2 Health Facilities ................................................................................................... 144 4.1.3 Community and Social Amenities .......................................................................... 146 4.2 Environmental Management Strategy...................................................................... 148 4.2.1 Riparian ............................................................................................................... 148 4.2.2 Green Public Space .............................................................................................. 149 4.2.3 The General Environmental Management Plan (EMP) ......................................... 151 4.3 Local Economic Development Strategy .................................................................... 159 4.4 Financial and Investment Management Plan ........................................................... 163 4.5 Transportation Sector ............................................................................................... 171 4.7 Water and Sanitation Strategy ................................................................................. 174 4.7.1 Water Supply Strategy .......................................................................................... 175 4.7.2 Wastewater Strategy ............................................................................................. 179 4.7.3 Storm water Strategy ............................................................................................ 182 4.7.4 Solid Waste Management Strategy ........................................................................ 185 4.8 Growth Nodes ............................................................................................................ 187 4.9 Institutional Structures for the Implementation of the Proposed Physical Development Plan ........................................................................................................... 189 4.9.1 Institutional Re-alignment .................................................................................... 189 4.9.2 Human Resource Capacity Building ..................................................................... 191 4.9.3 Urban Management Strategy for Planning and Development Control ................... 196 PART FIVE: PROPOSED ZONAL SPATIAL POLICY FRAMEWORK .................. 211 REFERENCES ................................................................................................................ 216
LIST OF ACRONYMS
ALGAK CILOR ERS GoK HIV-AIDS KENAO KLGRP KSH LA(s) LADP LAIFORMS LASDAP LATF The Act MoLG MOF NGOs NHC PPOA PRSP REP RMLF UDD VR
Association of Local Government Authorities of Kenya Contributions in Lieu of Rates Economic Recovery Strategy Government of Kenya Human Immuno-deficiency Virus and Acquired Immunity Deficiency Syndrome Kenya National Audit Office Kenya Local Government Reform Programme Kenya Shilling Local Authority (ies) Local Authority Development Programme Local Authority Integrated Financial Operational and Management System Local Authority Service Delivery Action Plan Local Authority Transfer Fund Local Government Act, Cap 265 Minister for Local Government Ministry of Finance Non-Governmental Organization(s) National Housing Corporation Public Procurement Oversight Authority Poverty Reduction Strategy Paper Revenue Enhancement Plan Road Maintenance Levy Fund Urban Development Department Valuation Roll
vi
LIST OF TABLES
vii
LIST OF FIGURES
viii
LIST OF MAPS
ix
PART ONE: BACKGROUND TO THE STUDY

1.1 Institutional Context Nairobi has grown in space through time since the arrival of the Kenya-Uganda railway in 1899. Before the arrival of the railway, the British Government chose Nairobi the railway town and prepared the first plan for the town. The population and size of the town grew dramatically during the colonial period between 1900 and 1963. The land area of the town was approximately 18km2 in 1900, and expanded to 25km2 in 1920, and 83km2 in 1927 respectively. Further expansion at independence in 1963, brought the total land area to the current 690km2. Similarly, the population grew from 11,512 people in 1906 to 118,976 people in 1948, and rose to 266,795 people in 1962, just before independence. In 1927, the colonial administration made a plan for a settler capital with the main guiding concepts being extensive traffic regularization to match the increased land area, drainage and swamp clearance, building and density regulation. The plan was also based on racial and class segregation. In 1948 a master plan for the colonial capital was prepared, also based on segregation by race and class. The main spatial structure of the plan was the establishment of neighbourhood units for the working classes, which was segregated for purposes of surveillance and dominance. The 1927 and 1948 plans were however never fully implemented (realized), as the amount of capital outlay required for their implementation was never allocated. In 1973, the Metropolitan Growth Strategy was prepared by the Nairobi Urban Study Group and funded by the Nairobi City Council, the Kenya Government, the World Bank and the United Nations. The Metropolitan Growth Strategy was a tool for state intervention and it supported the interests of the hegemonic class alliance of the local rich elites and the multinational corporations. The metropolitan growth strategy was however never realized because it was meant to be financed by private capital which could not be guaranteed or coordinated. In the light of the above, it has been noted that the City of Nairobi is experiencing rapid transformation resulting into many challenges such as unplanned urban growth, inadequate infrastructure, deterioration of the urban form and incidents of urban poverty. This phenomenon has developed despite the 1973 Metropolitan Growth Strategy which not only expired in the year 2000, but was never fully implemented for lack of necessary political will, commitment and inadequate resources. 1.2 Problem Statement In the Old City western areas of Nairobi that are also the subject of the proposed study are facing a lot of challenges resulting from a faster rate of development than the official planning intervention. 1
Instead of development being infrastructure-driven, it has been demand-driven. Housing, commercial and office development have therefore proceeded without upgradation of infrastructure such as water supply, expanded sewerage reticulation, expanded road capacity, let alone provision of pedestrian walkways, cyclist routes and provision of street lights. Social services have also lagged behind rapid population increase. The increased population in Zones 3, 4 & 5 accommodated in the housing, commercial and office developments has not been adequately provided with a commensurate increase in the community facilities and services. These include recreation facilities (such as public open spaces, playgrounds and sports facilities), education and health facilities, social and community halls, religious facilities, homes for special needs, police stations, post offices, administration facilities and cemeteries. The inadequacy of these facilities has led to unplanned and spontaneous change of use of other properties to accommodate these deserving community facilities and services. Major commercial and office developments which generate huge traffic volumes along arterial routes have been haphazardly located within the general area thus resulting in traffic congestion and other inconveniences such as inadequate parking, blockage of access to individual housing, noise and air pollution, antisocial habits such as insecurity, crime and prostitution. The development of high-rise residential, commercial and office developments results in lack of privacy where these overlook low density low-rise housing. Ribbon development is also common along main arteries such as Ngong Road, Waiyaki Way, Langata Road. The Nairobi Hill area and Westlands have increasingly grown into alternative central business areas of Nairobi without the necessary infrastructural reconfiguration. Ngong Road, Lenana and Argwings Kodhek Roads are rapidly growing into lineal office parks/commercial zones with intermittent nodal and nucleic hubs of shopping malls. Kileleshwa is rapidly growing into a high density middle class residential neighborhood without the attendant infrastructural upgrading. In general, it was noted that; The inadequacy of provision of infrastructure in the extended areas of the city has led to increased pressure for redevelopment in the proposed planning areas. This redevelopment is taking place in some areas without adequate infrastructure and services. Shortages of water supply, blockage of sewerage systems, power shortages, and population pressure on social services such as schools, health and recreational facilities are common experiences. This situation is unsustainable. There is therefore need for Nairobi City Council to take stock of the prevailing situation, identify the resultant problems and formulate appropriate policies and strategies to ensure rational land uses and provide the necessary levels of infrastructure and services for sustainable urban livelihoods. It is in light of this that the Council has sought the 2
assistance of consultancy services in carrying out the necessary land use studies and formulation of suitable policies and strategies. In some instances, property values have dropped due to overdevelopment and disruptive poor urban design of new structures although it is also true to say that in some cases recent trends indicate overpricing of land for development due to speculation and influx of foreign money. In addition the scarcity of serviced land has contributed to the high value of properties in this area. The current value land per acre is very high and this has compelled developers to seek for over-maximization of development beyond the permissible ground and plot coverage, which propels the land values even higher. The environment has also been adversely affected calling for rigorous environmental policing by National Environmental Management Authority (NEMA) and other lead agencies. The concerns are not only loss of vegetation but also encroachment on riparian reserves, altering and interference with river courses, increasing surface runoff and pollution of water sources. NEMA currently requires individual developers to prepare Environmental Impact Assessment (EIA) reports for their developments. However a comprehensive EIA report for the entire zones 3, 4 and 5 is necessary as a reference and advisory document more particularly with a complete and detailed environmental management plan for the whole area. Part of the problem has been institutional. Such that planning and development control implementation has not always been rigorous, public participation has also not been seriously espoused. Opportunities exist for improvement in the legal framework as well as capitalizing on existence of residents associations. Lack of effective management of financial and other resources available within the City Council has been a major constraint on investment in infrastructure. Inadequate efforts have been made to attract local and foreign capital which could be harvested through contributions from developers, through public private participation, floating of development bonds, soft loans and grants improved basis of rating. The concerns are not only loss of vegetation but also encroachment on riparian reserves, altering and interference with river courses, increasing surface run-off and pollution of water sources. Opportunities for Harmonious Development a. The area is endowed with good physical and climatic environment conducive for human settlement (well drained red volcanic soils, supporting a variety of tree vegetation, varied relief and mild climate, many rivers ideal for riparian recreational facilities). High quality developments in this area will of necessity attract high values and prices.
b. The opportunity for effective development control based on appropriate zoning guidelines and building by-laws to ensure harmonious civic design character. c. There is opportunity to develop sub-centres thus relieving pressure on the Central Business District (CBD). Gigiri developing into a commercial node would relieve pressure on the CBD and Westlands shopping centres. d. Advantage could be taken of the internationalization of this district (diplomatic missions, UN etc) to provide world class infrastructure and accommodation, educational, health and recreational facilities (ecotourism in Karura forest) to attract international investment. e. The proposed diplomatic enclave by Nairobi Metro 2030 is an appropriate policy for these areas. 1.3 Objectives of the Study The overall goal of the consultancy was to generate adequate knowledge concerning the obtaining urban change processes, in the study area and their implications for city planning and sustainable urban development. This knowledge would culminate into a responsive and realistic land use policy plan as a framework for guiding urban development in the area. Sub-objectives The specific objectives of the study included the following; Preparation of a comprehensive and environmentally friendly Local Physical Development Plan for Zones 3, 4 and 5. Preparation of a situational analysis report highlighting existing land use, infrastructure, urban form, the underlying socio-economic factors, problems and issues. Examine traffic management problems and prepare appropriate traffic management plan for the area. Prepare an implementation plan presumably with identification of possible funding sources.
1.4 Methodology Traditional planning approaches, such as master plans, structure plans have been found inadequate in that they are predominantly physical and do not reflect the socio-economic realities of modern society. The current trend is therefore towards strategic planning which is a result oriented approach integrating the physical development with the felt economic, infrastructural, social, and environmental needs of the community. The conceptual frame-work that guided the process of preparing the Local Physical Development Plan for the study area included the following fundamental components: 4
a) Preliminary vision development and diagnosis as dictated by the aspirations/goals of the population these were developed through participatory processes between the Planning Team, the client and other stakeholders. b) A critical analysis of the Planning and Institutional Context as a basis for the preparation and implementation of the Plan. c) A critical analysis of the Existing Spatial Structure (character of urban space), outlining the key problems, challenges and potentials. The established key thematic layers formed the basis for data collection and analysis. This provided a clear picture of the existing spatial structure. d) A more detailed examination and analysis of the Existing Spatial Structure , which was further informed by the outputs of sectoral and detailed design and spatial studies. e) Proposals were derived from the analysis and interpretation of all three sectors; namely, sectoral studies, design studies and the Existing Spatial Structure. f) Visions and concepts were confirmed and reviewed using the outputs of the studies in line with the proposals. 1.5 Deliverables of the Study The study endeavored to deliver the following outputs Local Economic Development Strategy Report on the Influence of land values on planning and implementation of local physical development plan Financial and Investment Management Plan Water and Sanitation Strategy Institutional Structures for the implementation of the proposed physical development plan Social Development Strategy Environmental Management Strategy Urban Management Strategy for planning and development control Housing Strategy Transportation Sector Strategy Up-to-date Geographic Information System (GIS) Base Map Local Physical Development Plan
PART TWO: THE HISTORY OF SPATIAL GROWTH AND DEVELOPMENT OF NAIROBI

2.1 The Origins of the City & Spatial Development in Perspective 2.1.1 Pre-railway Period Historical sources show that the Arab Karavan trading routes, which traversed the area of Nairobi city, led to the development of an early village settlement around Pangani in 1890. This settlement became a lodging centre for porters and a thriving market, settled permanently by the Kikuyu people from the surrounding areas. This was also followed in 1896 by the establishment of the sat Ellis camp or depot in Ngara nears the present Jamhuri high school. The Ngara-Pangani area was considered a better site for the nucleated urban growth activities because of its location on a well-drained ridge than the grassy plains south of the swamp along Nairobi River. The village settlement at Pangani continued to thrive and its inhabitants became more heterogeneous in ethnic composition as the Sudanese and the Swahili porters from the coast and other immigrants settled there. This village was later demolished by the government in the 1930s to give way for an Asian residential area following the introduction of the racial segregation policy in residential zoning in Nairobi. The Ellis depot was essentially established as a transport depot with stores and stables for oxen and mules. This was in preparation for the establishment of the railway station for the Uganda railway then under construction. Later this site became the centre for government offices, and a shopping centre in Ngara area of the city. The government offices later in 1900 moved to a site along the government road near the present central police station. 2.1.2 The Railway Period The railway reached Nairobi by 1899. The headquarters of the railway company was therefore established in Nairobi. A railway station a workshop and yards were built together with accommodation for the manual and low-grade employees on the flat stretch of land adjoining the western edge of the Athi plains near the site of what was called Martins camp south of the swamp. The higher grade employees were accommodated on the cooler hill areas formed by the foothills of the Kikuyu plateau. The establishment of the railway station and administration to Nairobi was immediately followed by the transfer of the provincial administration headquarters, from Machakos to Nairobi as well, in order to be on the railway line. Nairobi therefore became both a railway and administrative centre.
Soon, however, these core functions attracted the traders and workmen. Both an Indian and European commercial concerns were established around the emerging town centre close to the railway station and offices. The growth of indigenous labor also grew steadily as the town expanded. In 1905, Nairobi became the national capital when the protectorate commissioner transferred his base from Mombasa to Nairobi. Thus, as the railway capital and the administrative capital, Nairobi was clearly assured of further growth and expansion. By 1906 the town had the following distinct areas of development: 1. The railway centre 2. The Indian Bazaar 3. The European business and administrative centre. 4. The railway quarters. 5. The Dhobi or washermen quarters 6. The European residential suburbs 7. The military barracks outside the town. From the above analysis it may be observed that Nairobi city originated from the development of the three centres of growth namely, the Pangani African village settlement, the sergeant Ellis depot at Ngara and Martins camp around the railway station on the south of the Nairobi river swamp. The railway station on the Athi plains south of the Nairobi river swamp, however, provided the most attractive pull of development around itself as an important point of access and terminal for traffic from different directions. This therefore formed the eventual functional centre of the new towns growth and development. The key factors influencing the origin and development of Nairobi city at this point can therefore be identified as topographical and drainage initially. These accounted for the initial alignment and choice of caravan routes mainly favoring the higher ridges with well drained soils and cooler and healthier climate in Pangani and Ngara areas. These however avoided the lower Athi plains with difficult and poorly drained black cotton soils as well as the swamp along the Nairobi River with its associated poor health conditions. Alternatively the relatively flat topography of the Athi plains to the south of the swamp attracted the siting of the railway station and the related functional facilities. But the introduction of the railway line and the station terminus on the plains, providing a more superior form of transportation to the caravan routes and point of traffic access and terminus, this factor of transport finally opened up the area for more extensive urban growth and development. It is important to note that the factors of altitude and climate also were important in the growth and expansion of Nairobi. The site of the new town marked a significant break in the attitude from the lower Athi plains to the higher and cooler plateau to the north and North West of the town. This also marked a major ecological boundary between the savannah grassy plains and the forested foothills of the Aberdare highlands. 7
These factors provided a highly acceptable cool climating condition for European settlement. The seviour European officers of both the Railway Company and the government were normally accommodated on the higher foothills to the north and north-west of the new town. The hill areas were also underlain with good red soils suitable for building development and were well drained. 2.1.3 Local Government As noted earlier the railhead reached Nairobi in 1899 and later the same year, the railway headquarters was moved to Nairobi from Mombasa. The provincial government for Ukamba province was also transferred from Machakos to Nairobi in order to be on the railway line. Much later even the protectorate headquarters was transferred from Mombasa to Nairobi as well. Initially the railway company had administrative control of development in the new town. But the arrival of the central government administration provided a second authority in the management of development in the town. The freedom of action of the railway company particularly in matters of land therefore became restricted. There was however, clear disparity between the apparatus of the government administration. The railway had large funds at its disposal with a highly developed technical and administrative staff. In contrast the government administration had few staff who were poorly accommodated. The tension and confusion arising from the unspecified control divided between the railway and government authorities made it urgently necessary to establish a local authority to administer the development activities in the town. In 1900 the Nairobi municipal regulations were published and the town was defined as that area within a radius of 1 miles from the office of the sub-commissioner in Ukamba. In 1901 a municipal committee was established to administer the towns development. The composition of the municipal committee was varied from time to time to reflect the interest groups in the town community. By 1919 Nairobi was declared a municipality with a municipal corporation and the number of councillors was fixed at 16. This was however enlarged to 19 councillors in 1928 to include 9 European elected members, 7 Indian elected members, 2 government nominated members and 1 administrative officer of the Nairobi district to safeguard native interests. The council had financial autonomy. In 1928 the boundaries of the Nairobi municipality was extended to include the suburban areas such as Muthaiga, which had been proclaimed a township in 1922. The same year 1926, Nairobi got its first plan and zoning arrangements. From 1928 to 1963, the boundary of the municipality remained the same. During this period, however more peri-urban low density residential areas developed. The lack of universal land use control enabled people to engage in buying land outside the municipal areas for pure speculative purposes. 8
From the beginning there had been lack of supervisory control of land use. This caused by the duality of control (railway administration and government), later there was general love for private land ownership for pure speculative purposes, and finally there was lack of financial resources and of technical ability. There was also the general lack of planned development mainly due to the over centralization of urban administration in the hands of the local commissioner without granting significant powers to the municipal authority to plan and control development. Kingoriah (1980) observes that since 1901 land speculation around Nairobi increased, especially with the constant speculation about the towns relocation. Although the question of the re-location of the town had been abandoned by 1908, it was expected that the town would continue to grow in importance especially after its declaration in 1907 as the protectorates headquarters. The main private estates within the vicinity of the Nairobi township by this time were: 1. Muthaiga 2. Westlands, upper Parklands and Marlborough estates (all owned by a syndicate) 3. Upper Hill estate 4. Kilimani 5. Thomsons estate. There were also several farms and undeveloped lands held by private individuals which were not yet subdivided. Such as the one held by the French mission in Lavington area. All these were owned by Europeans and when sub-divided they were occupied by the high income population of the town who were mainly European. Around 1902-1906 the site of the town of Nairobi was considered unsuitable for urban development owing to; a) The swampy conditions along the Nairobi River. b) Soils on the lower plains were poorly drained black cotton soils proved difficult for building and for urban development. It was preferred to relocate the town to the higher plateau areas to the north and northwest of the town with well-drained red soils, cooler and more suitable for European settlement. The idea of re-location of the town was eventually abandoned in view of the fact that it was too late to change the location of the town. The spatial pattern of development by 1906 was essentially scattered as a result of spontaneous growth. There was no town plan development control was therefore very weak and ineffective owing to; The duality of control between the Railway and the Government 9
Poor financial resource capacity Poor technical personnel capacity Speculative hopes and expectations related to the prospects of relocation of private land purchase and sub-division of land in the peri-urban areas and establishment of private farms and residential estates.
2.1.4 Land Use Pattern As noted earlier, at the beginning of the railway settlement in Nairobi, the Railway Authority had overall authority in the allocation and control of land and land use. The relocation of the Government headquarters from Mombasa and Machakos to Nairobi respectively, however, saw the transfer of this power to the government administration. By 1906 therefore the government was responsible for the functional zoning of land use in the township. In this process the government was guided by its racially motivated land alienation policies. The main functional land use zones at that time were; a) The European Business and Administrative centre b) The Indian Bazaar c) The Railway Centre d) The Ngara area e) The European suburbs In the suburbs of Nairobi, especially in the hill areas, land speculation was high especially of the town. Even after this relocation idea was abandoned by 1908, it was evident then that the town would continue to grow its immediate neighborhoods land sub-division and acquisition by private developers increased and mainly put to residential use. Most of the development was low density and high income residential estates. The main estates in the immediate vicinity of the township were; Muthaiga, Westlands, Upper Parklands, Malborough Estate, Upper Hill Estate, Kilimani and Thomsons Estate, majority of which were owned by private syndicates. Other farms and undeveloped lands held by private groups and individuals not subdivided the French mission in the present Lavington area and Chiromo owned by Col. Grogan. All these were owned by Europeans. In 1919 Nairobi became a Municipality with corporate local authority powers. The municipal boundary was re-defined using topographical features. The municipal boundary was adjusted to incorporate lands that lay outside the former circular boundary which happened to be vacant crown lands or those alienated by the government for residential purposes.
10
1928 The jurisdiction of the Nairobi municipality was widened to include the townships of Muthaiga, Eastleigh, and residential estates of Westlands, Malborough, Upper Parklands, upper Hill, Kilimani, Thomsons Estate and the St. Austins Mission. The 1928 ordinance however did not change the land tenure in the hilly area. 2.1.5 Attainment of city status 1940-1960 By 1930, Nairobi became a service centre for a rural and an urban European population in Kenya. The town had superior infrastructural facilities designed to support the growing plantation economy of the country, Nairobi also became recognized as the capital of the East African countries. During the Second World War, Nairobi served as a strategic headquarters of the British forces in East Africa. The economy of the town therefore boomed owing to the presence of a large military population during the war. Eastleigh airport was constructed in 1943. In addition to the Wilson Airport built in 1929. Increase in game viewing by the European soldier population during the Second World War led to the establishment of the National Park to the south of the town. The Second World War also caused more Africans to move into the city. This also coincided with the increase of industrial development and led to a significant rise in the demand for better housing for Africans in Nairobi. The end of war farther saw an increase in the European population hence the rise in the demand for housing for European urbanization and industrialization process thus seemed closely linked in the growth and development of Nairobi leading to adoption for housing for the new African urbanities as a means of stimulating industrial development. Similarly the influx of Europeans during the 1940s led to the increased sub-division of sub-urban farmlands and private homesteads and estates in the upper Nairobi areas. The free-market at the time could not satisfy the increased demand for European housing in the town. In response the government and the municipal council introduced: i. Short-term measures by opening cheap Boarding houses (e.g. Green View Lodge) for Europeans. Long-term measures such as: a. Building Woodley Estate along Ngong Road for Europeans. b. Building new Estates in Eastlands for the African population. iii. Government and the municipal council recognized the need for a physical plan for the town embracing the most up to date planning principles on the lines of the New towns in Britain at that time. This led to the preparation of the master plan of 1948 for Nairobi.
ii.
The master plan outlined the main physical planning guidelines for harmonizing the functional structure of the town. 11
The master plan was made flexible to allow constant revision, amendment and refinement by the resident planners in the process of implementation. It was planned to provide the main framework to guide development in town for 25 years from 1948. All residential areas were layed out in accordance with the Neighbourhood Unit concepts. The town was seen as an attractive service centre for European communities in Africa. Capital investment poured into the town from Europe and led to rapid growth and development evidenced by a rapid increase in the number of motor cars. This led to an increased level of optimism among the civic leaders in Nairobi. In 1950, during the preparation for celebrating the to wns 50th anniversary, it was suggested that the municipality should seek the status of a city. After consultations with the Governor and the British Government, Nairobi was granted a Royal Charter as a city by the British Crown on 30th March, 1950. Among changes introduced were the following: i. ii. iii. iv. v. Increased powers of the city council to raise development funds. Reduced government control Spatial structure remained unchanged Need to increase the building of subsidized rental housing in the city Greater emphasis on the operation of the market process in urban resource allocation. Racial re-arrangement of land ownership in the city mainly through the land use zoning plan. a. Introduction of higher residential densities in the areas occupied Asians e.g. Parklands than the European areas. This led to the flight of Europeans from Parklands in preference for the low density areas occupied by Europeans. 2.2 Institutional Evolution Planning law is anticipated to guide planning practice so that land planning and management which is basically concerned with the practice of forecasting future land use problems and coming up with amicable solutions is concerned in an orderly and pre-determined manner. Planners and policy makers are expected to organize spatial space so as to ensure efficient placement of land use activities, infrastructure and settlement patterns in a sustainable and orderly growth pattern. Currently in Kenya, the preparation and implementation of physical or spatial development plans are coordinated by the Physical Planning Act Cap 286, which came into operation in 1998. Prior to this physical planning was coordinated through the now repealed Town Planning Act Cap 134 and Land Planning Act Cap 303. Planning under these two Acts tended to be urban biased excluding and/or laying less emphasis in the rural areas. The current physical planning laws (The Physical Planning Act) are viewed to be more inclusive of both 12
vi.
urban and rural areas. Needless to emphasise that a holistically well planned society ensures orderly, coordinated and harmonized development which in turn promotes a healthy, safe, functioning society with improved social equity and more sustainable natural resources. In a nutshell efficient planning laws and practice are key to societal welfare improvement, a steady and sustainable development process for the nation at large. The predominant planning law in Kenya is the Physical planning Act of 1996. The Act provides for the preparation and implementation of physical development plans and it also provides guidelines to be used in the preparation of local and regional physical development plans. The Act provides procedures for development control and dispute resolution guidelines which are essential for development control and land management purposes. The Kenyan Constitution which was promulgated in August 2010 also provides guidelines for land planning and management. The Structure of the Physical Planning Act (Cap 286) The Physical Planning Act is structured in Schedules or Parts. The first and second schedule covers matters of physical development plans. The third schedule deals with long term, short term, renewal and re-development plans. The fourth schedule is essentially the P.P.A. 1 which is the application for development permission. The fifth schedule is the P.P.A. 2 which is essentially the notification for approval/ refusal/ deferment of development permission.
Thematically the Physical Planning Act may be summarized into the following activity components and actors:Activity /Component a) Plan Preparation b) Development Control and Management c) Conflict Resolution d) Plan Approval Actor/ Institution Director of Physical Planning Local Authorities Physical Planning Liaison Committee The Minister of Lands
13
Related Statutes The Physical Planning Act like any other legislation does not operate on its own, it interacts and is supported by various other related legislation and statutes that strengthen and improve its efficacy in as much as it does likewise to the other related legislation. Some related statutes include, but are not limited to the following:a) The Physical Planners Registration Act of 1996 This regulates registration and the code of conduct of professional physical planners. b) The Local Government Act Cap 265 Provides for the establishment of local authorities in Kenya. Defines their functions and related matters. Provides a window for the implementation of Part V of the PPA.
c) The Government Land Act Cap 280 Facilitates leasing and disposal of government lands for different purposes.
d) The Land Control Act Cap 302 Provides for transaction in agricultural lands. Regulates minimum levels of sub-division.
e) The Registered Land Act Cap 300 Facilitates registration of title deeds to land owners. Facilitate dealings in land so registered and connected therewith.
f) The Trust Land Act Cap 288 Provides for trust land, its management and disposal.
g) Registration of Titles Act Cap 281 Provides for the transfer of land by registration of titles.
h) The Land Titles Act Cap 282 Provides for removal of doubts that arise in regard to land through Registration Court. i) The Official Secrets Act Cap 187 Act provides for the preservation of state secrets and state security.
j) The Antiquities and Monuments Act Cap 215 Act provides for the preservation of antiquities and monuments.
k) The Public Roads and Roads Access Act Cap 399
14
Act provides for the control and establishment of roads for public travel and access to public roads.
l) The Street Adoption Act Cap 406 Act regulates the construction and improvement of streets in local authoritys areas and also ensures the adoption by certain local authorities of streets of satisfactory standards. Provide for matters connected with the foregoing and incidental thereto.
m) Public Health Act Cap 242 n) Water Act No. 8 of 2002 o) Environmental Management and Coordination Act (EMCA) No. 8 of 1999
15
Development Control Benchmarks Development Plans Building Code
Physical Planning Act Cap 286
Environmental Management & Coordination Act
By-Laws
Local Govt. Act Cap 265
DEVELOPMENT
Local Authorities & govt. policies and regulations
Public Health Act Cap 242
CONTROL
Other Related Statutes
16
All the above together with other factors not listed contribute to the flurry of benchmarks that should ideally come into play in development control. However in the course of evaluating and vetting development applications to ensure compliance with pre-set development Plans, policies, programs and regulations, not all factors tend to be given due consideration by the developers and even planners who are mandated to follow strict procedures. Ignorance of Physical Planning matters have made matters worse, leading to haphazard development by members of the public, resulting in urban sprawl. Instances have been recorded of Local Authorities officials lack of capacit y to or good will to guide development resulting in unsustainable, dangerous and unmanageable human settlements. Loss of life and unsanitary living conditions have been some of the unsavory consequences of improper planning and implementation.
17
PART THREE: THE PLANNING AREA & SECTORAL ANALYSIS

3.1 The Planning Area in Context 3.1.1 The Planning Area in Local Context The old city/western areas of Nairobi cover Zones 3, 4, and 5. The total area of the three zones is approximately 40,000 hectares. Zones 3, 4 and 5 include the following neighbourhoods, namely:
Table.... Neighbourhoods within Zones 3, 4 & 5
Zone Zone 3 Zone 4 Zone 5
Neighborhoods Parklands, City Park Estate and Westlands (includes the Westlands CBD area and the Museum Hill area). Lower Spring Valley, Riverside Drive, Kileleshwa, Kilimani, Thompson and Woodley/Ngong Road Upper Spring Valley, Kyuna, Loresho and Lavington/Bernard Estate
18
3.1.2 Zonal Ordinances and Development Control for Zones 3, 4 & 5 Table..... Zonal Ordinances and Development Control for Zones 3, 4 & 5
Zone Areas Covered Parklands Commercial Residential West-lands CBD 3 Westlands West-lands/ Museum Hill Block 1 Commercial Block 2&3 Offices & Residential Block 4 Offices Block 5 Commercial / Residential Hotels Spring Valley Riverside 4 Kileleshwa Kilimani Thompson Woodley Upper Spring Valley 5 Kyuna Loresho Lavington/ Bernard - On Sewer 35 75 25 25 Low-Residential One-Family House Maisonnettes Allowed on Sewered Areas of Lavington 0.2(u) 0.1(s) 35(s) 25(u) 100(s) 25(u) Residential (Apartments allowed on sewer only) Four Storey Max 0.05 80 200 GC (%) 50 35 35 -x80 35 PR (%) 100 75 75 -x200 80 Commercial/ Residential (High Rise Flats) 0.05 Commercial/ Residential (High Rise Flats) 0.05 Types of Development Allowed Min Area (Ha)
City Park Estate/ Upper Parklands
19
3.2 Population Characteristics and Social Profile This section focuses on the population characteristics of Westland area of Nairobi which incorporates the planning area. It examines the population size, growth and distribution; its age and sex structures; fertility and mortality rates; migration trends and the size and composition of households. 3.2.1 Population Size and Growth Rate Based on the 1979 Population and Housing Census Nairobi recorded a population of 827 775 persons (Kenya National Bureau of Statistics, 1980). During the 1989 Population and Housing Census, the population had increased to 1 324 570 persons (Kenya National Bureau of Statistics, 1990), rising to 2 143 254 persons in 1999 (Kenya National Bureau of Statistics, 2000). During the 2009 Population and Housing Census, Nairobi recorded a population of 3 138 369 persons. Of this total 1 605 230 were males compared to 1 533 139 who were females (Kenya National Bureau of Statistics, 2010c). The population growth rate for the 1989 to 1999 inter-censal period was 4.8 percent while that for 1999 to 2009 was 3.8 percent. Table 1 presents the changing population figures for the period 1979 to 2009. Table 1: Population Size for Nairobi, 1979 - 2009 Year 1979 1989 1999 2009 Population Size Males 479 448 752 597 1 153 828 1 605 230 Females 348 327 571 973 989 426 1 533 139 Total 827 775 1 324 570 2 143 254 3 138 369
The population density for the city changed from 1 210 persons per square kilometre in 1979 to 1 911 and 3 079 persons per square kilometre during the 1989 and 1999 Population and Housing Census periods, respectively. During the 2009 Population and Housing Census, Nairobis population density stood at 4 515 persons per square kilometre (Kenya National Bureau of Statistics, 2010d). This was much higher than the national average of 66 persons per square kilometres. Based on the 2009 Population and Housing Census, Nairobis population was distributed unevenly across the four administrative areas in the city. Table 2 presents the distribution of the population by administrative area as per the 2009 Population and Housing Census. The Table shows that the planning area is sparsely populated and was home to 247 102 persons (or 7.8% of the citys population). The highest proportion (36.5%) of the Citys population resided in Nairobi East area followed by Nairobi North area with 33.9% of the total population. The population density for the Westlands area stood at 2 538 persons per square kilometre (Kenya National Bureau of Statistics, 2010d). 20
Table 2: Distribution of Nairobi Population by Sex and Administrative Area, 2009 Administrative Area Nairobi West Nairobi East
Nairobi North
Sex Males 352 227 582 554 545 701 124 748 1 605 250 Females 332 358 561 862 516 385 122 354 1 533 139
Total 684 765 1 144 416 1 062 086 247 102 3 138 369
Percentage 21.8 36.5 33.9 7.8 100.00
Density 2 616 5 048 9 721 2 538 4 515
Westlands Total
Source: Kenya National Bureau of Statistics (2010d): 2009 Kenya Population and Housing Census, Volume I C
Sex and Age Structure of Population The 2009 Population and Housing Census showed that of the 247 102 persons resident in the Westlands area, 124 748 were males while 122 354 females. The sex ratio from these figures is 102 males for every 100 females. This is lower than the Nairobi sex ratio of 104.7 males for every 100 females but much higher than the national ratio of 98.8 males for every 100 females. Concerning the age structure of the population, those aged 0-14 years make up 25.3% while those aged 61 and above years constitute 4.3% (Kenya National Bureau of Statistics, 2010b). This age distribution places the dependency ratio (number of people in the dependent age groups 0-14 and 61+) at 42 for every 100 persons in the working age groups. It also implies that the largest proportion (70.2%) of the population is in the working age group. This has important implications for job creation in the planning area. The broad age distribution of the population is presented in Table 3 while Figure 1 provides the age pyramid.
21
Table 3: Percentage Distribution of Population by Age Group, 2009 Number Age Group 0 - 4 years 5 - 9 years 10 - 14 years 15 - 19 years 20 - 24 years 25 - 30 years 31 - 40 years 41 - 50 years 51 - 60 years 61 + years Age NS Total Ratios Dependency Sex Ratio Male 11 930 10 033 8 908 8 987 14 754 18 741 22 499 14 656 8 328 5 712 200 124 748 42 102 Females 12 066 10 157 9 270 10 820 17 750 19 420 20 368 11 554 5 848 4 856 245 122 354 Total 23 996 20 190 18 178 19 807 32 504 38 161 42 867 26 210 14 176 10 568 445 247 102 Percentage 9.7 8.2 7.4 8.0 13.2 15.4 17.3 10.6 5.7 4.3 0.2 100.0
Source: Source: Kenya National Bureau of Statistics (2010b): 2009 Kenya Population and Housing Census, Volume I B Figure 1: Population Pyramid for Westlands, 2009
22
Household Size The number of households is a critical variable in planning. The household is a consumer of important resources and facilities such as land, water, energy and housing. The household size, on the other hand, has implications for living conditions and the wellbeing of a population. As evident from Table 4, Nairobi had 200 474 households in 1979 (Kenya National Bureau of Statistics, 1980). The number had increased to 382 863 by 1989 (Kenya National Bureau of Statistics, 1990), rising to 649 426 in 1999 (Kenya National Bureau of Statistics, 2000). By 2009, the city had a total of 985 016 households (Kenya National Bureau of Statistics, 2010a). With a total population of 3 138 369, the average household size was estimated at 3.2 persons. Table 4: Number and Sizes of Households in Nairobi, 1979 - 2009
Year 1979 1989 1999 2009 Number 200 474 382 863 649 426 985 016 Household Size 4.1 3.5 3.3 3.2
Table 5 presents the distribution of households in Nairobi by administrative areas for 2009. The Table shows that 75 427 households (representing 7.7%) were in the Westlands area. Given the areas total population of 247 102 persons, the average household size was estimated at 3.3 persons. This is similar to that for Nairobi as a whole but lower than the national average of 4.4 persons. Table 5: Distribution of Households in Nairobi City by Administrative Area, 2009 Administrative Area Nairobi West Nairobi East Number Percentage Household Size 212 295 21.6 3.2 369 866 37.5 3.1 Nairobi North 327 428 33.2 3.2 Westlands 75 427 7.7 3.3 Total 985 016 100.0 Source: Kenya National Bureau of Statistics (2010a): 2009 Population and Housing Census, Volume I A
23
Special Groups Individuals with different forms of disability constitute a special planning constituency. According to the Disability Act 2003 (cited in Kenya National Bureau of Statistics, 2010c), disability include physical, sensory, mental or other impairments, such as visual, hearing or physical, that adversely affect the individuals ability to carry out usual day to day activitie s. Based on the 2009 Population and Housing Census, Volume II, 2.1 percent of the total Nairobi population had one form of impairment or another. This included 2.2 percent of males and 2.1 percent of females (Kenya National Bureau of Statistics, 2010c). For the Westlands area, the figures stood at 2.8 percent of the population; that is 2.8 percent of males and 2.8 percent of females. Table 6 presents the distribution of special groups in the Westlands area by type of disability. Based on the Table the area is home to 3 179 persons (1 562 males and 1 627 females) who are visually impaired and 1 317 persons (682 males and 635 females) who are physically impaired. The area also accommodates persons who are hearing, speech, mental impaired. Table 6: Population Distribution in Westlands by Type of Disability Impairment Number Total
Male Female 1 562 1 617 3 179 Visual 288 230 518 Hearing 463 415 878 Speech 682 635 1 317 Physical/ Self Care 201 139 340 Mental 279 327 606 Other Total 3 475 3 363 6 838 Source: Kenya National Bureau of Statistics (2010c): 2009 Kenya Population and Housing Census, Volume II
Population Projections The future population growth in the planning area, which covers four locations namely, Highridge, Kileleshwa, Kilimani, and Parklands, will be determined mainly by natural population increase and in- (and out-) migration of persons. To provide quantitative measures of future demographic changes in light of the present situation and underlying demographic processes, demographic projections are undertaken using a growth rate of 1.5 percent until 2020 dropping to 1.2% for the period 2025 to 2035. These utilize the total population for the four (4) locations that constitute the planning, which, based on the 2009 census results, stood at 135 161 persons. This total was distributed across the 4 locations as follows: Highridge 53 720 persons, Kileleshwa - 27 202 persons, Kilimani - 43 122 persons, and Parklands 11 117 persons. 24
The projections are guided by the following assumptions: That Nairobi in general appears to be experiencing a decline in the growth of its population. The overall citys population growth rate dropped a percentage point from 4.8% during the 1989-1999 inter-censal periods to 3.8% during 1999 to 2009 intercensal years (Kenya National Bureau of Statistics, 2010c). That, despite the growing number of high rise flats that are replacing the single family dwelling, the planning area remains one of the sparsely populated areas of Nairobi. That some of the developments taking place in the planning area will include office space. This will create a daytime only segment in the population occupying the area and has important implications for the provision of services. That the development of satellite towns as part of the greater Nairobi Metropolitan area will cause population attrition from Nairobi as we know it today. That further population attrition will be occasioned by decentralization to counties, as the implementation of the new constitution gathers momentum. That the planning area must have a limit in terms of its population carrying capacity. A population beyond that capacity will not be possible unless improvisation in infrastructure development occurs.
The projections, whose results of the population projections are presented in Table 7, were conducted utilizing the formula: Px = Po (1+y) x, whereby: Px = population after x years Po = current population y = average growth rate x = years passed As evident from the table, the population of the planning area will have reached 147 325 persons by 2015, rising to 158 374 persons by 2020. It will have climbed to 167 876 persons by 2025 and is projected to stand at 177 949 and 188 626 persons by 2030 and 2035, respectively.
25
Table 7: Population Projections for Planning Area 2015-2035 Year 2009 2015 2020 2025 2030 2035 Number 135 161 147 325 158 374 167 876 177 949 188 626 1.2% 1.5% Growth Rate
Key Population Issues The major challenge posed by the population of Westlands which encompasses the planning area is that it is predominantly young. Of the total population for 2009, those aged 40 years and below comprised 79.2 percent. These included 25.3 percent who were aged 0 - 14 years and 53.9 percent who were aged 15 - 40 years. Only 10.0 percent of the population was aged 51+ years. The youthful population has implications for planning for job creation as well as for educational facilities. In addition, the population of the planning area included 2.8 percent of individuals who had one form of impairment or another. This group poses a challenge in that its existence calls for the provision of special facilities and services during the planning process.
3.2.2 The Social Sector This section examines the status of social facilities and services in the planning area. Specifically it focuses on educational facilities, healthcare services, places of worship, police services, post offices, and social halls, keying on the distribution of these facilities and/ or services across the various zones that make up the planning area. EDUCATIONAL FACILTIES Introduction As underlined in 2009 Population and Housing Census report (Kenya National Bureau of Statistics, 2010c:22), Education is a key pillar for human development towards the realization of Vision 2030 as it imparts knowledge and skills to individuals necessary for nation building. This section presents a broad overview of the education policy in Kenya followed by a description of the status of educational services and facilities as they currently 26
exist in the planning area. Within the spectrum of educational services and facilities the section focuses on kindergartens, pre-schools/ nursery schools, primary schools, secondary schools, tertiary education, and vocational and technical training. Structure of Education System Kenyas education system comprises of pre-primary, primary, secondary tertiary and university level, with linkages in the provision of basic literacy and vocational training (Kenya National Bureau of Statistics, 2010c: 22). Beyond the pre-primary level, the educational structure has adopted an 8-4-4 system comprising eight years of primary education, four years of secondary education and four years of University education. The first eight years constitute the period of basic education, to which all children of school going age have a right. The eight years of basic education culminate with sitting of the Kenya Certificate of Primary Education (KCPE) examination which the first four lead to the Kenya Certificate of Secondary Education (KCSE) examination. Only a small percentage of those who complete the KCSE make the transition to University education. This underlines the importance of youth polytechnics and tertiary (middle level) colleges and institutions. Based on the 2009 Population and Housing Census report, 972 299 (33.6%) of Nairobis population was attending school (see Table 1, Kenya National Bureau of Statistics, 2010c:30). This included 484 427 (32.7%) of males and 487 872 (34.6%) of females. In the Westlands area, which includes the planning area, 78 884 persons (33.9% of the areas population) were attending school. This included 39 349 (33.5%) of males and 39 535 (34.4%) of females. Kindergartens The planning area spreads across zones 3, 4 and 5 of the Westlands area of Nairobi. Table 8, which presents the current distribution of the different categories of educational institutions in the area, reveals the existence of a total of five (5) kindergartens in the area. Of this total, four (4) are located within Zone 4 while the remaining one (1) is found in Zone 5; no such facility exists in zone 3. Pre-School/ Nursery Schools Based on the Nairobi City Department of Education, a total of 441 pre-schools exist in Nairobi city. These include 100 private pre-schools, 137 public pre-schools, and 204 nonformal pre-schools. These institutions have a combined total enrolment of a total of 32 314 children (www.narobicity.org/departments/default2.asp?search=education). Out of this total 16 175 are boys while the remainder 16 139 are girls. The children are distributed across different categories of schools as follows: Public Pre-schools: 7 202, Private Pre-Schools: 8 565, and Non Formal Schools: 16 547. Existing evidence (see Table 8) suggests that the planning area has a total of 29 pre-schools/ nursery schools. These are spread across the area as follows: Zone 3 - 7 pre-schools, Zone 4 27
17 pre-schools and Zone 5 5 pre-schools. The bulk of pre-schools, it should be noted are attached to primary schools. Primary Schools Based on Table 8, currently there are 55 primary schools located in the planning area. These include 20 public schools and 35 private schools. Of the total primary schools, the largest number - 28 (10 public and 18 private) - are located in Zone 4. Whereas 10 (4 public and 6 private) primary schools are found in Zone 3, 17 (6 public and 11 private) primary schools existed in Zone 5. Table 8: Distribution of Categories of Educational Institutions in the Planning Area Zone/ Category Zone 3 Public Private Sub-total Zone 4 Public Private Sub-total Zone 5 Public Private Sub-total Summary Public Private Overall Total 0 7 4 6 10 3 5 8 7 2 2 4 Kindergartens PrePrimary Primary Schools High Schools Tertiary Colleges Universities
17
10 18 28
3 13 16
0 2 2
6 11 17
4 8 12
29
20 35 55
10 26 36
14
2 4 6
Existing evidence revealed that, each class especially in public primary schools has in excess of 300 pupils distributed across 3 to 4 streams. The average number of pupils per class ranges from 70 to 80 (www.narobicity.org/departments/default2.asp?search=education). Most schools have aging building.
28
Secondary Schools Turning to secondary schools, a total of 36 institutions are found in the planning area. These include 10 public schools and 26 private schools (see Table 8). Consistent with the distribution of primary schools, the highest concentration of secondary schools is in Zone 4. The area has a total of 16 secondary schools, including 3 public and 13 private secondary schools. The second highest number of secondary schools in the planning area is found in Zone 5; the zone houses a total of 12 institutions (4 public and 8 private). This was followed by Zone 3 with 8 (3 public and 5 private) secondary schools.
Tertiary Educational Facilities As evident from Table 8, a total of 20 tertiary institutions are located in the planning area. These include seven 14 tertiary colleges (such as teacher training colleges and commercial colleges) and six (6) universities and/ university campuses. Of the six (6) universities and/ university campuses, two (2) are public while the other four (4) are private.
Vocational and Technical Training Institutions Only one (1) vocational or technical training institute - Nairobi North Polytechnic found in Zone 5 exists in the planning area.
Special Schools One special school for the deaf is found in the Kilimani location of the planning area.
HEALTH CARE Based on Table 11, the planning area has a total of 13 health care facilities serving a total of 147 325 persons. Zones 4 and 5 house the lions share of healthcare facilities. Health services are offered at four levels as follows: Community level, clinics/healthcare centres, dispensaries, and maternicare (some health centres have both clinics and maternicare). The area does not offer health care at the provincial hospitals level but is the home of one Referral Hospital, the Kenyatta National Hospital. Also located in the area are four (4) private hospitals, namely Aga Khan Hospital, MP Shah Hospital, the Westlands Cottage Hospital, and the Nairobi Womens Hospital. The area is served by one mortuary, the City Mortuary, which is over utilized.
29
Table 11: Distribution of Healthcare Facilities in the Planning Area by Zones Location/ Zone Zone 3 Zone 4 Zone 5 Total Health Centres 4 3 2 9 Hospitals 2 2 0 4 Total 6 5 2 13
Clinics located in the planning area provide a wide variety of services including the following: Prevention of Mother to Child Transmission (PMCTC), Voluntary Counselling and Testing (VCT) services, TB treatment, Anti Retro Viral drugs (ARVs), Pre-natal services, post-natal services, and family planning. However, these are not adequate. For instance, reproductive health services for both adults and adolescents are said to be inadequate, only two (2) clinics offer PMCTC and ARVs, and the provision of PMCTC services is affected by the lack of counsellor. Referrals are normally done from the clinics to Kenyatta National hospital. Not much service is available as far as dental care is concerned. The public healthcare facilities found in the planning area are staffed by personnel employed by the City Council, the Ministry of Health, and through health stimulus program by the Ministry of Finance.
COMMUNITY AND SOCIAL AMMENITIES A situational and stakeholder analyses are required to establish the demand and level of provision of community and social amenities such as post offices, social halls, police stations, and fire stations.
Places of Worship Table 14 presents the distribution of places of worship (churches, mosques and temples) in the planning area by Zone. As evident from the Table the planning area is home to a total of 33 places of worship. These include 28 Christian churches, two (2) mosques and three (3) temples. Zone 4 has the highest number (18 in all) of places of worship. Whereas Zone 3 has 10 places of worship, Zone 5 has five (5).
30
Table 14: Distribution of Places of Worship in the Planning Area by Zone Places of Worship Zone 3 Zone 4 Zone 5 Total Churches 61 172 53 28 Mosques 2 0 0 2 Temples 2 1 0 3 Total 10 18 5 33
Police Stations/ Posts/ Lines A total of 10 police stations/ posts/ lines are located in the planning area. These are distributed across the area s follows: Zone 3, three (3) posts; Zone 4, three (3) posts; and Zone 5, four (4) posts.
Other Social Amenities Located in the planning area is one (1) post office found in Zone 5 and two (2) social halls/ community centres. The community centres include Oshwal Religious and cultural Centre located in Zone 3 and Chrisco Multi-purpose Hall situated in Zone 4. No fire station was found in the planning area.
1 2
Includes St. Carmel Sisters Convent Includes the All Africa Conference Of churches 3 Includes Loreto Convent Msongari
31
3.3 Environment Sector 3.3.1 Baseline Environmental Conditions The climatic and physical conditions of the study area compare favourably to that of the wider Nairobi City. A combination of one or more of these factors directly influence urban development, and are prerequisite to site analysis and planning. Nairobi Climate and Weather The rainy seasons are April to June and October to early December. Table 1 shows average temperatures and rainfall in Nairobi. Table 1 Monthly average temperatures, sunshine, rainfall and humidity for Nairobi City.
Summary of average yearly weather data for Nairobi Low (C) Jan Feb 12 13 temp High (C) 25 26 25 24 22 21 21 21 24 24 23 23 temp Sunshine (hours) 9 9 9 7 6 6 4 4 6 7 7 8 Rainfall (mm) 38 64 125 211 158 46 15 23 31 53 109 86 Humidity (am) 74 74 81 88 88 89 86 86 82 82 86 81 Humidity (pm) 44 40 45 56 62 60 58 56 45 43 53 53
Mar 14 Apr 14
May 13 Jun Jul 12 11
Aug 11 Sep Oct 11 13
Nov 13 Dec 13
Source: www.nairobicity.go.ke and www.worldtravels.com
Nairobi Winds The wind near the ground is predominantly easterly throughout the year, generally between north-east and east from October to April, and between east and south-east from May to September. The strongest winds occur during the dry season just prior to the "Long Rains" when speeds of 20 to 25 m.p.h. are not uncommon from mid-morning to early afternoon. At other times of the year wind speeds are usually 10 to 15 m.p.h. During the night the wind is
32
usually light. In the squalls sometimes associated with thunderstorms, short-lived winds of up to 70 m.p.h. have been known to occur. (Source: www.meteo.go.ke ). Sunshine and Solar Radiation Nairobi experiences a total of about 2,500 hours of bright sunshine per annum, which is equivalent to an annual mean of approximately 6.8 hours of sunshine per day. July and August are characterized by cloudiness and during these months the average daily sunshine in Nairobi is 4 hours. Often there are several days in succession when the sun fails to penetrate the thick stratocumulus cover, although on other days the cloud cover does break for a short period. There is about 30% more sunshine in the afternoon than in the morning, and it follows that westerly exposures receive more insolation than easterly ones.
Evaporation Given temperature and sunshine factors, the annual variation of evaporation is as expected. The mean annual evaporation as measured by the pan is seen slightly to exceed the mean rainfall at the altitude of Nairobi, but it would be expected that at higher altitudes this position would be reversed. Relief The formation of the Rift Valley has strongly influenced the geology and geomorphology of the Nairobi area. Nairobi region falls from the edge of the Rift Valley to the west. Trees species There are different species of trees in the study area. The common trees in the area include Grevillea robusta, Acrocarpus fraxinifolius, Filiceum decipiens, Terminalia mentally, Terminalia brownee, Spathodea nilotica, Araucaria columnaris, Dovyalis caffra, Cordic Africana, Bougainvillea glabra, Marchamia lutea, Syzygium guineence, Syzygium cuminii, Senna siamea, Schinus terebinthifolius, Psidium guajava, Prunus Africana, Podocarpus falcatus, Pinus patula, Jacaranda mimosifolia, Manqifera indica among others. 3.3.2 Identified environmentally sensitive areas with proposed protection mechanism Wetlands, Rivers/streams Wetlands, rivers and streams in the study areas are faced with different challenges including encroachment, pollution (from improperly treated sewage and uncollected garbage) and failure to observe riparian reserves. This leads to water pollution, water-borne diseases, and environmental degradation among others. Water pollution carries both environmental and health risks to residents within the affected areas. 33
The Environmental Management and Co-ordination (Wetlands, River banks, Lake Shores and Sea shores management) Regulations 2009 The regulation in Section 17 gives three principles that shall be observed in the management and conservation of river banks, lake shores and the seashores. (a) Resources on the river banks, lake shores and the sea shore shall be utilized in a sustainable manner; (b) Environmental impact assessment as required under the Act shall be mandatory for all major activities on river banks, lake shores and seashores; and (c) Special measures, including prevention of soil erosion, siltation and water pollution are essential for the protection of river banks, lake shores and the seashore. According to Section 18 (1), within five years from the date of commencement of these Regulations, the Authority shall, in consultation with the relevant lead agencies:(c)Promote soil conservation measures along river banks, lake shores, and the seashore, including the following Bunding; Terracing; Mulching; Tree planting or agro forestry; Grassing; Soil engineering, compaction and placement of fills; Zoning and planning; Building of gabions; Control of grazing, and Recommending the promulgation of appropriate by-laws by the relevant local authorities.
34
1.5.2.1 Problems observed a) Encroachment
Figure 1 An encroached wetland in Spring Valley
Figure 2 A by-pass ( Northern By-pass) going over a wetland in Spring Valley
35
Figure 3 Construction off Chalbi Drive, encroaching on a wetland, in Lavington
b) Pollution Wastewater and solid waste management in Nairobi has not kept up with increasing demands from the growing populations. In addition the amount of industrial and municipal effluent entering the Nairobi River and other surface waters is polluted. Several drainage channels that gather storm water from the city end up being received in rivers/streams and carry a lot of solid waste which includes domestic garbage from areas where there is no proper solid waste management.
36
Figure 4 Nairobi River polluted with solid waste
Figure 5 A drainage channel from residential houses directed into Nairobi River
c) Riparian 37
It was observed that most of the developments near water courses have not observed riparian reserves. Some examples include: Nakumatt Ukay and the surrounding developments. The stream around that area is highly degraded by development. Apart from solid waste pollutants, there is encroachment of the riparian reserve. In Lavington it was observed there were many developments being constructed next to the wetland off Chalbi Drive. Other areas include places around Westgate Shopping Mall and The Tribe hotel where developments have encroached upon the wetland.
It is therefore important that different authorities and developers observe riparian reserves. WARMA, the lead agency in water resources, recommend a riparian of between 6 and 30 metres. The agreed upon riparian can only be arrived at after a pegging exercise as various considerations are taken into account, thus making it impossible to arrive at one blanket regulation that is suitable for all sites. Riparian distances are therefore site-specific. Water should be used efficiently with localized water supply sources that reduce demands on main city water supply. Residents should take advantage of rainwater by installing rainwater harvesting facilities and storing it. Rainwater can be used for gardening, cleaning etc. Waste water should be treated and recycled Waterways should be kept clean and pollution free with diverse and abundant ecosystems.
38
Figure 6 Construction of residential houses on river riparian at Kilimani
Figure 7 Residential houses built without observing the riparian reserve
39
Figure 8 Boundary wall built inside the river
Figure 9 Boundary walls built without observing riparian reserve
40
Green space Experience in both industrialized and developing countries demonstrates that an effective approach for confronting urban environmental issues is to formulate a city-specific environmental management strategy, policies and action plans. Five key areas that could contribute to environmental protection and compliance to existing environmental laws and regulations include: mobilizing public support and participation choosing policy instruments that will change behavior, relieve conflicts, and encourage cooperative arrangements building local institutional capacity strengthening city council service e.g. garbage collection and recycling facilities Increasing local knowledge about the urban environment and its protection.
Nairobi has managed to retain a very small number of green spaces within the city. Close to the city is the Nairobi National Park indeed Nairobi prides itself for being the only city in the world with a national park which is just a few minutes drive away. Green spaces help to maintain biodiversity, filter pollutants from the air and they also act as minor water catchment areas within and on the outskirts of the city. Although these green spaces have been protected, it is also evident that natural vegetation is being lost in the city due to numerous and uncontrolled developments.
41
Characteristics and biodiversity of key protected areas in Nairobi (source: KWS 2006, JICA 2005)
Table....... 2 Characteristic and biodiversity of key protected areas in Nairobi
Name Nairobi National Park; Established 1946
Managing Authority Kenya Wildlife Service (KWS)
Area (ha) 11.0 640
Common Species Plants Olea africana, Croton dishogamus calodendrum, Themeda, Cyprus, Digitaria, Cynodon, Acacia xanthophloea, Euphobia candelabrum, Apodytes dimidiata, Canthium schimperanum, Elaeodendron buchananii, newtonia sp, Ficus eriocarpa, Aspilia mossambicensis, Thus natalensis, Euphobia brevitorta, Drimia calcarata, Murdannia clarkeana and Crassula sp. Animals Giraffes, lions, gazelles, buffaloes, hartebeest, wild pigs, wildbeest, warthogs, crocodiles, hippos and about 400 species of birds.
Karura forest; (Gazettes 1932)
Forest Department
1,063.00
Olea europeae var.africana, Croton megalocarpus, Warburgia ugandansis, Brachyleana huillensis and Uvaridendron anisatum
Monkeys, bush baby, bush bucks, bush pigs, porcupines, duikers, genets, dikdik, epauletted bat, Africa civet
Ngong' Forest
Forest Department and KWS
638.4
Eucalyptus, Pine, Cyprus, Croton and Cordia species 42
Over 120 species of birds, over 35 mammals, such as leopards,
monkeys, reptiles, insects and amphibians
Ololua Forest
Nairobi City Council and The National Museums of Kenya
667
Olea africana, Acacia species, Elaeodendron buchananii, Akokanthera schimperi, Brancylaena species, Croton megalocarpus, Carisa edual and Rhus natalensis, aloe etc.
The Nairobi Arboretum
Forest Department; Established 1907
25
Several collections of plant species
Olive baboons, monkeys, yellow baboons, porcupines, bush baby, bush bucks, bush pig, dikdik, epauletted bat, duikers, African civet, and genets, grey wagtail, Eurasia cuckoo, willow warbler. Chameleon, skunks, butterflies, dragonflies, ants, bees and beetles, Ayres's hawk eagle
Nairobi City Park
Nairobi City Council
60
Olea europeae var.africana, Croton megalocarpus, and Warburgia ugandansis
Hundreds of bird species, butterflies and baboons.
43
Protected areas have emerged as one of the worlds most important and effective tools for safeguarding biodiversity (Bruner et al. 2001) because they protect species from their greatest threat: habitat loss. The Programme of Work on Protected Areas of the Convention on Biological Diversity (CBD) states that protected areas are essential components in national and global biodiversity conservation strategies.
3.3.3 The Historical Development Some progress towards sustainable development has been made since 1987 when the World Commission on Environment and Development (WCED), Our Common Future, was launched. At the same time, the number of meetings and summits related to the environment and development has increased. An example is the 1992 Rio Earth Summit and the 2002 World Summit on Sustainable Development. There has been rapid increase in multilateral environmental agreements for example the Kyoto Protocol and the Stockholm Convention on Persistent Organic Pollutants. An increase in the number of scientific bodies, for example the Inter-governmental Panel on Climate Change, has highly contributed to a greater understanding of environmental challenges. Since independence the Kenya government has been advocating for proper environmental management. Remarkable conservation achievements have been made during the past half century; most notably the establishment of more than 50 national protected areas, including five Biosphere Reserves and three World Heritage Sites. Thirteen percent of Kenyas total surface area is currently in protected areas. The government has long been committed to conserving Kenyas valuable natural resources and wildlife and has enacted a numb er of policies for environmental management and conservation, such as the Wildlife Policy, Forest Policy, Fisheries Policy and National Land Policy. Despite these efforts, a wide range of environmental problems persist. Key environmental challenges in Kenya include a decline in wildlife populations, deforestation, soil erosion and water scarcitydue in large part to increased areas of land in agricultural production and livestock grazing and increased demand for wood for fuel and timber. Continued deforestation, loss of natural habitat, and illegal poaching have led to a decline in most wildlife species in the country, including large mammal species such as elephants, rhinoceros, and wildebeests. The deterioration of Kenyas environment has precipitated a number of environmental hazards that have affected public health and safety. The Environmental Management and Coordina tion Act (EMCA, 1999) serves as Kenyas principal legal instrument on the environment, but there is no comprehensive umbrella policy on the environment. Currently, the alternative to a far-reaching environment policy is Sessional Paper No. 6 of 1999 on Environment and Development. The overall goal is the integration of environmental concerns into the national planning and management processes and provision of guidelines for environmentally sustainable development. It specifically cites
44
poverty, population growth, rural-urban migration, urban environmental degradation and pollution as key challenges to achieving this goal. Over the years, the government has tried to implement environmental policies within a multisectoral development framework. However, strategies to achieve these objectives have not been fully developed or implemented. They have been blocked mainly by the lack of institutional capacity and resources to mobilize and link activities effectively within and between sectors. Moreover, individual environmental policies that now exist do not adequately articulate the links between population and environmental concerns. New initiatives in Kenya are attempting to strengthen cross-sectoral collaboration and coordination, reflected especially in the Kenya Vision 2030 and its economic, social and political pillars. In addition, the Kenya Poverty Environment Initiative (PEI) was established as a partnership between the Ministry of Planning and National Development and United Nations Development Programme in 2007. The purpose of PEI is to include environmental concerns in the development, policy, planning and budgeting process by improving understanding of environment-poverty linkages, strengthening the governments capacity to implement environmental policy that benefits the poor, developing tools for the integration of environment into development plans and budget processes, and increasing effective participation of stakeholders in environment and development policymaking and planning processes. The governments commitment to proper environmental management is demonstrated by the adoption of the National Environmental Action Plan (NEAP) and the establishment of public environmental institutions. Notable among these institutions are the Ministries of Environment and Mineral Resources, National Environment Secretariat, the Kenya Wildlife Service, National Environment Management Authority (NEMA) which has established the posts of the Environment Officers at the district level and revitalized district environment committees. Capacity requirements are provided by national universities and other educational institutions that offer courses on environmental studies. The government recognizes the roles played by both non governmental organizations and the private sector and has provided support and encouragement to their environmental efforts. The government also values the support of the United Nations and its agencies as well as foreign governments and organizations. In this regard, the government participated in the first United Nations conference on human environment in Stockholm, Sweden in June 1972. The conference established the United Nations Environment Programme (UNEP). UNEP, with its headquarters in Nairobi, is charged with the task of spearheading, catalyzing, and coordinating sound global environmental practices to enhance a healthy and quality environment for humankind. Concern for environmental planning has a long history in Kenya. Reference to integrating environment and economic issues was made in the countrys development plan as far back as 1974. The 1974-78 plan noted that competition and conflicts between land use interests were growing and that there was need for greater co-ordination between the various sectors of 45
government in order to address these effectively. The subsequent development plan (197983) stressed the need for environmental inputs in the national planning process pointing out that environmental considerations must pervade development decisions at every level. Kenya has developed a large number of initiatives in the environment and natural resources sector. However, there have been no strategic plans integrating environmental concerns into the development planning process until the adoption of the National Environment Action Plan (NEAP) in 1994. The urgency of this concern is reflected in the 1994-96 development plan which calls for a Sessional Paper on sustainable development to set comprehensive guidelines and strategies for government action. The government has developed this Sessional Paper setting out comprehensive policy guidelines towards achieving sustainable development and in response to the increasing concerns regarding the effects of development on the environment. Kenya is a signatory to the Ramsar Convention on wetlands conservation and management and has set aside Lakes Nakuru and Naivasha as Ramsar Sites
3.3.4 Utilities in the Study Area 1.5.2.2 Different water sources for zones 3, 4 and 5 Table 3 Main sources of water in zones 3, 4 and 5
Main source of water (zones 3, 4 & 5) Valid NWSC Boreholes Underground Reservoir Rain Water Total
Valid Percent 98.1 1.9 .0 .0 100.0
Table 4 Other sources of water in zones 3, 4 and 5
Other sources of water (zones 3, 4 & 5) Valid NWSC Boreholes Shallow Wells Underground Reservoir 46
Valid Percent 1.8 31.9 1.1 8.8
Rain Water Water Vendors Total
48.5 7.9 100.0
Most of the residents in zones 3, 4 and 5 highly rely on water supplied by Nairobi Water and Sewerage Company. It is recommended that residents should also make use of other alternative sources for example rain water. Rain water harvesting is used as an alternative source of water supply in these zones. Harvesting and storage of rain water is recommended to ensure that this becomes the first priority of water supply. Boreholes are also used as an alternative source of water, coming second after rain water. Uncontrolled borehole sinking affects water table thus degrading the environment. It is recommended that borehole drilling should be controlled and residents should be encouraged to share boreholes instead of sinking several of them in a given area. Water recycling should also be given priority. On-site wastewater treatment systems when used can reduce dependence on NWSC main supply thus reducing the intake of fresh water. Treated wastewater can be used for example in gardening and for cleaning purposes, if it meets the set standards. Table 5 Sources of Electricity in zones 3, 4 and 5
Main source of electricity (zones 3, 4 and 5) Valid Kenya Power
Valid Percent 100.0
From the data collected and interviews conducted, it was observed that residents in this study area totally depend on Kenya Power for electricity supply. It is recommended that other sources of electricity and energy should be explored. The city of Nairobi in general receives sufficient sun shine and if it is well utilized, a lot of energy can be saved. Major issues facing the world today include global warming and climate change. Solar energy does not produce the harmful pollutants responsible for increasing the greenhouse effect which leads to global warming. Solar energy is a sustainable, clean source of energy that can be used for solar electricity, solar heating, solar cooling and solar lighting. In the study areas, solar energy can be used in lighting and heating water to complement energy supplied by Kenya Power. Table 6 Sanitation in zones 3, 4 and 5 47
Sources of sanitation (zones 3, 4 & 5) Valid CCN Mains Septic Tanks Conservancy Tanks Latrines Total
Valid Percent 89.9 10.1 .0 .0 100.0
Some of the areas in these zones are served by the main council sewer lines while others are not sewered. Almost 90 % of the residents in this study area use the City Councils main sewer line while the rest use septic tanks. If properly designed, constructed and maintained, septic tank systems can provide long-term, effective treatment of household wastewater. A malfunctioning system can contaminate groundwater that might be a source of drinking water thus leading to environmental pollution and a health hazard to those depending on that water. Septic tanks should be inspected regularly and the tank exhausted when necessary. Water should be used efficiently and household hazardous waste should not be disposed of in sinks and toilets. The more water a household conserves, the less water enters the septic tank system. Efficient water use can improve the operation of a septic tank system and reduce the risk of failure. Other alternatives for wastewater management are also recommended. Particularly suitable are on-site wastewater treatment systems that allow re-use and recycling of water.
Table 7 Blocked sewer in zones 3, 4 and 5
Blocked sewers in (zones 3, 4 & 5) Valid Yes No Some times Total
Valid Percent .8 99.1 .1 100.0
It was observed that from all the residents interviewed in the study area, only 0.8 % had experienced blocked sewers. During field work carried out during this study, there was no blocked or leaking sewer observed.
48
Table 8 Solid waste management in zones 3, 4 and 5
Solid waste disposal in zones (3, 4 & 5) Valid CCN Services Private Contractors Incinerator Total
Valid Percent 5.6 94.4 .0 100.0
Residents from this study area highly depend on private contractors for their solid waste disposal, with only 5.6% using the CCN services. It was not clear if these private contractors are licensed by NEMA for solid waste collection and transportation. Environmental Management and Coordination (Waste Management) Regulations, 2006 states that any person whose activities generate waste should also ensure that waste is transferred by a licensed person and disposed of in a designated waste disposal facility. It is recommended that recycling and reuse of waste should be given priority; waste should also be segregated at source to make recycling easy. A sheltered temporary waste storage facility should be available in all residential developments for waste storage before it is collected by the contracted company.
49
3.4 Economic Sector 3.4.1 Overview The interaction among local, national and global economic, political and technological processes has given rise to a continuum of a variety of ideological strands that have influenced the economic growth and development strategies of the country within which the urbanization of Nairobi has been taking place since the colonial period up to the present. The conception of urbanization and the role of cities in the above context have been changing rapidly in the developed countries and less rapidly in developing countries. In developing countries it is viewed more of the concentration of population and horizontal spread with meager infrastructure and services and less emphasis on the economic basis of urbanization and integration with national development process, while in developed countries economic consideration, and adequacy of infrastructure service provision and integration with national and global development processes are critical. This has determined whether there are deliberate local and national strategy initiatives to create a favourable environment for urban economic growth and development manifested in localized public infrastructure and services, planning and efficient transport systems or not. In the developed countries there has been a paradigm shift from the traditional role of the provision of infrastructure and services to that of promoting employment generation capacity of cities, city economic growth, and investment friendly policies to enable the development of an economic niche or comparative advantage of cities. Cities are therefore positioning themselves as engines of national economic growth or creators of national wealth and employment and constantly restructuring to fit within the changing economic, political and technological age. It is characterized by neo-liberalism, globalization, climate change, urban age, environmental consciousness, democracy and decentralization. Indeed cities are important centres of production, distribution, exchange, innovations, consumption, import and export, financial hubs and liberation. Economic activities of cities have undergone transformation from pre-industrial, industrial and post industrial modes of production (more information processing activities within the urban economy) driven by technological revolution. The economic system of cities provides the medium through which the city institutional set up and its citizens make a living through resource mobilization, employment and wealth creation. The composition of a citys economic base determines the diversity of economic activities, occupations, access to employment opportunities, economic security and high quality of life. This takes place within the national economic policies hinged on development ideologies whose spatial manifestations are the resultant built forms having a variety of functions. These are either specialized or mixed in character depending on the efforts of governance towards national integration. Some of them occur along the road network inform of ribbon development, while others are concentrated in particular planned areas (nodes).
50
The section then comprises of introduction, macroeconomic policy framework within which urbanization has been taking place, economic sectors of the City of Nairobi, and earnings from various economic sectors of the City, employment, finance, and distribution of income, devolved funds from Local Authority Transfer Funds, cost of living, and the challenges of economic growth in the area. 3.4.2 Economic contributions of Cities to National Development Cities besides being important areas of facilitating economic growth, increased productivity, providing diverse economic opportunities, and rising incomes in developing and developed countries, are also storage centre of the highest concentration of capital wealth for countries. Due to growing differentiated demand, cities offer opportunities for quick return on investments for a variety of economic activities both products and services. The importance of cities to the global and national economic development has gone beyond the transport costs and internal economies as advantages to encompass external effects, spillovers and external economies of scale. The latter factors have continuously become primary due to rapid urbanization, industrialization, technological progress and national economic development. The external effects that play key roles in the economic contribution of cities to the national development process are characterized a long several dimensions. Characterizations along the dimensions help to distinguish development among productivity gains arising from specialization, those arising from transaction costs, and complementarities in production, those arising from education, knowledge, and mimicking and those arising simply from the proximity to large numbers of other economic actors. The above potential can only be realized in the context of quality public infrastructure, cheap reliable power, reliable adequate water and sanitation, efficient public transport systems, and telecommunications. Infrastructure and services have an influence on land values and hence the distribution of land uses or activity patterns in the area of study. Value of land in urban areas is a measure of potential wealth of a city from which revenue is raised from rates, and also the basis of land speculation. It has been noted the land values of this some of the study area are very high and attracted a lot of investment demand from developers. Though some residents desire to own property in this area, the majority of developers are viewing investment opportunities arising from the land values, growing number of middle and upper class segments of society from exchange value rather than use value. The attraction of activity patterns in the study area represent therefore three forms of economic wealth namely, the ongoing daily activities of services and production, capital formation in the form of building and construction and finally the already created stock of wealth in physical assets such as roads, water and sanitation systems, residential buildings, office and commercial, warehouse and institutional buildings. Capital formation is done by both private and public sector in both housing and infrastructure provision and maintenance dominantly by public sector.
51
However, external diseconomies may lead to adverse effects and limit the potential of economic opportunities inherent in the study area. This could arise due to high costs of property (housing cost, rental), and transport costs as a result of scarcity of public transport. 3.4.3 Favourable Factors The productivity of the city of Nairobi is function of national conditions and institutions particularly stable macroeconomic framework besides political, administrative, and legal. Stable macro policy environment focuses on positive real interest rates, low inflation, stable exchange rates, and high velocity of money circulation in the economy, adequate revenue mobilization, employment generation, and rapid sustained rise in economic growth. The above requires robust policies on distribution to spread the benefits of improved economic performance as mentioned above. The above is complemented by adequate provision of localized public infrastructure and services such as roads, water and sanitation, power and organized public transport system. Speculation in the real property market has continuously led to unrealistic building demands and high property values. 3.4.3 Economic Base of the City of Nairobi Economic base of the city comprises the flow of economic activities for supporting needs of the people and sunken wealth or fixed asset wealth. The flow activities are captured mostly in the statistical abstracts, and to a small extent the fixed assets. The fixed asset form of wealth includes values of land, built up structures, and infrastructure facilities in addition to the construction and building sector. The classification of economic activities in the City of Nairobi are; agriculture and forestry, mining and quarrying, manufacturing, electricity and water, building and construction, wholesale and retail, restaurants and hotels, transport and communications, finance, insurance, real estate and business services and community, social and personal services respectively. They are indicated using numbers as in the table starting with primary activities. The first two are not found in area of study except the link of mining and quarrying to the building and construction sector. Table 1-0 Employment Trends within the City of Nairobi
Category/Year Agriculture and Forestry Mining and Quarrying Manufacturing Electricity and Water Building and Construction Wholesale, retail and Hotels Transport and Communications Finance, Insurance, real estate & Business services Community, Social and Personal services 1991 12081 1393 66482 7383 36772 46432 27712 41226 134896 1995 6772 911 73687 9055 38560 52324 29873 40709 148202 2000 7420 283 77138 9523 39545 57735 29620 42957 159179 2005 9695 358 81296 12061 41969 63537 31927 43322 169424 2008 8548 316 87998 10635 44599 70898 37599 45399 182,196
Sources: GoK, Statistical Abstracts & Economic Surveys
52
The relevant economic activities for the study area are from electricity and water to community and social and personal services. Employment within the range of activities specified has been growing over the years but not at the rate of labour force growth within the City of Nairobi. Another source of employment within the City Council is the informal sector whose employment has grown from 251,100 persons in 1991, to 998,900 persons in 2000 and finally to 1,943,300 persons in 2008. This has surpassed the formal sector employment with the City of Nairobi by 4.6 times. Nairobi is thus a City of self employment rather than government formal sector employment creation. The above implies creating the required enabling policy environment for enhanced role of both formal private and informal sector role in the generation of employment opportunities. Informal sector employment activities include, manufacturing; building and construction; wholesale, retail trade, hotel and restaurants; transport and communication and community, social and personal services. The earnings from the above economic activities are as indicated in the table below and has been growing from 1991 to 2008. Table 1-2 Earnings in Nairobi in 000s
Category/Year Agriculture and Forestry Mining and Quarrying Manufacturing Electricity and Water Building and Construction Wholesale, retail and Hotels Transport and Communications Finance, Insurance, real estate & Business services Community, Social and Personal services 1991
226.4 44.6 3,216.3 499.8 1268.8 2639 1651 3731 5205.1
1995
2879.2 97.9 5666.5 979.7 1845.1 5181 3184.4 5284.1 16939.5
2000
367.4 15.4 6079.1 2764.4 465.6 2342.1 3541.1 8253.8 11370.8
2005
1882000 79000 31137100 14158900 3284600 11996400 18137300 42275600 5824100
2008
3852700 142400 3966200 4793300 20101400 31954700 16946400 2046200 82118300
Source: GoK, Statistical Abstracts & Economic Surveys 3.4.5 Distribution of Wage employment/Income Categories Distribution of income or wage employment in the city has no definite income categories that relate to the housing situation as a number of them have to be merged to bring out the desired outcome for planning purposes. There has been a change as to the start of the lowest level of wage employment from 1984, 1992, 1995, to 2001. The corresponding start and end of wage employment categories is as follows, less than 215<6000 from 1984-1991 with nine income categories, >1000<6000 from 1992-1994 with six income categories, >2000<30,000 from 1995-2006 with nine income categories and finally >4,000<30,000 with nine income categories. These have to be merged to establish relevant categories for utilization for planning purposes. It however, reflects the changing of value of the Kenyan shilling over the years. This classification does not however form a useful basis of guiding planning decisions with respect to housing, and transportation because it does not reflect the actual situation of the cost of housing in the study area whether rental or purchased. Main focus is on the
53
income category above Kshs 30,000 which does not tell much as to the relevant income for the study area a part from the low income workers that fall below. The area is characterized by poverty levels of up to about 21.3 percent of the population, and youth unemployment rate. This has been due to slow growth of the economy, slow growth of formal sector employment and the requirements of previous work experience. They also display low entrepreneurial skills and are unable to access loans due to lack of collateral and perceived credit unworthiness. Though ICT is available in some of the centres, it is not widely integrated to other sectors limiting the potential of employment creation. Increasing cost of living has affected the most vulnerable groups. The area also displays high inequality than any other part of the City, with the concentration of the high income categories translated in residential social spatial differentiation. It is evidenced by Loresho, Kiuna, Spring Valley, Kitisuru, Lavington, and Thompson in relation to the informal settlements found within and those surrounding the planning areas. 3.4.6 Building and Construction Sector The aggregate wealth of an urban area is reflected in a variety of ways. These are the flow of wealth on a daily and monthly basis and the stock of wealth in physical assets emanating from the building and the construction sector in private and public sector. During the process of construction there is a whole system of activities that link to various parts of the economy leading to immense contribution to the immediate and local economy, City and the national economy. Facilities management of both public and private building and infrastructure is the end of employment point of building and construction sector whose employment contribution is to the immediate planning zones. This is aimed at guarantying the flow of commercial and other services from the physical structures supported by localized public infrastructure and services. The entire built and non built environment falls into the field of activity of planning and construction whose value to the economy may be considered to be high as 20% of GDP in developing countries. Its importance relates to the definition adopted. Using narrow definition of onsite activity, it contributes around 5% to GDP and the broader definition including quarrying of construction raw materials, manufacture of building materials, sales of construction products and various associated professional services hence a greater contribution to the economy. It includes land, property and facilities management, which points to the concentration of wealth in the planning zone in form of flow and fixed wealth. In essence it encompasses planning, producing the living and working environment and managing the same to guarantee the required services. The expected contribution of building and construction sector is immense due to the pressure of development of housing, commercial, office, and institutional spaces supported by expansion of localized public infrastructure and services such as widening of water and sewerage systems, roads among others. The growth is propelled by demand arising from a population has graduated into high income category, availability of advances from commercial banks, the economic recovery in the country, drop in interest rates, the stability 54
of the Kenyan shilling against major world currencies, and government expenditure on roads and housing. The indicators of the performance of this sector are value or volume of cement consumption, value of building plans approved, growing expenditure on roads and public housing, and the employment in the building and construction sector. All the above have been increasing and it is expected that this will contribute to the local economy in the planning area. It will translate into commercial and office space built up for employment opportunities that benefit the entire City residents. Value of approved building plans in Nairobi is as indicated in the table below. Table 1-3 Value of Building Plans Completed By CCN-M Kshs
City/Year Nairobi Others Total 2000 6,601.3 3,374.1 9975.4 2001 4,343.6 5,774.8 10118.4 2002 6,311.5 4295.9 10607.4 2003 8,076.2 13,945.6 22021.8 2004 11,851.9 23,110.8 34962.7 2005 23,842.2 13,804.9 37647.1 2006 21,142.9 5,816.7 26959.6 2007 59,765.1 7,322.7 67087.8 2008 52,073.0 17,248.7 69321.7
Sources: GoK, Statistical Abstracts & Economic Surveys Increasing cost of construction besides the rise in land values where a place like westland the price per acre is 200m is beginning to halt the process of rapid construction for provision of apartments. Purchasing of finishes products of the construction sector in this area is also facing difficulties due to the high interest rates implying that even mortgage rates have escalated increasing the cost of finance. This is attributable to unstable macroeconomic environment of rapid depreciation of the Kenya shilling against major foreign currencies, rising fuel prices, and high commodity price levels. 3.4.7 Investment Finance Finance is seen from the perspective of ongoing construction by both private sector and public sector and the expected financial sources for the proposed developments. Currently investment finance is from both formal and informal sources. The formal sources are advances from commercial banks due to favourable interest rates from 2004 onwards, remittances from the Diaspora, cooperative loans, personal savings and government financing of housing and road construction. Informal sources of finance are attributed the probability of money laundering that cannot be easily monitored by the government and is mainly black financial market that sanctifies the money through investment in real estate. However, the rising interest rates, fuel costs and cost of construction has slowed down advances from banks to finance investments and depressed the property market. Whereas interest rates and mortgage rates have shot up saving rates have remained the same, and coupled with the high cost of living, savings are also low. The proposals made in the plan require financing by the central government, City Council of Nairobi, and private sector. This implies that the revenues expected from the planning area be
55
collected to the maximum and reforms in the revenue collection focusing on improved site value to raise money, planning gain, and partnerships. 3.4.8 Distribution of Existing Economic Zones or Employment Zones Land uses, development forms and operational functions are affected by a number of trends including economic, climate, technological, political, consumer demographic, policy directions (City of London Commercial Policy Review;2007) physical and social cultural. The above has influenced the development of commercial/employment places within the City of Nairobi and particularly the relevant zones within which the planning action is being undertaken. Zone three has two main economic employment zones namely highridge centre, and westlands spreading up to Museum road. Minor commercial areas are found within City Park estate. A lot of growth is however taking place in the Westlands node growing towards museum and a long Parklands road. They provide a variety of commercial, office and service functions which employ a number of people. This attracts traffic using different modes for various purposes. Highridge node is also expanding, offers a variety of services and attracts traffic using different modes of transport to get access to services. It constitutes an important cultural and historical meeting place for the Asian Community in Kenya, who is closely associated with it. Some commercial services are also provided by the informal business found in certain places long road reserves and empty spaces. The distribution of commercial zones in zone 3 is fairly good and they require reinforcement to offer more employment and services to the increasing population in the area. From Westland down to Museum roundabout on Chiromo road is fully occupied by commercial developments posing the challenge of accessing to and out of the highway. Zone four has a number of employment commercial areas that have been planned. These include the extension of Westland into Zone four, Caledonia, Hurlingham, Yaya Centre, Valley Arcade, Adams Arcade and Kasuku Centre. There has also emerged a ribbon or strip of commercial and employment areas along major transport corridors within these zones such as Wayiaki Way up to AACC, Argwings Kodek road, and Ngong Road. In the absence of slip roads for acceleration and de-acceleration, this leads to slow down of movement along the roads mentioned increasing costs to everyone. It makes operation in these areas inefficient. The Larger Kileleshwa area in spite of recent increase in the number of residents has no designated commercial node except Kasuku centre constrained in expansion and cannot meet the increased demand. Residents have to go to Westlands, City Centre or Hurlingham contributing mobility problems within the area manifested by congestion. The spaces fronting transport corridors within the area have motor vehicle shows for selling. The entrepreneurs of motor vehicle shows import the vehicles mostly from Japan for sale. Motor vehicle shows are common on Ngong and Argwings Kodheck roads among others. The zone suffers from the sprawling of commercial scattered spots permitted through change of user. This tends to undermine the potential growth of planned commercial nodes further worsening the traffic flow along where the commercial spots occur. 56
In zone five commercial nodes appear to be inadequate for the vast area particularly the upper parts of Loresho, and Spring Valley. The available commercial nodes it is observed have stagnated particularly Loresho and Spring Valley. In the lower part of Zone five is found Lavington shopping centre which has stagnated in growth thereby not attractive for the commercial needs of the residents. This has been worsened with increasing population in Lavington and the surrounding areas. The commercial/ employment nodes will require revitalization to enhance access to service as a way of reducing trips to the City centre and Westlands for commercial services. Map 1 shows the distribution of employment/commercial nodes. 3.4.9 Analysis Economic activities in the study area are distributed in various zones with different intensity of concentration. Zones three and four have a concentration of economic activity spaces in form of formal and informal commercial and light industry compared to zones five, six, thirteen and twenty. The growth and spread of commercial spaces or nodes in this study area is form of either ribbon and nucleated at a point or a concentration. Critical economic issues worth noting in the study area are increasing demand for location of commercial, offices and rising residential density. The increased demand is due to improved economic performance in the last 7 years. Another factor is the sky rocketing land values in a liberalized economic environment that has attracted intense speculation. Increased land values have further been enhanced by availability of localized public services such as water and sanitation, power, roads and security. The rise in land values coupled with high interest rate spread has created an opportunity for investment from diverse financial sources both formal and informal. While the high interest rates have provided Banks with an opportunity to make money, through intense marketing developers have used the opportunity to get development finance and set their margins of profitability. The pure exchange value focuses on the magnitude of the rate of return on investments. This has led to pressure for increased plot ratios beyond what is provided currently. The demand for increased density is felt across all the sectors both residential, office and commercial development. The critical issue is the rate of return on real property investment within the study area and the duration taken. It is known that investors want make money as quickly as possible in most cases pay their loans within the shortest time possible, and make supernormal returns from their investments. Accommodation of the increased demand for office, commercial and residential development provides a challenge to the city planning authorities of how to intervene and ensure diverse demands of Nairobi residents are met. The above has a link to the building and construction sector, maintenance and operation of buildings that has greater multiplier effects to the economy. In some open spaces and along the roads there is also the growth of informal sector economic activities serving a category of those employed in the study area as servants, and gardening. Some of the activities take the form of small scale enterprises such as carpentry, metal fabrication, and garages with spare part stores. The small scale enterprise activities as well as 57
the informal are linked to the formal economy particularly the building and construction as well as wholesale and retail trade. In some nodes within the study area there are stagnated centres. The emergence of nodes in undesignated centres besides the low level of services in certain nodes accounts for the stagnation of some of the nodes in the study area as elaborated below. In the designation of nodes in various places of the city, there has been no level of services and employment the node are designed to provide and their linkages to the higher order node, which is the Central Business District. Other commercial developments have been taking place along the roads in form of ribbon development constraining the growth of the planned commercial nodes. The economic characterization of the spaces within the study area has therefore manifestations noted as follows; overspill of commercial developments in un designated places inform ribbon and concentrated developments. This has resulted into a number of challenges such as provision of parking, difficulties of transport junction operations. Moreover, the emerging nodes do not fit within a hierarchy of planned nodes within the city council of Nairobi and their expected contributions. The nodes are not properly linked with a clear road hierarchy as well as nodes hierarchy associated with service variety. Linked to the above is the pressure of commercial and residential development beyond the allowable planning controls in the City Council of Nairobi as aforementioned. This presents a challenge as well as an opportunity to the city Council of Nairobi. With limited alternatives for investments within the Nairobi Metropolitan area, the challenge of harnessing the pressure as an opportunity calls for expansion in infrastructure capacity, and reorganization of transport system of the entire City of Nairobi towards mass transport. Other manifestations include growth of informal business spaces, stagnated growth of some planned commercial nodes, and growing unemployment due to high labour force growth of the City of Nairobi. This is reinforced by evidence from the national statistics on employment particularly of Nairobi illustrating the slow growth in formal sector employment while the informal sector employment has been growing rapidly. Economic opportunities in study area include location of internal agencies and diplomatic offices hence employment generation, high land values also is a form economic base for the Council from which improved site rating can be applied to raise development finance. There is also availability of designated commercial zones, informal commercial areas and others that have arisen which are magnets for locating activities and enhancing employment. Areas where commercial nodes are inadequate give the opportunity of designating more commercial nodes of various levels and their proper linkage for employment generation and easy access by the community. Presence of informal sector activities implies proper planning and design of informal trading spaces for such activities. Certain services provided now through supermarkets like fresh produce is inadequate in some areas there is complete lack of it. The fresh produce markets help to make the commercial areas popular and vibrant and can be accessed by categories of income and provide a variety of fresh produce than the supermarkets. 58
Approach of provision of commercial areas was based on the population threshold as per the 1973 Metropolitan Growth Strategy, which provided for decentralization of investments from the Central Business District to secondary commercial zones, and finally to neighbourhood zones as had earlier been applied in the 1948 Master plan. In localization of the plan policies, there is no clear hierarchy of commercial nodes applied, and besides there is a tendency of the overspill of commercial zones outside the planned commercial zone areas through change of user applications. Detailed information on the hierarchy of services, common services, and employment expected as well as the total space for commercial purposes at each level of service has not been undertaken. Availability of such information enhances the planning and regulation of employment areas in these zones and improves on the accuracy of employment to be generated in relation to space needs. 3.4.10 Challenges Inadequate information systems regarding the size of each commercial area, types of activities, total floor space, floor space per activity types, employment generated in each node, demand and supply analysis, and projection of demand Stagnated growth of some centres which have remained small and no variety of commercial services Employment area planning in terms of commercial nodes lacks a clear hierarchy and related linkages in form of transport and service hierarchy Sprawl of informal business activities that are poorly designed and constructed causing blight in the area Inadequate distribution of commercial nodes in Zones 4, and 5 Inadequate parking No light industry zone that can serve the building and construction sector as well as recycling of waste (metal, carpentry, among others) Difficult to track the numbers of approved building plans, their value, the completed ones so as to assess the economic contribution of the building industry in terms of capital formation, employment generated and new activities added. Inadequate services in certain zones particularly of fresh produce markets that is not adequately met by the provisions in the super markets and accessibility Limited integration of ICT to other sectors of the economy in the area
59
3.5 Finance and Investment 3.5.1 Overview The City of Nairobi started as a railway camp in 1899 and soon became a centre of communication, administration and commerce. It grew in size and function to become the major metropolis in Eastern Africa. It became a City by Royal Charter in 1952. The City of Nairobi is a local authority established under the Local Government Act, Cap. 265. The City started as a railway camp in 1899 and soon became a centre of communication, administration and commerce. It grew in size and function to become the major metropolis in Eastern Africa. It became a City by Royal Charter in 1952. The Local Government Act (Cap. 265) mandates the City Council of Nairobi to provide a variety of public services and facilities in response to the expressed needs of people residing within its area of jurisdiction. Currently, among other services, the city council: Controls and regulates the conduct and location of businesses through licensing Provides and maintains public facilities e.g. markets, bus park, slaughter-house, township roads, stadium, social halls and other sporting and recreational grounds Provides public services e.g. conservancy, street lighting, housing, primary and nursery school education, registration of women and youth groups, burial of the destitute, national celebrations, sports, public health awareness, owns and manages estates comprising housing units of various sizes has a Fire Brigade and an Ambulance Service enforces physical planning: survey and land use planning and control
The city council is a body corporate and has the legal capacity to enter into financing arrangements, including borrowing, with other individuals or organisations to raise funds for enhancing the variety, coverage and quality of the services it renders to its residents. A number of laws have been made to enable local authorities, including the city council, exercise the right to raise revenue from a wide variety of sources. *Paul Smoke (1994) p. 78. The statutes which define the basic sources of revenue for a local authority include the Local Government Act (LGA) Cap. 265 of 1977 as amended in 1988, the Rating Act, the Valuation for Rating Act, the Agriculture Act, the Water Act, the Road Maintenance Levy Act and the Local Authority Transfer Fund Act of 1998. The city council also receives grants from the national government to support operations generally or to support specific government programmes at the local level.
60
Table 1: Outline of Sources of development revenue for the City Council

Transfers from Central Government LATF Road Maintenance fuel levy. Constituency Development Fund Economic Stimulus Programme Fund Local own revenues Plot rents, Land rates & CILR SBPs & other regulatory fees. User charges Investment income Other Sources Loans Grants. Loans / borrowing Donations Contributions Sub-contracting Privatization Public Partnerships Private &
Women Enterprise Development Fund Youth Enterprise Development Fund Constituency Bursary Fund
Surplus revenue/renewals reserves -
National HIV AIDS Control (Global) Fund School Bursaries Fund
3.5.2 Intergovernmental Fiscal Transfers An Intergovernmental Fiscal Transfer System is an arrangement providing for sharing of the national tax revenue to the central and local governments. In Kenya, under the Local Authorities Transfer Fund (LATF) Act, local authorities receive 5% of the gross income tax revenue collected by the central government. Fiscal transfers of general tax revenue from the central government to the city council are currently in form of: a) A general management support Local Authority Transfer Fund (LATF) grant whose objective is enable the council equip itself appropriately, reduce its liabilities, maintain its stock of assets and pay for its operations. b) An earmarked Roads Maintenance Levy Fund (RMLF) grant for access roads maintenance. The amounts of LATF and RMLF grants have been increasing annually and these two have become the principle and most reliable source of revenue for the council. There are other transfers of the general tax revenue through specially created public funding channels to finance specific services or developments at local level. Examples of such transfers include the Constituency Development Fund (CDF), the Economic Stimulus Programme (ESP), the Women Enterprise Development Fund, the Youth Enterprise Development Fund, the Constituency Bursary Fund, etc. that supports activities and projects with potential to stimulate or revitalize and sustain national social and economic growth. Table x showing allocations meant for use in Nairobi over the years 2006/07 to 2008/09 by 61
only two of such funds may serve as a pointer to the magnitude of other public development funds available in the cit y area outside the councils budget. Table 2: Example-Allocations from CDF & ESP Funds: 2005/06 to 2009/10
Westlands Constituency Kshs Million Dagoretti Kshs Million Langata Kshs Million Others Kshs Million Total Kshs Million
Constituency Development Fund 2005 /06 2006 /07 2007 / 08 Economic Stimulus Programme Fund 2010 /11 for markets 10.42 9.93 10.00 41.42 72.09 27.26 37.77 38.00 28.63 39.66 39.90 28.87 39.81 40.10 145.41 201.44 202.68 230.16 318.68 320.68
About Kshs. 300Million is availed annually through the CDF to finance development projects in Nairobi. Another Kshs. 72Million was allocated in 2010/11 for construction / renovation of eight (8) markets for the City Council under the Economic Stimulus Programme (ESP), implemented through the Ministry of Local Government. 3.5.3 Ranking of Revenue Sources The following table shows the Councils revenue sources ranked in the order of their average annual yields over the three financial years 2006/2007 to 2008/2009. Table 3: Ranking of Main Sources of Revenue
2006/07 Revenue Sources Yield Kshs. (Million Central Government Grants Local Authority Transfer Fund (LATF) Roads Maintenance Levy Fund (RMLF) 1. Sub- total 1,350.40 500.50 1,850.90 1,531.80 740.70 2,272.50 1,708.70 1,141.70 2,850.40 1,530.30 794.30 2,324.60 18.9% 9.8% 28.8% 2007/08 Yield Kshs. (Million 2008/09 Yield Kshs. (Million) Average Yield Kshs. (Million) % of Total Revenue
62
Land rates Contribution in lieu of rates (Private) property rates 2. Sub-total User charges Motor vehicles parking fees & fines Market Fees House rents Water &Sewerage charges Cesses Others 3. Sub-total 575.30 187.70 95.80 191.80 1,085.60 2,136.20 634.20 325.00 2,165.40 3,124.60 941.00 167.10 537.70 201.70 134.80 2,093.80 4,075.70 716.83 226.60 211.17 131.17 44.80 1,781.6 3,112.17 8.9% 2.8% 2.6% 1.6% 0.6% 22.0% 38.5% 101.80 1,888.10 1,989.90 150.00 1,719.20 1,869.20 40.00 1,773.60 1,813.60 97.27 1,793.63 1,890.90 1.2% 22.2% 23.4%
4. Single business licenses / permits
666.80
771.50
832.20
756.83
9.4%
Total income
6,643.80
8,037.80
9,571.90
8,084.50
100%
About 52% of the city councils gross revenue derived from direct taxation of the citizen through allocation of grants out of the national tax revenue (29%) and through collection of local property taxes from the owners and users of land situated within the city (23%). The other (48%) of the councils revenue derived from licences, permits, fines and other compliance charges levied on businesses operating or located in the city area (9%) and from charges paid by the users of the services or facilities supplied by the council (39%) with more pronounced dependence parking fees, market fees and house rents. 3.5.4 Property taxes and Geo-referenced data base Land based charges and taxes are the most important own source of revenue for the Council. These include: i. Unimproved site value (USV) Rates and contributions in lieu of rates levied on land owned by private persons and government respectively in the city, and; Plot lease rents for occupation and use of public land within the city.
ii.
The Council has a rates section which is manned by staff who maintain rates registers and, together with the city inspectorate, follow-up on rates collection. The rates registers are based 63
on its valuation rolls and both are not up to date, especially regarding capture of changes arising from ownership, subdivision, registered use, and contact or physical address of owners of properties. Property taxes are levied on the owners or users of properties situated within the area of jurisdiction of the city. Property taxes are collected in the form of land rates when levied on private property or in form of contribution in lieu of rates (CILOR) when levied on state property. The council however finds it easier to enforce collection of rates on private properties than to collect CILR on state properties. The amount and timing of payment of CILR by government against known assessments at the end of each year are generally unpredictable. When assessing rates income due, the law allows Nairobi City Council to apply the approved property tax rate on either a) the unimproved site (land only) value of properties or b) the developed (land plus developments) value. The city council has however continues to applied the unimproved site value rate whose yields are much lower than the other available alternative. For instance, two adjacent properties, of the same size and located in the same planning zone, pay the same amount of tax even when one is not yet developed and the other is developed and more economically rewarding. The councils property tax registers, valuation rolls and physical planning registers are neither linked nor simultaneously up-dated to assist it in assessments and invoicing of property taxes due. To implement a property taxation system, up-to-date land information database that records all the properties in a city, e.g. structures location, owner, size, usage and occupancy needs to be developed. Such a database can be integrated with data collected by classical surveys of the area into digitized geo-referenced a maps showing all the properties identified and their sizes, number and levels of buildings, number of occupants buildings and other features such as roads, rivers, schools, recreational grounds, etc. Details on the map can be stored in a Geographical Information System (GIS) for quick retrieval and provide essential geo-data base for fixing tax rate and generating tax invoices 3.5.5 Single Business Permits The Local Government Act, Cap.265 empowers the city council to control or regulate certain trades, businesses, occupations and premises through issuance of licenses or permits at a fee. Such fees, collectively referred to as Single Business Permit amount to the fourth most important source of revenue for the council and raised about Kshs. 750Million (9% of total revenue) annually over the three year period 2006/07 to 2008/09. Single Business Permits (SBP) is a collective name for fees for licenses and permits issued in respect of trades, businesses and occupations controlled or regulated by the council. The 64
Council has a schedule of licences fees, last revised in 2009, and with fees grouped by type of business. Most licenses issued are for commercial activities in the categories retail, wholesale and petty commodity traders. These categorizations are too broad to conveniently accommodate the many different and unique characteristics of businesses in the city. A list of permits issued in any year is all the council has for a register of businesses operating in the city. This is unrealistic as there could be many more businesses operating without seeking licenses. It is advisable that each LA conducts a business survey to establish a business register as a basis for fixing levels of fees for various licenses. The register should be updated regularly and the fee structure should be reviewed at least every two years on the basis of costs involved in controlling or regulating particular trades and businesses. 3.5.6 User Charges User-charges are made up of fees paid by consumers for use of services or facilities offered by the city council and are levied on a pay as you use basis. The council has, with the approval of the Minister enacted by-laws and passed resolutions that empower it to charge the following fees:
Nursery / primary school fees slaughter fees market fees house rents market stall rents hire of refuse bins conservancy fees vehicle parking fees water/sanitation charges building plan approval; outdoor advertising charges; mortuary and burial services; and Property registration / survey fees Health, immunization fees Playgrounds, buildings stadium, and gardens hire fees Fire brigade, Ambulance fees
Building plan approval fees, building inspection fees, survey fees, clearance certificate fees, plot allotment fees, and a variety of application and submissions fees are compliance enforcement charges but are sometimes collected and accounted for as part of rates income. Revenue from user charges over the three year period 2006/07 to 2008/09 has been increasing from Kshs. 2.1Billion in 2006/07, to Kshs. 3.1Billion in 2007/08 and to Kshs. 3.9Billion in 2008/9. In relative terms user charge income was 31% of total council revenue in 2006/07, 39% in 2007.08 and 40% in 2008/09 as shown in the following table:-
65
Table 4: User Charge Revenue Collection Trend

Service 2006/07 Kshs. (Million) Sewerage (20%) on water bills Rental Housing Market fees Vehicles parking Others Total User charge revenue Total Council Revenue User charges as % of Total Revenue 191.80 95.80 187.70 575.30 990.60 2,041.20 6,644.60 31% 2007/08 Kshs. (Million) 325.00 634.20 2,165.40 3,124.60 8,037.80 39% 2008/09 Kshs. (Million) 201.70 537.70 167.10 941.00 2,026.60 3,874.10 9,571.90 40%
Each charge is expected to at least cover the cost of providing the service for which it is made. The City Councils is therefore expected to set the user charge rates and revise them regularly with a view to recovering the full cost of providing such services and facilities from their respective users. There was however a complaint that the Ministry takes unusually long to approve or decide otherwise on the councils proposals to revise its user charge rates. Council officers are also of the view that some user charges, especially house rents are ridiculously low compared to rents for similar housing in the market and that the related administrative, conservancy and sewerage overheads are not adequately factored into the rents charged. Each charge is expected to at least cover the cost of providing the service for which it is made. The City Councils is therefore expected to set the user charge rates and revise them regularly with a view to recovering the full cost of providing such services and facilities from their respective users. There was however a complaint that the Ministry takes unusually long to approve or decide otherwise on the councils proposals to revise its user charge rates. Vast opportunities exist for the council to enhance the percentage of user charges to total revenue. Council officers are of the view that house rents are ridiculously low compared to rents for similar housing in the market while the administration and charging for conservancy and sewerage services are not properly harmonized. 3.5.7 Pricing of Urban Services The review and approval of tariffs and fees do not take into account the effect of inflation on the cost of providing the services. In general, the costs of providing services have tended to rise more steeply than the growth of real revenues, a problem that stems from unrealistic tariffs in the schedule of fees and charges. For instance, the rent for a two bedroom flat in Woodley council estate is Ksh.4,200 per month while the rent charged by private developers 66
for similar apartments in the same estate is around Ksh.22,500 per month. The level of parking fees for motor vehicles in the public parking slots at Westlands, Lavington and Highridge is Ksh.140 while private parking charges are between Ksh.200 and 300 per day. The council reviews its schedule of fees and charges every year with a view adjusting them to reflect current costs and incomes and/or consolidating some fees to simplify administration. But, in the case of property taxes, the councils valuation r olls are not updated every 10 years as provided for in the Valuation for Rating Act. This means details on the valuation rolls are never up-dated to reflect increases in the number and valuation of properties. This retains tax revenue at a lower constant level than what the council would otherwise collect. There is also a general distrust in the relationship between the city authorities and the citizens attributed to lack of information, transparency, communication and dialogue. Most residents do not see a clear link between paying taxes and service improvements, leading to reduced incentives for compliance in paying taxes. 3.5.8 Public Private Partnerships (PPPs) and Privatization Absence or inefficient delivery of certain services by the city council has encouraged private firms or organized community groups to provide the services either as privatize businesses or as contracted businesses through Public Private Partnership (PPPs) arrangements. The city council has contracted private firms to manage collection and disposal of solid waste in some residential estates. Provision of serviced public land for development and lease by private entrepreneurs at reduced rents for a fixed term is another form PPP the city may consider. 3.5.9 Expenditure levels and trend Expenditure of the city council is classified as follows: Personnel Costs comprise salaries, wages, allowances and other employment or service benefits paid to the councils Councillors and administrative staff. Operational costs comprise expenditure on activities that contribute directly to the councils performance of its statutory mandate, namely satisfying the public services needs of its residents. Personnel costs of staff posted at the market, slaughter-house, stadium, cemetery, conservancy, roads and works sections are taken as operational for the purposes of analyses in this report. Maintenance (or repair) costs comprise expenditure incurred to sustain the condition and productive capacity of capital assets which the council owns and uses for the purposes, and in the course of providing services required by its residents. This category of expenditure ensures sustained level and quality of services rendered. Capital expenditure includes the cost of developing or buying new capital assets to either replace those that are worn out or to expand the productive capacity of the existing assets. 67
Debt Resolution is the value of payments made by the council towards reduction of its indebtedness to long-term lenders particularly the National Housing Corporation and the Kenya Local Government Loans Authority and to outstanding suppliers of goods and services.
Over the three financial years 2006/07 to 2008/09 (Table 5 below) the councils total expenditure was made up of personnel costs (45%), operations (13%), maintenance (4%), investment in assets (17%) and reduction of loans and liabilities (21%). Due to inadequacy of funds, most of the available resources were applied on personnel emoluments, sparing very little for services provision, maintenance of capital assets and investment for which relatively small expenditures were recorded. Allocation of negligible amounts for maintenance and repairs of the councils revenue generating facilities such as markets, slaughterhouses, social halls, playgrounds, and school buildings also explains the permanent run-down condition of these facilities. The following table analyses the councils expenditure over the three year period 2006/07 2008/09: Table7: Expenditure trend over the Period: 2006/07 - 2008/09
2006 / 2007 Kshs Millions Actual Current expenditure Civic costs Personnel costs Operations Maintenance Total : recurrent expenditure Non-current expenditure Assets acquisition Loans repayment Debts resolution-other liabilities Total: Non-current expenditure Total Expenditure Net Operating surplus (loss) Total Revenue 83.80 2,894.70 1,364.60 106.00 4,449.10 859.20 1,366.40 2,225.60 6,674.70 (30.10) 6,644.60 2007 / 2008 Kshs Millions Actual 71.90 3,702.70 989.90 12.70 4,777.20 1,172.30 2,120.30 3,292.60 8,069.80 (32.00) 8,037.80 2008 / 2009 Kshs Millions Actual 126.60 3,951.70 777.40 821.60 5,677.30 2,051.20 350.80 1,411.22 3,813.22 9,490.20 81.70 9,571.90 Average Kshs Millions Actual 94.10 3,516.37 1,043.97 313.43 4,967.87 1,360.90 116.93 1,632.64 3,110.47 8,078.34 6.43 8,084.77 % Total to total revenue 1.2% 43.5% 12.9% 3.9% 61.4% 16.8% 1.4% 20.2% 0.2%
A condition attached to disbursement of LATF grant requires the city council to demonstrate that it has used part of the current years grant towards reduction of debts owing in order to qualify for continued disbursement of the grants in the ensuing years. Spending about Kshs. 1.7Billion annually on debt resolution demonstrates the counc ils effort to comply with this condition. 68
3.5.10 Capital Expenditure on LASDAP Activities While the entire RMLF grant is applied on repair and opening up of access roads within the city, the LATF grant received plus revenue from own local sources less estimated expenditure on debt resolution, civic allowances, staff costs and on maintenance gives the net operating revenue or Resource Envelope available to finance programmed Local Authority Services Delivery Action Plan (LASDAP) activities. Table 6 summarizes financed by the Resource Envelopes for the years 2006/07 to 2008/09 Table 8: Capital Expenditures- Period 2006/07 to 2008/09
2006 / 2007 Kshs Millions Actual 1,366.40 442.30 169.40 5.00 76.90 101.10 27.60 12.80 13.50 5.10 5.50 2,225.60 1,350.40 500.50 374.70 2,225.60 2007 / 2008 Kshs Millions Actual 2,120.30 716.10 210.40 9.00 80.60 38.00 62.70 17.90 18.40 12.50 6.70 3,292.60 1,531.80 740.70 1,020.10 3,292.60 2008 / 2009 Kshs Millions Actual 1,762.02 1,316.40 173.59 342.30 54.10 11.50 69.90 32.90 18.90 6.30 16.60 8.80 3,813.31 1,708.70 1,141.70 962.91 3,813.31 Average Kshs Millions Actual 1,749.57 824.93 184.46 118.77 70.53 50.20 44.20 20.17 16.53 10.63 7.97 5.53 4.77 2.23 3,110.50 1,530.30 794.30 785.90 3,110.50
Actual to total revenue % 56.25 26.52 5.93 3.82 2.26 1.61 1.42 0.65 0.53 0.34 0.26 0.18 0.15 0.07 100.00 49.20 25.54 25.27 100.00
Debts resolution (loans, liabilities) Access roads Public (Street) lighting & traffic signals Other capital expenditure Purchase of new Vehicles and Equipment Bridges, foot bridges, drainage & paving slabs Education - schools rehabilitation/equipment Bus Parks & parking Health Land, premises & buildings Water & Sanitation Markets Sports / recreation Administrative support Total Source of capital expenditure financing LATF RM Levy Revenue from own sources
In Nairobi the Resource Envelope is divided on the basis of population among the wards of the city and the amount is entrusted with a Ward Committee presided over by the elected councillor for the area to oversee its use in financing implementation of activities and projects identified and prioritized through the LASDAP process for the areas falling under the ward. 3.5.11 Budgeting and Budgetary Control The council has adopted the Local Authorities Budget Guidelines and complies with the recommended LASDAP formats and procedures. The budgeting process involves determination of expected revenues which are then matched with estimated expenditure to give an indication of whether planned operations will a revenue surplus or a net expenditure (revenue deficit). 69
Each department prepares a budget request that is submitted to the City Treasurer who:a) Facilitates internal review and negotiations in consultation with the Heads of Departments, the Council and the wishes of residents gathered through the Local Authority Services Delivery Action Planning (LASDAP) process, and b) Consolidates departmental budgets in one council-wide budget. LASDAP is a local level three year rolling consultative planning process whereby the city council mobilizes its residents to participate in annual meetings to identify and prioritize the activities and projects that need to be undertaken to resolve their local services needs and also contribute to realization of some overriding national policy considerations such as poverty reduction and the needs of special interest groups. Further, the LATF performance measures included a condition that the council prepares and submits a revenue enhancement plan (REP) outlining the measures it plans to implement to increase its gross revenue in the ensuing financial year so that it qualifies for continued disbursement of the grant. It is expected that the target enhanced revenue yield should be harmonized with revenue estimates indicated in the approved budgets although there was no evidence that this had been done in Nairobi. The councils revenue estimates are based on the preceding years actual collection and therefore indicate the amount likely to collect under existing or assumed circumstances as opposed to the highest possible revenue the base can yield. For example, the council estimated property taxes revenue at Kshs. 1.72Billion in 2006/07, Kshs. 2.27Billion in 2007/08 and Kshs. 1.76Billion in 2008/09 when the rate struck and valuations of properties for rating purposes remained constant. Analysis of variances between actual and budget performance is never done to provide a basis for monitoring and controlling budget implementation in the course of the financial year. The only budgetary control element in place is a vote book whose purpose is to ensure expenditure does not exceed budget amounts. Its maintenance is however inconsistent as it is sometimes up dated long after expenditure is incurred. Concerning the realism of composition of the budget, analysis over the period 2006/07 to 2008/09 point to the fact that actual expenditure significantly vary from budgeted expenditure. This is because the council spends on unbudgeted activities and items causing relatively large negative variances as shown in the following table:
70
Table 9: Budget Variance Analysis - Period: 2006/07 - 2008/09

2006 / 2007 2006 / 2007 2007 / 2008 2007 / 2008 2008 / 2009 2008 / 2009 Averag e budget Kshs 000s Millions Varianc e +ve (ve) Varianc e /budget %
Kshs 000s Million s Budget
Kshs 000s Million s Actual
REVENUES Central Govt. Transfers LATF 1.38 Road Maintenance Levy Sub-total Local revenues Contribution in lieu of rates Property rates Single Business Permits 0.78 Market fees 0.20 Vehicle Parking Others Sub - total: revenues Total Revenues EXPENDITURE Civic costs Personnel costs 2.62 Operations 0.93 Maintenance Sub-total: recurrent exp Recurrent surplus (deficit) Capital expenditures Loans & Debts resolution (0.86) Surplus / (deficit) 1.07 (0.03) 0.54 (0.03) (1.37) (1.71) (2.12) (1.60) (1.86) (1.76) 0.08 0.36 0.73 0.12 3.72 0.11 4.45 0.16 5.77 0.01 4.78 1.04 6.87 0.82 5.68 0.13 0.48 1.36 1.41 0.99 1.59 0.78 0.27 2.89 4.11 3.70 4.12 3.95 own 4.47 6.35 4.79 6.64 6.73 9.00 5.77 8.04 4.77 7.68 5.76 8.08 0.44 0.41 1.66 0.58 1.37 3.25 0.19 0.39 0.33 0.63 2.17 2.15 0.23 0.17 0.94 2.97 (0.05) 0.67 0.72 0.77 0.53 0.83 0.08 0.50 1.88 0.50 1.85 0.74 2.27 0.74 2.27 1.18 2.91 1.14 2.85 (0.01) 0.03 1.35 1.53 1.53 1.73 1.71 (0.02)
-1.2% 39.8%
-5.2% 0.11 1.72 0.10 1.89 0.10 2.27 0.15 1.72 0.10 1.76 0.04 1.77 (0.01) -6.3% (0.12) 11.8% -16.7% 29.5% 0.16 20.5% 0.37
-8.2% 0.06 0.08 0.09 0.07 0.12 0.13 (0.01) 0.10 2.8% 20.3% 28.5%
2.62 (0.70)
2.19 (0.86)
3.23 (0.98)
3.26 (1.17)
0.81 (1.08)
3.90 (2.05)
0.08 -48.0% 0.44 -332.9%
71
The council rarely collect enough funds to enable it implement its budgets fully. Its operations more often than not result in revenue deficits even when corresponding budgets reflect surpluses. Even when the councils budget appears equitable in terms of in terms of resources allocation, at budget implementation, most of the available funds are used on the most pressing demands, particularly personnel emoluments, sparing very little or none at all for operations, maintenance and investment. This explains existence of a relatively small actual to budget variance on personnel costs and significant adverse variances occasioned by non-implementation of most of the budgeted operations and maintenance activities. Annually, the council fails to implement 20 to 30 percent of its budgeted maintenance and operations activities due inadequate funding. 3.5.12 Financial Records and Reports NCC has a comprehensive set of financial rules and regulations whose primary attention is on accountability for proper use of the public funds at the councils disposal are spent properly. It maintains: a) A record of all its financial transactions including receipts and payments b) Vote control books to direct use of available resource to budgeted purposes only c) Cash flow statement and schedules of creditors and of debtors annually as supporting schedules to budgets or annual financial statements. These records are maintained more to facilitate end of year statutory reporting than for providing a basis for continuous monitoring and evaluation of the councils financial performance. Information contained in the financial statements provide information that is useful for evaluating the councils ability to finance its activities, ability to meet its liabilities and other financial commitments and its performance in terms of service costs, efficiency and accomplishment and accountability to the public. Timely preparation and publication of annual financial reports of the preceding year is one of the conditions to be fulfilled for the council to qualify for allocation of LATF Grant in the ensuing year. For this reason the council has had all its annual abstracts of accounts prepared and audited within statutory deadlines. However the quality of the reports has been wanting as they have always attracted a qualified audit opinion for lack of credible valuations for its assets and liabilities. The council needs to: a) verify the nature, size, location and use and valuations of all its assets b) develop a fixed assets register, and c) confirm or reconcile the amounts of all its long and short tem liabilities 72
The council has not yet fully computerized its operations. It is since 2007 installing a computerized accounting and financial reporting programme through adoption of the Local Authority Integrated Financial Operational and Management System (LAIFOMS), an accounting software being developed by the KLGRP to address the unique accounting and other information needs of local authorities in Kenya. The council should ensure implementation of all accounting modules of the programme. 3.5.13 Performance Contracts The LATF performance measures have included a requirement for the council to prepare and submit a revenue enhancement plan (REP) outlining measures to be taken to increase its gross revenue in the ensuing financial year. Ideally, the targeted enhanced revenue yield should be based on the approved budgets but there was no evidence of efforts to harmonise the contents of the two documents. Performance targets for Councils and senior council officers are rarely based on the approved budgets, which form the basis of operations of all councils. Councillors and council officers take implementation of budgets more casually than striving to fulfil targets set in performance contracts. Performance contracts for councils and senior council officers should as far as possible be harmonized and implemented simultaneously with budgets. All sanctions and conditions applicable to fulfilments of performance contracts should apply to implementation of approved budgets.
73
3.6 Land Values 3.6.1 Overview Land is a composite good and the price paid for a piece of land reflects its various characteristics. These characteristics are not only related to infrastructure but also to its location. The set of location specific characteristics are tied to the parcel of land on which a development stands. Theory explains the price of land as 'pure space with accessibility' but the price of any parcel of land as directly observed incorporates the values of all the location specific characteristics with which it is endowed. Plots of urban land turn out on close examination to be seething with these location specific and valuable characteristics which are in sum so valuable that typically the market price of any plot is dominated by them rather than by its value as space with accessibility. Land values in the upmarket areas of Nairobi Metropolitan City have been rising with changes in Physical planning policies. The study areas are upmarket residential places in the boundaries of Nairobi City. Through adoption of various policies by the Local Authority, land values have since been escalating. Through such policies, proprietors are able to develop more residential units in a plot for sale thereby generating super-profits The study is aimed at dissecting the various aspects of land use planning and policies and the resultant effect on Land values in Old Western Nairobi and the adjacent areas. 3.6.2 Land Use Planning Planning is expected to guide and control the location of development rather than limit the supply of developable land. When land use regulations involve some form of growth management control, this raises development values since supply is relative to demand. The study focuses on the following areas:i. General landscape of land values
The areas of study have experienced an upward increase in land values that has come hand in hand with reduction of plot sizes to address rise in demand. However the demand in these areas has not been met making land values escalate continuously in the face of constant supply of land within a given estate and the ever increasing demand. ii. New developments
74
There has been active development of land and related infrastructure in Old Western Nairobi and the surrounding areas under study. These range from mainly commercial, offices and residential e.g. the Nakumatt Junction, the Office Park Riverside, Geothermal Development Company Office Block Riverside. Sankara Hotel in Westlands, Riara Road apartments, Kileleshwa N.H.C apartments, Othaya Villas and the Northern By Pass among others. Generally, these developments have greatly impacted on the land values of these areas. This calls for a need to incorporate a proper land use planning of Gigiri and Muthaiga North. This will aid in harmonisation of development and pioneer a better management of development in the area. iii. The valuation roll
The valuation roll acts as a record of property values in a certain region. With the resultant increase of land values in the study areas; a new and more efficient record needs to be put in place to capture the changes which have taken place over time. iv. Planning and valuation department
The planning department reports any changes on the ground either through sub divisions of plots, new buildings etc. This information is of vital importance to the valuation department as well in order to update its records. There is however a disconnect between the two departments with each working independently. A valuation surveyor can be incorporated to advice on the importance of mixing and complementing land uses in a single controlled area of planning e.g. a shopping mall in a residential estate. This will build on the goal towards a better development management. Therefore, there should be a co-ordination between the two departments to achieve Valuation best practices thereby giving up to-date information that is relevant and useful. v. the legal framework
There is a challenge in the legal framework in relation to the following:The life of the Valuation Roll The current life of the Valuation Roll is 10 years. But this has been frequently extended and it is now 30 years since the last review. This was prepared in 1982 about 20 years ago and it has not been revised since then. However a Valuation Roll was prepared in 2001 but this was shelved due to a public outcry due to the supposedly high values which would have meant higher Rates tax payment. Many changes have occurred in terms of property values in the study area. Here-below is a representative table showing a comparison of land values as per the 1982 Valuation Roll and the subsequent Supplementary Rolls based on the main Roll, the 2001 Roll that was shelved and the estimated current values year 2011
75
Location
Serial No.
L.R NO.s
AREA 1982 (a) 1983 (b) 1993 (c) 1996 (d) (a)357,500/= (a)200,000/=
U.S.V 2001 Roll that was shelved 2,206,000/= 15,518,000/= 2011 Approx. Current values 25m. 85m.
Hectares G/476 XX G/477 XX G/156 XX /1 G/132 XX /1 G/156 XX /1 J/67 XX J/68 XX J/68 XX G/100 XX G/101 XX 2/55 XX 2/18 XX 209/306 XX 209/299 XX 209/1229 XX 3734/11 XX 3734/12 XX 3734/11 XX 1870/VI/15 XX 1870/VI/19 XX 0.0410 0.3080
Acres 0.1013 0.760
Kilimani
0.279 0.223 0.278
0.689 0.551 0.686
(d)161,000/= (a)154,000/= (d)209,000/=
12,000,000/= 9,150,000/= 11,950,000/=
85m 70m. 85m.
Kileleshwa
0.450 0.302 0.356
1.113 0.747 0.880
(a)316,000/= (a)228,000/= (a)257,000/=
10,244,000/= 6,521,000/= 7,100,500/=
120m. 80m. 85m.
Lavington
0.220 0.2292
0.544 0.566
(a)142,500/= (a)147,000/=
11,256,000/= 11,711,000/=
120m. 120m.
Westlands
However, this is not reflected in the Valuation Roll due to lack of proper structures in the legal framework to revise the Roll when time falls due. It is therefore apparent that the City Council does not get the appropriate revenue to meet the ever rising demand of service by the growing population. The above table strongly supports a review of the legal system so that life of the Valuation Roll is reduced to less than ten (10) years. Unimproved Value Rating vs Improved Value Rating. The current Valuation for rating method in place is the USV. This method is applied with no regard to the massive changes in developments and carrying capacity per plot. A 0.75 acre plot in Kileleshwa may have 24-32 apartments while a similar plot in Lavington may have six (6) or four (4) townhouses developed on thereon. The developments are carried out after a change of user has been granted with a recommendation to review the rates. But this rarely happens. Further, with no regular revisions of the Valuation Roll, this has led low revenue base to the Local authority in terms of rates collection yet the higher densities in the demand
76
for more services in eg. Water, sewer, roads (connectivity) and social services like schools and health clinics. If rates were payable per apartment or per town house, the tax base would expand and the revenue would meet the City service demands. An example of some properties indicating the current Unimproved Site Value as compared to Improvement Rating returns here-below:Plot No. 330/x 330/x U.S.V 1982 rate Apartments Rates per value struck at 17% 326,000 142,000 62 20 unit 894/= 1,207/= of an Payable Rates per Unit 30,000 37,500
apartment 12,000,000 15,000,000
Note the changes in revenue using the USV and Improved method of rating. The following strategies can be adopted: Amend the Rating Act to invoke use of Improved Value as a method of rating Amend the law indicating zones where the Improved Rating method can be applied, Amendment to show instances where the Improved Value Rating should be selectively or not applied, Historically, the USV has been applied to encourage development. However, the study area has been almost comprehensively developed, hence the need to move from USV to Improved Value Rating. Spatial Planning & Change of use of Rateable Property The area under study has continuously changed user from low density to high density. The basis of valuation of the properties for rating was done before the change of user was granted. But the proprietors continue to pay the initial rates, whereas the properties have greatly increased in values. Yet, the Valuation Department is not updated as and when the Planning Department grants change of user. Therefore, this creates a loophole that leads to loss of revenue. For instance some of the properties in the study area which have undergone change of user and where there have been one house there could be 24 to 30 apartments or more as indicated above. vi. the human resource capacity There is a big challenge in the human resource capital in the local authority for purposes of updating the Valuation Roll and/or implementing Improvement Rating as follows:77
Valuation Roll is prepared by qualified Registered Valuers who are gazetted by the minister of Local Government. However, Professional members of staff are frequently leaving for greener pastures without replacement. There is lack of an integrated approach in the implementation of land use management systems to the benefit of the citizens whereby maximum benefits are derived by the property owners while the Council generates enough revenue to serve the citizens by having integrated information flow. There is no structured training of technical members of staff especially cartographers and draughtsmen and the current technicians who can amend maps have learnt on the job, hence they have some limitations as are not IT survey. the goodwill & infrastructure shared by neighbouring estates
vii.
The area under study is well serviced with good infrastructure such as roads, water, electricity, and other social amenities. Trickle down effects have been experienced in the neighbouring estates in terms of values whereby adjacent areas have spill over situations in terms of development when the estates in the study area are full. This is also reflected in terms of enjoying shorter commuting distances to focal points like shopping centres through the roads in the estates in the study area. A good example is Lavington West Estate that is within Kawangware but accessed through Lavington thereby benefitting from Lavington.
78
3.7 Transportation Sector 3.7.1 Background Information Transport is a key element in the infrastructure. It provides services essential for promoting development. It plays a significant role in influencing the pattern of distribution of economic activity and improving productivity. It acts as a life-line linking markets, educational and health institutions and all other activity centres, thereby establishing and promoting urban interactions. Urban interactions refer to the set of interrelationships, linkages and flows that occur to integrate and bind the pattern and behavior of individual land uses, groups and activities into the functioning entities. In Kenyan urban areas in general and in the city of Nairobi in particular, the most important integrating subsystem of transportation is the road or street network with the rail system playing a minimal role. The study area constituting the Old City/Western areas of Nairobi city has currently no railway network at all, hence the importance of road transport network. A well planned transport system should satisfy travel demand, minimize negative impacts and give wide options for movement of people and goods while meeting certain key objectives, namely; safety, efficiency, speed, comfort, convenience, economy and environmental compatibility. Mobility, however, is undergoing constant change in terms of both volume and spatial patterns. This is necessitated by land use and land use policy changes, population increase, economy and development dynamics, among others. The transportation infrastructure and indeed the whole transport system have to respond to this continual process of change. Where bottlenecks emerge, improvement measures need to be undertaken; such measures include traffic management, expansion of capacity, and re-design and expansion of junctions. At certain times, where no sufficient land has been reserved, land acquisition for such kind of improvement measures has to be undertaken. The key challenges besetting the current transport sector as identified by the National Integrated Transport Policy (Ministry of Transport, 2009), which obviously in great proportion reflect the transport problems being faced in the area of study, are: Poor quality of transport services Inappropriate modal split Unexploited regional role of the transport system Transport system not fully integrated Urban environmental pollution Lack of an urban/rural transport policy 79
Institutional deficiencies Inadequate human resource capacity Lack of a vision for the transport sector
The urbanization rate in Kenya projects a rapid urbanization rate which is increasing pressure on infrastructure and services in general and transportation in particular. During the 19891999 and the 1999-2009 inter-censual periods, the rate of growth of urban population increased from 8% in 1980s to 39.7 % in 2009 and is projected to reach over 50% by 2030. This rapid urbanization rate is increasing pressure on infrastructure and services in general and transportation in particular. The population of Nairobi alone has reached about 3.2 million residents with day time population of 4.5 million people (KNBS, 2008). According to the Kenya National Bureau of Statistics (KNBS) 2009 census, Nairobi alone had a total population of 3,138, 369, a figure which is lower than the day time population. Hence, cities and urban areas must not only meet the mobility needs of the population residing within their boundaries but also provide for the demand from transit and visiting traffic. This development has not been met with commensurate growth in urban transport infrastructure and services. Urban transport in the city is still characterized by inadequate supply of public transport (mostly buses and matatus), a large number of cars and Heavy Goods Vehicles (HGVs), heavy traffic congestion during peak hours, and stiff competition for limited road space among motorists, cyclists, pedestrians and handcart (mikokoteni) users. However, those utilizing non-motorized and intermediate means of transport (NMIMTs) such as bicycles, motorcycles and mikokoteni, and pedestrians risk their lives for there is no appropriate infrastructure for those modes of transport. The area of study is even much more affected in this respect since it was planned for low density high income residential development. The households in the study were presumed to own family automobiles and public transport played no significant role at all. With change in land use policy in these areas, especially due to permission of high density and intensified development, more critical look at the transport system and its infrastructure is required. Traffic congestion is further manifested in long queues of slow-moving vehicles and long waiting times. Poor physical planning has led to scarcity of parking space in the Nairobis CBD and other secondary commercial centres such as Westlands. Land use planning and change in land use policies have not been adequately integrated with transportation planning and infrastructure development. Mechanisms have not been put in place to ensure that transportation planning and infrastructure provision is adequately incorporated as an important and integrated parameter at the urban planning stage rather than being a consequential requirement. Clear examples from the study area are the newly developed Muthaiga North and Runda estates of Nairobi city.
80
3.7.2 Institutional Context The institutional and legal framework for the transport sector as a whole is currently not unified under a national transport authority or urban transport authority. The sector is governed by numerous statutes that fall under two broad categories, namely statutes affecting all sectors of the economy and sector-specific legislation. Institutionally also, different subsystems and sectors of the transport system fall under different authorities, Government ministries, departments and parastatals. The legal framework is currently not adequately able to facilitate the effective operations of the various entities they govern and to enhance harmony in the transport sector. Several transport parastatals operating under their specific statutes and are also subject to the State Corporations Act. They therefore experience lack of managerial autonomy and depend on decision-making by their respective Ministries and are burdened with bureaucracy. The institutional framework for the transport sector is fragmented in nature; therefore, the responsibilities of the institutions that govern the sector sometimes overlap with conflicts resulting in the process. The responsibility for Roads Infrastructure, which constitutes the greatest component of the urban transport system, is vested in the Ministry of Roads. With the enactment of the Kenya Roads Act 2007, three new Road Agencies have been established namely: the Kenya National Highways Authority (KeNHA) responsible for Class A, B and C roads; Kenya Rural Roads Authority (KeRRA) responsible for Class D, E and other roads and Kenya Urban Roads Authority (KURA) responsible for urban roads. The Kenya Roads Board (KRB) was established by an Act of Parliament in 1999 with the mandate of, among others, managing the road maintenance levy fund and other funds for road maintenance. It is now responsible for financing the maintenance of roads and undertaking technical audits. At policy level, the Ministry of transport is responsible for whole transport sector constituting all modes of travel, four major ones for passengers and bulk freight being rail, road, maritime and air. The Ministry of Local Government under which the Local Authorities operate play key role in the sector, especially in urban transport planning and infrastructure provision and transportation services management. The role the City Council of Nairobi in transportation infrastructure and services planning, provision and management is critical. The rail transport system is governed by the Kenya Railways Corporation (KRC). However, the mode is yet to make significant role in the movement of people and goods in Nairobi city. In fact, this mode currently does not serve the area of study at all. It is clear therefore that the sector has unclear management responsibility, uncoordinated transport infrastructure and inappropriate planning mechanism for development and maintenance. The current structure of governance for the transport sector is not equipped to deal with the problems of urban transport; the structure does not provide for the right coordination mechanisms to deal with urban transport. It may therefore be necessary for the Government to set up a unified Metropolitan Transport Authority to facilitate more coordinated planning and implementation of urban transport programs and projects and an integrated management of urban transport systems. 81
The Government of Kenya (GoK)
Policy Level Ministry of Transport Ministry Of Roads Ministry of Local Government Ministry of Nairobi Metropolitan Development
Regulation & Infrastructure Provision
Parastatals, Corporations, and Govt Departments
Transport Licensing Board (TLB)
Kenya Roads Agencies: KeNHA, KeRRA, KURA
Kenya Roads Board (KRB)
Local Authorities e.g. City Council of Nairobi (CCN)
Local Authorities within the Metropolis ( ??)
Service Providers Transport Providers
Figure 1: The general institutional and legal framework structure
3.7.3 Justification Why this Area Requires a new Transportation Strategy Urbanisation in Kenya has been developing rapidly since independence. During the 82
1969-1989 and the 1989-1999 inter-censual periods, the rate of growth of urban population increased from 8 % in 1980s to over 34 % in 2003 and is projected to reach over 50% by 2020 and over 60% by 2030. The population of Nairobi city alone has grown over the years at much higher rate than all the urban areas in Kenya. According to the Kenya National Bureau of Statistics (KNBS) 2009 census, Nairobi had a total population of 3,138, 369. This is close to the earlier projection of about 3.2 million residents (2009), with a day time population of 4.5 million people. This has resulted in increasing pressure on infrastructure and transport services. If this trend continues, it is estimated that the Nairobi Metropolitan region will have a population of 8 million by the year 2012 and 14million by the year 2030 (GoK, 2008) exerting even much pressure on the Nairobis urban infrastructure and transport system. The area of study is has absorbed a lot of this expanding population of Nairobi city. Land use density is another factor that has continued to influence performance of the transport system of the city, especially the part of the city under study. This is because the study area has experience tremendous changes in land use and development control policies, especially for residential development. This area has witnessed many land use changes in from residential to commercial (majority of which as office building) and mixed land uses. Former residential areas have been converted to commercial use and office buildings; there are also cases of big commercial buildings such as super markets and multi storey office blocks with shopping malls at the ground floor. These land use changes have been taking place against a backdrop of no significant changes in the transport system and infrastructure serving these areas. It must be noted that these areas have been hither to only low density residential areas with a transport system and infrastructure designed for only that level of population. Yet the area has witnessed increased densification through construction of highrise buildings for residential and commercial purposes through the approved land use changes in 2000, 2001, 2002, and 2003. With reference to the transportation system, it is noted that land use changes have also occurred along the main transport corridors within the study area, including along Ngong road, Waiyaki way, Kiambu road and Nairobi-Thika highway resulting into heavy traffic generation and congestion. Consequently, the traffic diverts to escape route from traffic congestion and jam into the study area causing snarl up in the area. Historically, the bigger part of the study area was segregated as European zones during the colonial period; in the post independence era the former European zones are now the zones for the high income areas with infrastructure and mobility for the private car. With the kind of land use and population mix and the rate of increase of car ownership, there is need to establish the transportation issues arising and determine the extent to which the transport system this area in no longer sustainable and incapable of providing efficient, cost effective, reliable, safe, secure, integrated and all inclusive mobility as envisioned for the city and the country by the National Integrated Transport policy. This study is therefore useful in assessing the transport situation in the area with a view to developing an integrated transport strategy for the area. This study is therefore timely because it will comprehensively evaluate the transport problems in the study area in the context of the whole city and in the context of the Nairobi 83
Metropolitan region; it will then make proposals for improved transportation in the study area and prepare transportation plan whose implementation will form part of the effort to attain the ideals of Vision 2030. 3.7.4 The Historical Development of Transportation Sector in Nairobi and The Study Area The study area, the Old City/Western areas, are an important part of Nairobi city. The City of Nairobi owes its birth and growth to the Kenya-Uganda railway. The railhead reached Nairobi in May 1899 enroute to the present day Kisumu, In 1907, Nairobi was made the capital of Kenya and later, in 1950, became a city. The Nairobi Municipal Committee Regulations of 1960 defined the initial boundaries for the then Nairobi town. Nairobis functions have developed and expanded such that today it has achieved an overwhelming dominance in the political, social, cultural and economic life of the people of Kenya and the whole of the Eastern Africa region. The evolution of transport in Nairobi is closely linked to its colonial and post colonial history and its political, social, economic and geographical interactions. Colonialism and its political legacy have had major negative and positive effects on the modern transport policies of, and much of the development of post-independence transport systems in East Africa. Urban land use development portrays a classic example of colonial influence. For example, street layout, residential location, CBD location, racial residential separation and architectural peculiarities portray colonial and alien planning concepts. These concepts have inevitably influenced the urban transport system. During the colonial period, the configuration of urban centres in Nairobi was essentially tripartite in character with Europeans, Asians and Africans occupying different residential zones and making contacts mainly on official and business matters. Within this configuration, the residential areas of the Europeans, which were sited on the low density and better side of the urban centre were well-served with communication and transportation facilities. The facilities also suited the socio-economic status of the population residing in this area. The households were of high income and owned personal family automobiles for transportation. Therefore, they were relatively trouble free in terms of movement problems. Obviously there were no need for urban public transport system in this area and facilities for the same were not necessary. Moreover, the facilities were also suited for serving low-density development area and small household sizes. Typically, the earliest urban form pattern in 1920s Nairobi was dominated by a major trunk road commencing from the CBD to the upland with a spur to industrial area. Meanwhile, the African residential areas were left to develop away from the major trunk road. These accommodated the vast majority of the East African urban population and were characterized by poor transport. The continuous flow of rural migrants into these residential areas accentuated their already high residential density levels, which were incessantly increasing.
84
Characteristically, however, this growth in the population of the Africans did not immediately manifest itself in many additional journeys from their residential zones to other parts of the urban centres, since most migrants confined themselves within their residential locations close to the CBD and industrial zones. Sustenance revolved around activities within their residential areas and use of non-motorized means of transport, especially moving on foot or on newly bought bicycles, leaving the more established members working further away to commute daily. This state of affairs partly accounted for the relatively trouble free movement of people during the colonial period and the generally lower demand for transport services then. Motorized public transport commenced operations in the 1930s with only a few buses, which were just enough to serve the existing populations transport demand. Moreover, most African residential areas were within walking distance to the CBD, therefore walking was a predominant mode for the Africans. The need for transport services increased as urbanization expanded and the number of well to do Africans increased. Within the African residential zones, motorization levels slowly increased as Africans hired and bought vans mainly to bring foodstuff from the rural areas to feed the growing population. This led to an emergence of informal public transport services within these areas and these became very common as African residential areas grew and travel demand increased. It is during this period that matatus emerged, especially in the 1950s, when they were mainly used in transporting residents of Afrian neighborhoods to the nearby rural villages. The word matatu is derived from the local term mangotore matatu meaning thirty cents which was the standard fare charged then (Aduwo, 1990; Obudho, 1988). By 1928, Nairobi city was the most motorridden urban centre in the world proportionately to its European population. This high private vehicle ownership contributed to the early thinning out of many urban centres in East Africa. It also presented one of the major transportation problems of the day; other problems being how to improve road access to the industrial area, and how to accommodate the increasing motorization which was mainly focused or centred towards the CBD (Obudho, 1992). Towards independence in 1963, deterioration in the infrastructural facilities began. This was partly due to the gradual running down of the colonial investment in Kenya, increasing urban population, and the scarcity of resources in general. As independence approached, more and more Africans were assimilated into the roles and functions being left vacant by the departing colonialists. There soon emerged elitist groups who developed values and aspirations so similar to those of previous colonialists. They aspired, for example, for car ownership while in the case of some civil servants and private sector employees this was further encouraged through the provision of loans to assist in motor vehicle purchases. This period saw a further increase in car ownership levels with a growth rate level of between 8 and 18 per annum during the period 1960-1970. The Nairobi Metropolitan Growth Strategy Report estimated that the household car ownership in Nairobi was 0.36 vehicles per household, with each household generating 6.85 trips (AMV, 1974). The same study showed that 47.2% of the trips were through non-motorized transport trips, 39.1% through private vehicle and 13.7% through public transport.
85
The resultant post-independence movement patterns together with the additional travel demands generated mainly by an increased migration from rural areas exerted pressure on the urban form and its infrastructure, which was ill-equipped to serve them. A major problem has been the centralization of activities in the CBD, which by 1980s was estimated to employ over 75% of commuters. This area has for a long time been a victim of numerous traffic problems, more so due to lack of space even within its vicinity (Obudho, 1997). The post-independence period also witnessed a relaxation (not by design) of traffic regulations, parking restrictions, and land-use control. Therefore, within a few years after independence much of the previously formalized land-use urban pattern previously superimposed on the original settlement structure was eroded (Obudho, 1997). Since the 1970s, a large proportion of the low income transport users live further away from the CBD, partly due to such factors as introduction of such housing schemes as the site and service schemes and the general policy of demolishing squatter settlements near the CBD to give way to other developments (Obudho and Aduwo 1989b; Obudho and Mhalanga 1988). Apparently, neighbourhoods that were specifically for African settlement and located away from the CBD are now part of the outer core. Numerous other neighbourhoods have sprung up in far off places and developed into congested settlements with hundreds of thousands of residents. Nairobi has also expanded to include peri-urban settlements and suburbs, which are today undergoing most rapid rates of expansion. This expansion has seen the coming up of many residential areas/estates in the city area as well as densification of mixed development, such as the case in most of the areas of zones 3, 4 and 5 of the Old city/Western study area. This expansion, however, has been unmatched by a similar expansion in the communication and transport facilities and services. An indication of the transport services provided by the formal transport operators can be seen from the following: in Nairobi, the number grew from 4,983 in 1988 to 5,769 in 1991. Given this level of service provided by the main transport enterprises, the population resorts to informal transport or to walkingunless they have bicycles ( 1-2%) or they have access to private vehicles (which are very few) or to transport provided by employers (which also very few have). In 1987, 20% of the total daily trips were by informal, 30% walked (ILO, 1991). Given these indications, the importance of re-looking at the transport system cannot be overemphasized. The hitherto predominantly low density residential areas (such as study zones 3, 4 and 5) of Old city/Western study area have since become predominantly high density development areas due to change in development control and land use policies resulting in high density and intensification of land uses. The policy changes were preceded by the policy of the Government in the 1980s to sell low density public residential lots then occupied by civil servants and the public officers. The majority of those who bought the public lot began a redevelopment process for high density land uses. Mixed land use came in place of predominantly residential development. The use of private cars by the rapidly increasing number of households and resident population on same the same transportation facilities and infrastructure (in terms of sizes, design and capacity) has increasing compounded transportation problems (such congestion, road crashes/accidents infrastructure 86
deterioration and system inefficiency). These problems have affected almost all the study, even as more and more traffic also divert from their main routes to seek escape routes through these zones to their destinations. The urban transport system in the area of study is exclusively road transport system. There are significant differences in the relative age of the road sector legal framework and legislation. The various legal texts represent different stages in official thinking on road management and financing. The oldest (the Public Roads and Roads of Access Act) reflects the assumption that roads are public goods managed and financed by the central government from general tax revenue. The Local Government Act, Cap 265, of 1986(1978) also vests the powers of managing urban roads with the Nairobi City Council, while the Street Adoption Act, Cap 406, allows the participation of the private sector in road financing in partnership with the Council. In 1984, the Public Roads Toll Act introduced alternative revenue sources for roads by mandating collection of toll revenue by public officers. In 1993, the Road Maintenance Levy Fund Act gave statutory recognition to the need for a direct link between road use and pricing through the introduction of the fuel levy. However, this does not take into account the externalities generated from increased motorization. The Kenya Roads Board Act of 1999 introduced the concept that private sector road users must have a direct say in how the monies they pay is utilized on roads. Even with the introduction of the fuel levy and Kenya Roads Board, the collected revenues are inadequate to meet the infrastructure backlog of rehabilitation and maintenance of existing roads in the country and within local authorities. Finances for new road construction and capacity expansion are therefore not available from the current legal regime in the country. Another challenge posed by inadequacy of the legal regime in infrastructure financing is scarcity of financing non-motorized infrastructure and public transport infrastructure. In the phased development of the legislation, relationships between old and new provisions were not considered and repeal provisions were not always considered. This contributes to uncertainties in definition of roles, and is not conducive to an alternative investment environment. Railway infrastructure and transport service is regulated by the Kenya Railway Corporation Act Cap 397 {1986 (1979)}. Any private use of the railway by other service providers is prohibited by the Act, section 19, besides the construction and maintenance of railway infrastructure. Within the City Council, the Local Government Act allows for either the provision of public transport by the Council or through an agreement with a private provider of the service. The evolution of the Matatu as a form of urban transport through a presidential decree in the 1970s was and has been illegal. There was no agreement between the Council and the individual operators of Matatus. This also applies to the introduction of the railway commuter service. Regulation of transport service is done through the Traffic Act, Cap 403 [1993 (1988)], and the Transport Licensing Act, Cap 404 [1979 (1962)]. The laws and regulations prohibit driving under the influence of alcohol and drugs (section 44/45 of Cap 403), emission of smoke and spark (regulation 27 of Cap 403), maximum driving not more than hours 8 per 87
day, within a twenty four hour period (Section 66A Cap 403), and eye sight issues (driver must be able to identify motor vehicle plate at a distance of 25 meters away {section 31(i) (c)}, and finally issues of speed limits are also given (section 42 of Cap 403). The enforcement of the above has rather been arbitrary and not consistent due to paucity of measurement tools. It is imperative therefore to note that that any lasting solution that will revolutionize the urban transport system for efficient urban and national development must take into consideration these gaps and problems in the urban transport supply, of which the policy and legal framework is a critical component. The other relevant legal provisions and statutes for the transport sector include: The Land Control Act Cap 295, Physical Planning Act Cap 286, Local authority by laws, Government Land Act Cap 280, Trust Lands Act Cap 288 These Acts are relevant particularly with respect to land acquisition for the public purpose of expanding infrastructure; this has not been provided in the legal statutes for the management of infrastructure. Kenya Railways Corporation has an advantage because the Kenya Railway Corporations Act allows it to acquire and manage the land. The diversity in and wide range of road sector related statutes and statutory instruments, governments circulars, local authority bylaws and policies pose a potential for duplication, contradiction and conflict (Transport Policy, 2009). A look at the institutional and legal framework reveals a number of issues arising. Many of the sector-specific laws are outdated and require urgent review to facilitate the effective operations of the entities they govern and to enhance harmony in the transport sector. Several transport parastatals are operating under their specific statutes and are also subject to the State Corporations Act. They therefore experience lack of managerial autonomy and depend on decision-making by their respective Ministries and are burdened with bureaucracy. Relevant laws governing transport will require amendment while substantial privatization needs to be considered for some of the transport parastatals. It is the concern of the Government over the fragmented nature of the legal and institutional framework for the transport sector that, with regard to road transport, for instance, it considered that the establishment of the Kenya Roads Board in 2000 and the enacted the Kenya Roads Act in 2007 which established the Kenya National Highways Authority (KeNHA), the Kenya Urban Roads Authority (KURA) and the Kenya Rural Roads Authority (KeRRA) in an attempt to improve the legal and institutional framework for road development and maintenance. 3.7.5 The Planning Area in Context The study area, the Old city/Western areas of Nairobi, constitutes the zones 3, 4 and 5. The total area of the three zones is approximately 40,000 hectares. These zones fall within what is currently known as Westlands constituency and Westlands District of Nairobi city within the Nairobi Metropolitan region. The zones 3, 4 and 5 constitute the neighbourhoods including the following: Zone 3 Parklands, City Park Estate and Westlands (which includes the Westlands CBD area and the 88
Museum Hill area); zone 4 - Lower Spring Valley, Riverside Drive, Kileleshwa, Kilimani, Thompson and Woodley/Ngong Road; and zone 4 - Upper Spring Valley, Kyuna, Loresho and Lavington/Bernard Estate. The last policy intervention undertaken in 1987 in Zones 3, 4 and 5 anticipated a population target of 300,000 people. The construction industry yielded very low performance due to the economic slump in the 1990s. However, with sustained economic recovery and progressive growth in the beginning of the year 2000, the zones have experienced rapid development more than ever before. The development in the area has mainly been the high rise residential, commercial and office developments. Major commercial and office developments and residential apartments which generate huge traffic volumes along arterial routes have been haphazardly located within the general area thus resulting in traffic congestion and other inconveniences such as inadequate parking, blockage of access to individual housing, noise and air pollution. The development of highrise residential, commercial and office developments results in lack of privacy where these overlook low density low-rise housing. Ribbon development is also common along main arteries such as Ngong Road and Waiyaki Way. The Nairobi Hill area and Westlands have increasingly grown into alternative central business areas of Nairobi without the necessary infrastructural reconfiguration. Ngong Road, Lenana and Argwings Kodhek Roads are rapidly growing into lineal office parks/commercial zones with intermittent nodal and nucleic hubs of shopping malls. Kileleshwa is rapidly growing into a high density middle class residential neighbourhood without the attendant infrastructural upgrading. The maps given in Figures 2 and 3 give the location of the study area within the context of the Nairobi City and Nairobi Metropolitan Region transportation networks respectively.
The historical overview of the study area with respect to Transportation In 1927, the colonial administration made a plan for a settler capital with the main guiding concepts being extensive traffic regularization to match the increased land area, drainage and swamp clearance, building and density regulation. The plan was also based on racial and class segregation. In 1948 a master plan for the colonial capital was prepared, also based on segregation by race and class. The main spatial structure of the plan was the establishment of neighbourhood units for the working classes, which was segregated for purposes of surveillance and dominance. The 1927 and 1948 plans were however never fully implemented (realized), as the amount of capital outlay required for their implementation was never allocated. Within this tripartite and segregate configuration, the residential areas of the Europeans, which were sited on the low density and better side of the urban centre were well-served with communication and transportation facilities. The facilities also suited the socio-economic status of the population residing in this area. The households were of high income and owned 89
personal family automobiles for transportation. Therefore, they were relatively trouble free in terms of movement problems. Obviously there were no need for urban public transport system in this area and facilities for the same were not necessary. Moreover, the facilities suited for serving low-density development area and small household sizes were provided. This is particularly true for the study area zones 3, 4 and 5. In 1973, the Metropolitan Growth Strategy (MGS) was prepared by the Nairobi Urban Study Group and funded by the Nairobi City Council (NCC), the Kenya Government, the World Bank and the United Nations. The Metropolitan growth Strategy was not fully implemented due to inadequacy of resources. However, it formed the basis of investment in development of various forms of infrastructure facilities and services. The study area zones 3, 4 and 5 were all planned for low density residential areas with secondary and neighbourhood commercial centres to serve the neighbourhoods with low population. Their roads planned and provided for these zones were for movement of vehicles into and within the low density residential areas, Typically, the roads provided for the transport system in the study area were narrow, of narrow road reserves and were 2-lane 2-way traffic roads. They were of almost one hierarchical level. No sufficient road reserve space for expansion was left. They were facilities meant for private car with no bus stops for public transport and no integration with facilities for non-motorized and intermediate modes of transport (NMIMT) such as pedestrian paths/walkways and cycle paths. Following the 1973 Metropolitan Growth Strategy Plan, the City Council prepared a local zoning plan for the entire city, showing a total of 20 zones which has formed the basis of development, guidance, facilitation and control. The study zones 3, 4, and 5 are part of these 20 zones, The last development policy intervention undertaken in 1987 in Zones 3, 4 and 5 anticipated a population target of 300,000 people. This intervention allowed more relaxed development control and change of user policies. There has therefore been sustained intensification and high density development, with many more development applications for the same pouring in. With economic recovery and progressive growth in the beginning of the year 2000, the zones have experienced rapid development more than ever before. Yet the transportation facilities and infrastructure service have by and large remained the same. There has not been any attempt even to provide suitable facilities and bus stops for public transport system in the study area, despite the increasing mixed land use and socio-economic characteristics of the population in the area. Following the completion of the study on Master Plan for Urban Transport in the Nairobi Metropolitan Area (NUTRANS) funded by the Government of Kenya, Ministry of Roads and the Japanese International Cooperation Agency (JICA) carried out by Katahira and Engineers International in 2006, the Government through the Kenya Urban Roads Transport Authority (KURA) and the Ministry of Nairobi Metropolitan Development has embarked on development of the missing road links in the area of study. The construction of three of those 90
roads are underway, namely; the Waiyaki way Red-Hill link, the UNEP Ruaka road Runda road link and the Lenana road James Gichuru road link, among others. This development should make trips wit in the study area zones shorter due do both length of the routes and the alleviation of congestion. Of interest for the study area also is the development of the eastern by-pass from JKIA, across Nairobi-Thika highway through the area of study to Limuru road, leading traffic to Naivasha road. 3.7.6 Spatial Analysis of Transportation System of the Planning Area The Missing road links in spatial analysis The study on Master Plan for Urban Transport in the Nairobi Metropolitan Area (NUTRANS) (Katahira and Engineers International, 2006) identified several missing road links within the Nairobi Metropolitan region, a number of which are found in the study area. The missing links 3, 6 and 7, namely, the Turbo road - Lenana road Kileleshwa ring road James Gichuru road links from study zone 4 to zone 5. The construction of the Missing Links No.3, 6, and 7 is currently underway to connect each separated residential zones and to form a western part of urban radial and circumferential network system which will increase accessibility for mitigating traffic congestions. The other missing road links identified in the study are Missing Links No. 15a, 15b and 15c from Westlands to Gigiri (within the study zones 3 and 13 and 20B). The Missing Link No. 15a and 15b are under construction while No.15c through Karura Forest will begin after agreement with the forest authorities is reached. It should, however, be noted that this area is of difficult and inflexible terrain with a lot of construction constraints, including the Karura forest. The other missing links being constructed are the UNEP Avenue Ruaka road Kiambu road under passing the Eastern by-pass (in the study zone 13). The other missing road link under construction is in Parklands (study zone 3). The Eastern by-pass from Jomo Kenyatta Airport, across Nairobi-Thika highway at Ruiru passes through the study area zone 13; its completion is however equally important for the zones 3, 4 and 5 for it will provide efficient traffic connection to other areas outside the study area. The completion of the construction of these missing road links to design, fully integrated with NMIMT facilities, will give some relief to this rapidly developing study area. A transect survey revealed, however, that the road reserves for the links 3, 6 and 7 are still narrow and it remains to be seen whether the roads will be fully integrated with NMIMT facilities. The storm water drainage in spatial analysis In the transect survey and during the stakeholders forum discussions, it was found that storm water drainage is a critical problem on the usability of roads in the study area. Drainage systems are blocked making surface water run-offs to over flow the roads hampering traffic flow. Maintenance of the drainage system seems to be a problem compromising the 91
efficiency of the functionality of the roads during rains. This also leads to erosion and quick deterioration of the roads and streets. This always results in poor environmental quality. During the stakeholders forum, a numbers of examples were given where the drainage systems are a problem. The widely acknowledged example, however, was the Waiyaki way. Spatial analysis of congestion and quality of road transportation system Narrow roads and reserves A transect survey of the transport network of the road transport system revealed that all the roads of the study area, with exception of only the Waiyaki way, were narrow with narrow road reserves, posing a stringent constraint to any form of expansion of the roads in the area unless good partnerships are built with the residents and lot owners and their associations to contribute land. This is due to the fact that this is an already built-up and fully developed area. The other option is conditional approval of development proposals in a strategic manner. All the roads in the study area, with exception of the Waiyaki way, are not only narrow but also 2-lane two-way traffic roads. This increases the occurrences of bottles necks and road crashes and accidents. Inadequate integration of the roads with NMMIT and public transport system All the roads in the study area and/or abutting the study area, with exception of Ngong road, Waiyaki Way and perhaps Limuru road which has recently developed with narrow walkways, have all not been integrated with NMIMT and public transport facilities. Cycle and footpaths and walks are absent. NMIMTs share the same travel way with motorized vehicles. Given the different speed capacities, NMIMTs slow down motorized traffic, gradually increasing density, reducing flow and resulting in congestion and traffic jam. This sharing of the travel way between the motorized traffic and NMIMTs also results in road crashes and accidents as a result of conflicts among the mixed traffic. Although most of the roads are being plied by public service vehicles, they are narrow and have no designated public service vehicle bus stops, only narrow/small makeshift bus stops are utilized by PSVs. The PSVs thus stop right on the road thereby blocking other traffic that is moving through to their destinations. This is again a serious cause of congestion and system inefficiency. Bottlenecks at junctions In the study area, both the residential neighbourhoods and commercial centres are structured with a grid system of road network. The grid network, though good for residential neighbourhoods, experiences junction dysfunctions as the rate of motorization increases. The direct linkage of the grid neighbourhoods to various transport corridors or primary roads creates a lot of unnecessary intersections that interfere with traffic flow, therefore reducing 92
the efficient flow of traffic on arterial roads and other heavy traffic roads. The junctions in the study area are increasing becoming bottlenecks as traffic volumes traversing these roads increase. These may necessitate the redesign of these junctions. Measuring traffic congestion The volume to capacity (V/C) ratio was used to establish the congestion levels on the various key roads in the study area. In order to compute the V/C ratio, the assigned volumes on the road network was divided by the capacity of the corresponding road links. Based on the analysis and computation of the V/C ratio, the road transport system performance has been evaluated to determine occurrence of congestion. The results for the year 2010 for a subset of links in the study area are given in Table 1(as derived from traffic volumes in Appendix 1). Table 1: The volume/capacity (V/C) ratio congestion measure Road Name Ngong Road Chiromo Road Limuru Road /Muthaiga Road Kiambu Road Waiyaki Way Parklands Road James Gichuru road Lower kabete road Arghwsings kodhek Chiromo road Naivasha road Forest Road V/Ratio 2010 4.79 2.71 1.98 0.46 3.62 4.42 1.98 1.29 2.75 2.71 4.37 8.83 System operation performance Congested; over capacity Congested; over capacity Congested; over capacity Uncongested; below capacity Congested; over capacity Congested; over capacity Congested; over capacity Congested; over capacity Congested; over capacity Congested; over capacity Congested; over capacity Congested; over capacity
The results for 2010 indicate that majority of the roads under analysis in the study area and the neighbouring roads were operating above capacity meaning they were experiencing congestion. The Forest road, neighbouring the study area presents the worst case with a V/C ratio of 8.83 while Kiambu Road was operating below the capacity with a V/C ratio of 0.46. The performance of the roads is not satisfactory at all. This means that if nothing is done about the congestion situation in the study area, the congestion levels are set to continue rising to unmanageable levels resulting in gridlock. Diversion of traffic from the congested roads such as Naivasha road, Ngong road, Waiyaki road and Thika road into the roads within the study area such as James Gichuru road, Argwings Kodhek road and others (in study zones 3, 4 and 5) and into Ruaka and Runda roads (in study zones 6, 13 and 20B) are not making matters any better. The trend is only transferring the congestion being experienced in the citys central business district (CBD) and the neighbouring congested primary distributor roads and highways to the roads in the study area.
93
3.7.7 Trip Generation in the Planning Area in the City Context The trip generation modeling makes use of land use and socioeconomic data such as population, household size, household income, employment, school/college enrolment, and developed commercial or industrial land area to determine the number of trips produced by and attracted to analysis zones. The socio economic data is projected into the future based on existing growth rates derived from census data. The quantities of the trips produced and attracted to each zone are taken as symmetrical meaning that the total trips attracted should equal the total trips produced (where fully constrained modeling is used). The explanation for this is that the basic requirement for travel is produced at one end of the trip, typically the home, and is then attracted to a particular zone which will meet the purpose of the journey. This step makes use of regression models or cross classification analysis. For this generation analysis used the multiple regression models. Land use and socio economic data required for modeling here included the traffic analysis zones (TAZs) for the study area; these provided one of the main inputs for the model. Some of the attributes of interest were population (age 5 years and above), number of students, number of workers, income, car ownership among others. Due to the time constraints, the calibration data was sourced from calibration reports of existing transport modeling studies conducted for Nairobi (NUTRANS) by the Katahira and Engineers International (2006) as opposed to the standard practice of primary data collection through household travel surveys. The analysis applied coefficients from the reviewed models to build a travel demand model which was used to analyze trip generation for the study area. It should be clear, however, that TAZs used by NUTRANS are at variance with the zones into which the study area is divided; while the NUTRANS zones followed administrative boundaries (sub-locations, locations, divisions/constituency), the zones into which the study area is divided followed closely the zones that were used by the Nairobi Urban Growth Strategy Study of 1974. The data available from NUTRANS could therefore not be used for refined and high level detailed analysis of the study area at zonal level; it is only possible to aggregate the study area zones into one TAZ, Westlands, and carry out demand modeling of the area a TAZ of the greater Nairobi city. Analysis at this global level is less accurate but is sufficient for demand analysis purposes for the study area. The spatial coverage of the TAZs was based on the administrative units of locations in NMR which made up a total of 97 TAZs. Attribute data for population above the age of 5 years and for students at school base was derived from the 2009 population census while attribute data for the workers at office base was derived from the NUTRANS report. All attribute data was collected at the administrative unit level of sub locations and was later aggregated to location level for analysis. Forecasts were made to the year 2030 for the three attributes of interest. Compounded annual growth rates (CAGR) of 3.9% for Nairobi city were used to forecast the population to the year 2030 (Gachanja, 2011).
94
The trip generation modeling constitutes modeling trip attractions and trip distributions. The trip productions and attractions for each TAZ were divided into four categories based on purpose namely: Home trips bound for home Work- work based trips School- trips to school Others- other trips such as leisure and shopping
The NUTRANS report provided the estimated linear regression trip generation model and the parameters are shown in the Table 2 below. The coefficients were operationalised in the modeling analysis in order to determine the tri generation for the study area and the other zones of Nairobi city. Table 2: Trip generation model parameters Trip purpose Model type Populaton5& Above Worker at office base Student at enrolment base R-Squared
Home 0.1018 1.0279 1.4670 Work 0.5226 School 0.2131 Others 0.3102 0.1888 Home 1.0317 Work 1.0165 Trip School 0.9476 attraction Others 0.2109 0.3341 Source: NUTRANS report; Katahira and Engineers International, 2006. Trip production
0.9876 0.9447 0.9402 0.9477 0.9718 0.9922 0.9331 0.8871
Using the above calibrated multiple regression model parameters, the resulting trip generation models used to calculate the trip productions and attractions were established as given below. Productions Home trip productions = (population age 5 and above*0.1018) + (Workers at office base*1.0279)+(Student at enrolment base*1.4670) (1) Work trip productions = (population age 5 and above*0.0.5226) School trip productions = (population age 5 and above*0.2131) (2) (3)
Others trip productions = (population age 5 and above*0.3102) + (Workers at office base*0.1888) (4) Attractions Home trip attractions = (population age 5 and above*1.0317) 95
(5)
Work trip attractions = (Workers at office base*1.0165) School trip attractions = (Student at enrolment base*0.9476)
(6) (7)
Others trip attractions = (population age 5 and above*0.2109) + (Workers at office base*0.3341) (8) The base year 2010 socio economic attributes were projected to the year 2030 and the trip generation model was applied to the projected TAZs dataset given in Appendix 2 and the aggregated results for productions and Attractions are given in Table 3 below. Table 3: Trip generation in administrative areas (TAZs) in Nairobi City-2010 and 2030
Administrative unit (TAZ) Productions Nairobi city divisions/TAZs Central (CBD) Makadara Kasarani Embakasi Pumwani Westlands (study area) Dagoretti Kibera Total Trips 1453241 675129 1071024 1827066 605142 767425 752200 694680 7845907 2010 Attractions 1546263 695742 1059357 1799941 607268 791212 753716 684631 7938130 Productions 2335156 1334441 2458367 4571884 1298553 1612532 1724027 1605129 16940089 2030 Attractions 2460441 1364601 2431462 4556584 1294941 1660458 1731065 1582373 17081925
The highest number of productions and attractions in Nairobi city were recorded in Embakasi division followed by Central and Kasarani Divisions. Pumwani Division produced and attracted the lowest number of trips. The base year production and attraction of the study area (Westlands) are 9.8% and 10.0% respectively. It should be noted that this area of study was planned for low density development with far less number of generated trips. The model forecast shows that if nothing is done, the trip generation is set to rise to 1,660,458 trips. This level of generation of trips with the transportation system and facilities currently in place, the situation is simply unsustainable. 3.7.7 Land Use Changes and Implication on Trip Generation A survey conducted by the study team shows the land use changes in the area of study. The types of buildings in the study area, coming up as a result of densification of development, are given in Tables 4.
96
Table 4: Types of building in zones 3, 4 and 5 Building type % within Zone 3 27.7 42.8 4.0 22.8 0.8 0.3 0.9 0.0 0.0 0.5 0.2 100.0 Zone % within Zone 4 43.2 51.0 1.9 1.8 0.1 1.8 0.1 0.0 0.0 0.1 100.0 Total % within the 3 Zones 31.8 45.1 5.3 15.4 0.5 1.0 0.4 0.0 0.0 0.3 0.1 100.0
Bungalow Maisonettes Storeyed houses Apartments/Flats Rooms Mix Multi-Storey Building Shade Stalls Undeveloped Plot Under Construction Total
% within Zone 5 17.9 38.3 14.8 26.7 0.9 1.1 0.0 0.0 0.0 0.1 0.3 100.0
The data in Tables 4 shows that these zones, which have been majorly low density residential areas with bungalow and maisonette housing are now having low rise and high rise buildings. The intensification/densification of development seems to be increasing in the zones 3, 4 and 5 with 20.7% storeyed houses and apartments/flats. As this trend in development continues, trip generation within these areas are bound to continue increasing thereby exerting more pressure and strain on the available transportation and infrastructure services. The data on activities carried out in the buildings are given in Appendix 3. A look at the main activities and sub-activities for which the buildings are currently being used reveals that zones 3, 4and 5 are fast changing from being majorly residential to mixed use including commercial and office buildings, as well as use for light industries. These activities were previously found only at their neighbourhood commercial and shopping centres. The implication of the increase in these socio-economic activities in these zones of the study area is more attraction of trips by the activities. 3.7.8 Modal Split and Its Implication Gachanja (2011) carried out modal split modeling in Flowmap (software/programme) with data from NUTRANS and Metropolitan Rapid Transport Study (MRTS). The flow-file in data base format (DBF) derived from the trip distribution step was used to share the person trips into different modes. According to the NUTRANS report, the share of private car mode was 15 percent and that of public transport was 36 percent for the base year. While in the year 2030, the share of private mode used was 26 percent while that of public transport was set at 30 percent. The average occupancy rates and passenger equivalent car units(PCU) factors for the different vehicle types were derived from the MRTS report (by CES and 97
APEC engineering consultants, 2010) and are given as Table 5; the rates were used to convert the person trips to vehicle trips. Table 5: Average occupancy rates and PCU factors for vehicles in Nairobi Mode Occupancy Car 2.2 12.5 Public transport Source: MRTS report CES and APEC, 2010 PCU (passenger car unit) 1.1
2.5
Table 6 presents the number of private car trips and public transport trips that are originating from and that are destined to the respective TAZs. The results are aggregated according to administrative units of divisions in Nairobi city. From the results, the largest number of private car O-D flows were recorded in Embakasi Division followed by Central Division then third was Kasarani Division. The lowest number of private car flows was recorded in Pumwani Division. In terms of the Public transport, the largest flows were recorded in Embakasi Division followed by Central Division, third was Kasarani Division. The lowest public transport flows were found in Pumwani Division. Although the probability of trip makers using private car mode was 15 percent, it was less than the probability of using public transport which was 36 percent. The total private car trips stood at about 592,000 and were more than the public transport trips which totaled 570,000. The reason for this result is that the public transport modes of transport have a higher mean vehicle occupancy rates (12.5 person trips) than that of private car modes of transport (2.2 person trips), hence they accommodate more travelers/trips). Table 6 shows that there are an aggregated private car trips of about 59,000 and public transport trips of about 57,000 from Westlands. At a higher level of detail (per zone) there are of course variations with some zones such as Runda and Spring Valley having higher proportion of private car trips than other zones such as Parklands, Westlands centre, Gigiri and Kilimani which have higher proportion of public transport trips. It should be noted, however, that although aggregately the number of car trips almost balances with the number of public transport trips for Westlands, more than five times the number of cars are required to transport the same number of commuters moved in public service vehicles due to the higher average capacity of public service vehicles (12.5 person trips) compared to the low average capacity of cars (2.2 person trips). With the new policy to introduce (through licensing) only high capacity public service vehicles which will raise the capacity to at least 30 person trips, even less number of public service vehicles will be required to make the same number trips. This is capable of not only appreciably reducing congestion on the roads and neighbourhood commercial centres in these zones but also reducing the strain and pressure on transportation facilities and infrastructure. The challenge is to provide quality and adequate public transport facilities, vehicles and services that will be attractive to high and middle class citizens living and/or working in these zones of study. 98
There must also be created efficient connections and accessibility to other areas of the city and the Nairobi Metropolitan Region for efficient and convenient movement with public transport services. Table 6: Number of private car and public transport trips by O-D in NMR-2010
Administrative unit (TAZ) Nairobi city divisions/TAZs Central (CBD) Makadara Kasarani Embakasi Pumwani Westlands (study area) Dagoretti Kibera Total Trips Private car trips/flows Originating from Destined to 112679 51939 81139 135667 45264 59013 55631 51010 592343 115970 52181 79452 134996 45545 59341 56529 51347 595360 Public transport trips/flows Originating from Destined to 108172 49862 77893 130240 43453 56653 53406 48970 568649 111331 50093 76274 129596 43723 56967 54268 49294 571546
Source: Gachanja, KIPPRA, 2011 The household survey carried out by the study team gives the times when the majority of the household members leave their residences as Tables 7 and 8. It is clear that the majority (95.9%) leave between 6.00 and 8.00 hours for zones 3, 4 and 5. The time of coming or return in the evening is peaked between 18.00 and 20.00 hours with 84.8% for zones 3, 4 and 5. This implies that with high level of car ownership (as shown in Tables 9), the peak hour congestion and stress and strain on transport facilities in very high and is likely to continue to increase. Table 7: Times of Departure for the day Time of departure/leaving origin Before 6.00 hours 6.00 8.00 hours After 8.00 hours % Total Table 8: Times of Return after the day Time of Return/coming in to origin Before 18.00 hours 18.00 20.00 hours After 20.00 hours % Total Trips coming in: zones 3,4 and 5 9.7% 84.8% 5.5% 100.0% Trips leaving for zones 3,4 and 5 2.1% 95.9% 2.0% 100.0%
The study survey shows that car ownership in the area in very high, as shown in Table 9. This implies that, as was noted earlier in Table 6, the likelihood of one using his car for travel is much higher. It therefore must take an effort to provide an efficient, comfortable and convenient public transport system (with high capacity vehicles) to attract car owners. 99
Table 9: Car Ownership in the study area Number of cars 0 2 3 4 5 Above 5 Proportion of households in car ownership: zones 3,4 and 5 1.0% 31.0% 40.0% 21.1% 3.5% 11.0%
The survey data shows that the car owning households use their cars except when it is not possible due to varying reasons such as different time of departure, travelling to different destinations (and yet the number of cars owned is limited) or when there are problems with the household vehicles. In these cases, the alternative modes of travel that would be used by household members are as given in Table 10. Table 10: Alternative modes of travel used by households in the study area Alternative modes of travel Public Transport Private Transport Motorcycles Company Transport Car Pool Bicycle Walk Total %Households using the %Households using the alternative mode: zones 3, 4 alternative mode: zones 8,13, and and 5 20B 98.5 99.8 0.1 0.0 0.1 0.0 0.8 0.2 0.2 0.2 0.1 100.0 0.0 0.0 0.0 100.0
The results in Table 10 give different possibilities and strategies of handling transportation of households in the study area. The majority obviously use one clear alternative, namely, public transport system. There are other means of travel that can be explored and encouraged by developing appropriate facilities and infrastructure (which is currently non-existent or poor in state); these include facilities for pedestrians and other non-motorized transport modes. There is also need to streamline the use of motorcycles and bicycles ( boda bodas) as modes of public transport in the city. They are currently being used informally and have been a great concern, especially due to safety and security reasons. The households in zones 3, 4, and 5 have explored a number of alternative means of transport. This presents opportunities for introducing more alternatives of movement and travel that are likely to be acceptable to the residents, including efficient public transport and non-motorized transport for short trips.
100
3.7.9 Secondary and Neighbourhood Commercial Centres The zones of the study area have secondary and neighbourhood commercial centres. Most of these centres have severe land shortage problems for expanding transport facilities to accommodate the ever increasing high volumes of traffic. Examples of such centres include Westlands centre, Hurligham and the neighbouring Dagoretti Corner centre. There is need to attach approval of development proposals to group surrender of land space for expanding facilities such as roads/streets, parking silos, bottleneck junctions and road sections. In order to improve the transport system and traffic in the area, there is need to hierarchically develop the existing neighbourhood commercial centres and improve their functions as such. The higher level, secondary commercial centres, should be strategically developed to cater for a bigger catchment area in terms commercial activities, light industrial activities, employment and services, among others. This will ensure smart land use planning where the need to travel is reduced by developing self-contained secondary centres that provide all or most of the urban services required by the catchment area. The centres should be well distributed in the study area. The lower level (or local neighbourhood commercial) centres should be developed to cater for the commercial and communal needs of smaller catchment areas, namely the local neighbourhoods. This will ensure that residents of the neighbourhoods will only travel for higher level urban services to the nearest secondary commercial centres, hence reducing the need for travel thereby reducing trip generation rates.
101
3.8 Water and Sanitation Service Provision 3.8.1 Water Supply The population of the study area was 166,403 (2009 census). Based on the urban change process as explained in Part 1 of this report, the population of the study area is expected to grow at a rate of 1.5% for the first ten (10) years and 1.2 % up to the year of 2030. The population projections and water demand projections are shown in table 2.1 below. Table 0-1: Population and Water demand projections for Zones 3,4,5,6,13 and 20B.
Year Population Growth Population Projection Gross m /day
3
2009 1.5%
2010
2015
2020
2025 1.2%
2030
2035
166,403 168,899 181,952 196,014 208,061 220,848 234,420
Water
Demand, 68,392 69,418 74,782 80,562 85,513 90,768 96,347
During the 2009 census, the main source of water for the households in Westlands division is as indicated in table 2-2 below. Table 0-2: Number of Households by water sources in Westlands Division
Water sources: Pond /Dam Lake Stream Spring /Well / Borehole NCWSC Network Jabia/Rain Harvesting Water Vendors Other Total
Households Percentage
179
191
3,890
63,823 84.6%
153
7,119
65
75,427
0.2% 0.01% 0.25% 5.16%
0.2%
9.44%
0.09% 100%
According to the table 2-2, 84.6% of Westlands division receive water from Nairobi City Water and Sewerage Company (NCWSC). The data collected in the field indicated that NCWSC covers 98% of the western areas of the old city and 66.5% of the Gigiri and Muthaiga area. Tables 2-3 to 2-6 gives the percentage sources of water for the zones in the study area.
102
Table 0-3: Main Sources of Water for Zone 3, 4 and 5 of the study area
Main Source of Water Supply (Zone 3,4,5) NWSC Boreholes Underground Reservoir Rain Water Total Percentage 98.1 1.9 .0 .0 100.0
Table 0-4: Other sources of water in areas partially covered by the NCWSC pipelines in Zone 3,4 and 5 of the study area
Other sources of Water (Zone 3,4,5) NWSC Boreholes Shallow Wells Underground Reservoir Rain Water Water Vendors Total Percentage 1.8 31.9 1.1 8.8 48.5 7.9 100.0
From the tables it can be deduced that the area if adequately covered by the water supply pipelines. The current supply of water is approximately 60% of the demand despite the adequate water pipeline network. The deficit of the water supply to meet the demand is not lack of pipeline expansion but the water available. Athi Water services Board is well aware of the deficit and it commissioned a consultant early 2011 to undertake feasibility study and masterplan for developing new water sources for Nairobi and its satellite towns. The study was completed in August 2011. The report has zoned Nairobi city into demand envelopes. According to the master plan and feasibility study report, the project study area is under Westlands Demand Envelope. The feasibility study and the water masterplan for the city of Nairobi give an analysis of the current sources of water and their respective yields. From the water demand and the yield from the available sources, the report gives the proposed potential future water sources.
103
Table 0-5: Nairobi City Water Demand Projections

Year Low Scenario Medium Scenario High Scenario 2010 581,912 582,928 583,351 2017 728,293 740,870 756,322 2020 802,206 823,488 850,479 2030 1,053,452 1,126,797 1,213,417 2035 1,198,674 1,314,493 1,448,104
Source: Water Sources Options Review Report, AWSB
Tables 2-8 and 2-9 indicate the yield of the existing water sources and the proposed potential water sources respectively. Table 0-6: Yield of Existing Water Sources
Source Sasumua Reservoir Thika Dam / Chania / Ngethu system Ruiru Reservoir Kikuyu Springs Ground water (Private and NCWSC Boreholes) Total Source: Water Sources Options Review Report, AWSB Yield, m3/day 57,000 443,200 21,000 4,000 45,000 570,200
Table 0-7: Proposed Potential New Water Sources

Source Yield, m3/day Implementation Period 2012 - 2015 Remarks
Proposed Groundwater 64,800 Wellfields in Kiunyu and Ruiru Proposed Northern 138,240 Collector Phase I Proposed Northern 151,200 Collector Phase II Proposed Reservoir Proposed Reservoir Maragua 4 45,972
2012 - 2016 2017 - 2021
Diversion and transfer from Irati, Gikire and Maragua Rivers Diversion and transfer from South Mathioya, Hembe, Githugi and North Mathioya Rivers The yield of Maragua Dam is dependent on cross basin transfer and varies from different scenarios With Chania Komu River Transfer
2012 - 2018
Ndarugu
1 397,440
2021 - 2032
Total Potential Yield 797,472 Source: Water Sources Options Review Report, AWSB
104
The proposed new water sources will provide adequate water for the urban change process in the study areas. Unreliable water supply and lack of coverage by the water distribution network in some parts of the city prompted some private individuals and organizations to drill boreholes. A report prepared by Rural Focus Ltd and submitted to Water Resources Management Authority (WARMA) in June 2011, records that above 2, 100 boreholes have been drilled in Nairobi. In the area of study approximately 462 boreholes has been drilled as indicated below: Zone Zone 3 Zone 4 Zone 5 Approximate Number of Boreholes 136 226 100
The yield from the boreholes within the study area is not known but based on the total recorded yields for Nairobi city, the yield is approximately 9,800 m3/day. This supplements the water from the NCWSC. The provision of water in the study area is comes with a lot of challenges which include but not limited to: Inadequate water infrastructure such as main water transmission pipelines in the some parts of the study area. Unreliable supply due to water shortage and frequent rationing Low pressures in the pipelines hence insufficient water supply at the consumer point. Approval of Development Plans without consideration of water supply service provision at by the City Council Unclear definition of roles in the areas of development and maintenance of water infrastructure, management and provision of water Uncontrolled / laxity in controlling the development of ground water (Boreholes)
3.8.2 Sanitation Provision In the sanitation masterplan of 1973 by SWECO sewer networks and proposed wastewater treatment site was proposed. This Masterplan took effect to 1998 when Nairobi Masterplan for sewer, sanitation, and drainage study, carried out under the Third Nairobi Water Supply Project, was undertaken to provide a complete record of the existing sewerage and drainage 105
facilities and to identify and propose a phased development schedule for sewerage and drainage system up to the year 2020. Approximately 60% of Zones 3, 4 and 5 are covered by the municipal and the remaining 40% use either septics tanks, conservancy and pit latrines. In the zones covered by the municipal sewer, the capacity of the existing sewerage network is outstretched owing to high populations. Some of the area for example around Westgate area, the sewer lines follow closely the river and that the sewage is leaking into the river. Other areas within the study area have commercial premises build on the river and sewer lines. The sewerage system of Nairobi City is of combined type where sewers receive both storm water and sewage. Based on the population and the total water demand (excluding UFW), the sewerage generation (80% of the water demand) of the study area is as follows; Table 0-8: Projected Sewerage Generation in the area of study of Zone 3,4,5,6 and 20B.
Year Population Growth 2009 2010 2015 1.5% 2020 2025 2030 1.2% 2035
Population Projection Water Demand, m3/day Sewerage Generation, m3/day
166,403
168,899
181,952
196,014
208,061
220,848
234,420
49,921
50,670
54,586
58,804
62,418
66,254
70,326
39,937
40,536
43,669
47,043
49,934
53,003
56,261
During the field data collection carried out, table 2-11 shows the percentage coverage of sewerage network in the area of study. Table 0-9: Source of Sanitation for Zone 3, 4 and 5
Type of Sanitation CCN Mains Septic Tanks Conservancy Latrines Percentage 89.9 10.1 .0 .0
106
Total
100.0
The 1998 Sewerage and Drainage masterplan proposed immediate implementation of trunk sewers in Nairobi. Athi Water Services Board validated the recommendations of the masterplan in 2009 2010 and awarded a contract to Bhundia Associates (BA) to prepare a feasibility study report of the Nairobi Rivers Basin Sewerage Improvement Project. Based on the 1998 masterplan, the validation report, Bhundia Associates recommended the following sewerage measures in the study area:
Lot 1 Lot 3 Getathuru river trunk sewer duplication 5.4km, 825mm diameter Getathuru river trunk sewer extension - 4km, 600mm diameter Nairobi river trunk sewer duplication 4.3km, 750mm diameter Kirichwa Dogo Trunk Sewer 5.8km, 675mm diameter
Apart from low area within the study area, the proposed immediate sewerage measures will cover the study area sufficiently. The low areas will continue to use decentralised approaches to collection and treatment of wastewater. A decentralized approach is often employed in the management of most of the wastewater generated in areas that will not be covered by the proposed immediate measures. These decentralized applications include the use of septic tanks and small packaged wastewater treatment plants e.g. the BioBox which uses the aerobic biological processes. Village market, for instance, has a packaged plant which treats wastewater generated from the premises before discharging into a natural wetland in the neighborhood. In the UN Complex, there exist sewage treatment ponds where wastewater from toilets, showers and taps is collected. There are a total of six treatment ponds within the complex. The treatment in the ponds is through natural microbial oxidation catalyzed by the solar energy. The last pond stores recycled water that is used for watering the UN compound. The challenges encountered during the provision of sewerage services are as follows: Lack of knowledge on the expansion of sewerage in area of study. Trunk sewers in some locations of the study area closely follow the river bank and pose a great danger of environmental pollution in case of leakages Unclear regulation of number of storeys a developer should go vis a vis the sewer connections. Lack of appropriate technology for the residence to exercise wastewater recycling and reuse. Residence along the riparian area allow flow of wastewater to the rivers. 107
There are many wastewater treatment technologies that can be implemented in the area. These includes but not limited to: Rotating biological contactor Small waste stabilisation ponds Bioreactors Pit latrines Activated sludge system Trickling filters etc
Decentralized WWTP at Village Market (blue roof) and Bachelor's quarters of the USA Embassy (in the background)
Onsite wastewater treatment installed by Biobox in Kenya
Onsite wastewater treatment plant installed by BioBox in Tanzanai
Onsite Wastewater Treatment Plant at Bililla Lodge in Tanzania installed by BioBox
108
Sample of Rotating Biological Contactors (RBC). Kigali Institute of Science and Technology and Management use RBC for wastewater management.
Figure 0-1: Sewerage Facilities in the study area and case studies for onsite sanitation BioBox has installed onsite wastewater treatment plants in East Africa which are accessible for case studies and some of the completed projects are as follows:
a. b. c. d. e. f. g. h. i. a. b. c. d. e. f. Tanznite one ( TZ) Balilla Lodge(TZ) Kenya Methodist University ( Meru) Kenya Army KRDC ( Embakasi NBI) Treelane Domestic(NBI) NASA UN Somalia HQ ( NBI) Lions Eye Hospital ( NBI) Mokoyeti Domestic (NBI) Zain HQ Dar Es Salam ( TZ) Tamarind Meadows (NBI) Zari Business Park ( NBI) Brookhouse School (NBI) African Wildlife HQ (NBI) Shuhmacher 4by 4 Complex (NBI) Olaro Lodge ( Mara Kenya) 190,000lt & 120,000lt 160,000lt 190,000lt 160,000lt & 130,000lt 23,000lt 17,000lt 130,000lt 16,000lt 165,000lt 1135,000lt 125,000lt 160,000lt 110,000lt 110,000lt 6biorock
3.8.3 Stormwater Drainage The development of stormwater drainage facilities is dependent on the natural drainage systems. In areas where storm water drainage facilities are provided, it closely follows the road and outfalls in the nearest natural water course. The topography of Gigiri and Muthaiga North, Kilimani, Lavington, Westlands allows good natural drainage except small pockets of low points where inundation is experienced during heavy storms. Stormwater in these areas is collected and conveyed in the storm drains on the roads, the paved surfaces, and parking lots of the individual premises. The presence of grated inlets on the road gutters implied existence of underground storm drains on some of the roads. Unlined open channels were also observed on some roads within the study area. The 109
unlined channels are not adequately grassed exposing the road sides to erosion and that they are aesthetically poor. The 1998 sewerage and drainage masterplan proposed detailed drainage facilities for the study area which have not been implemented to date. The piecemeal storm water drainage facilities undertaken by the City Council of Nairobi closely follow the road construction implementation programme. This manner of developing stormwater drainage facilities do not consider the entire drainage catchment and the surface runoff expected from the catchment. The provision of stormwater drainage facilities requires complete attention and respect of the wetlands and the riparian laws and regulations. During field visits, observations were made on the encroachments of the riparian land and some of the observations include but not limited to the following: 1) The river in the parklands area crossing Ring Road Parklands at the Nakumatt Ukay has been over encroached. The buildings housing Nakumatt Ukay and the Oshwal Center are built on the River. The River actually flows by way of culverts beneath the buildings in this area. The encroachment extends in both the downstream and upstream of the Nakumatt Ukay from Brookside Drive all the way to Batumbatu Junction 2) There is encroachment into the wetland by some developments between the village market and the bachelors' quarters of the US embassy. Oil disposal into this wetland was also observed. 3) Some stalled buildings at Hill View Estate are in a riparian reserve. 4) Some residential buildings in the Chalbi area accessible through the Convent Drive are in a riparian reserve. The natural water course is a tributary of Nairobi River. The perimeter walls of the buildings are built to form the river. 5) There is a new development coming up at Katina area on the Isaac Gathanju Road. A stream passes through the premises. 6) Perimeter walls of some buildings along the Ole Odume Road are built on the Kirichwa Kubwa River.
Some of the photographs showing complete disregard of the riparian laws and the protection of wtelands within the study area.
110
Boundary wall constructed in riparian land
Boundary wall constructed along a river course
Residential Units constructed in a riparian land at Chalbi area
Residential units established in the riparian reserve at Kilimani
Unlined storm drain
Lack of proper stormwater drainage
111
Encroachment of Kirichwa Kubwa River near Olodume Road
A stream passes through the premises at Katina area on the Isaac Gathanju Road
Drainage under buildings and crossing of the Ring Road Parklands
Oshwal Center established on top of drainage system
Figure 0-2: Photographs of Stormwater drainage status of the study area The challenges faced by the authorities providing stormwater drainage services includes but not limited to: Poor design of drainage systems. Storm design should consider aesthetics No design of a storm water drainage system causing inundation on the road pavement during after storm. Lack of or inadequate way leaves for the construction of storm water drainage facilities Buildings established on top of the natural drainage system Lack of clear understanding on the width of the riparian way leave.
112
To be able to deal with the challenges of stormwater drainage in the area of study, implementation of the recommendations of the 1998 sewerage and drainage masterplan should be up to date.
3.8.4 Solid Waste Management Waste Generation, Collection and Transportation The study conducted by JICA on Integrated Solid Waste Management in Nairobi City in the year 2010 records approximately 220 tons / day of solid waste generation in the area of study. The City council of Nairobi, Community Based Organizations (CBO) and Private waste collectors are involved in the waste collection, transportation and disposal in the area of study. From the records at the Westlands divisional headquarters of the City Council of Naiorobi, approximately 40% of the study area is covered by the City Council and the remaining 60% is covered by both CBOs and private waste collectors. The council collects about 20 tons/day of the solid waste generated in the area covered by the city council. Waste collection is executed on daily basis and transported to Dandora Dump site. The solid waste management services provided by private waste collectors in the study area are licensed by the NEMA. In Runda (Zone 13) for instance, the Runda residence association provide solid waste collection services for their members. The collected waste is disposed of in transfer stations designated by City Council of Nairobi which will then be hauled by the City Council or the private waste collection trucks and dispose at Dandora Dumpsite. During the site visit, crude dumping of solid waste was observed near roadside kiosks, retail stalls and other spot areas. However efforts have been made to collect the waste as observed on the curbsides in green and blue polythene papers-this is where the private collectors pick from. This means that solid waste management, especially collection, in the study areas is considered to be fairly good. However, such inference is limited on the routes that were taken during the visit. The amount of waste collected and disposed by CBOs and private collectors are not documented but based on observations, about 60% of the waste generated in the area of study is collected and disposed on a daily basis. The data collected from the field indicated that the area sampled had little service provision of solid waste services by the City Council of Nairobi. Table 2-13 and 2-14 shows the percentage of solid waste collected and disposed by the City Council and the private organizations. Table 0-10: Percentage of Solid Waste Collected by respective waste handlers in Zone 3, 4 and 5 of the study area 113
Organisations / Institutions who handle solid waste( Zone 3,4 and 5) CCN Services Private Contractors Incinerator Total
Percentage 5.6 94.4 .0 100.0
Table 0-11: Percentage of Solid Waste Collected by respective waste handlers in Zone 6, 13 and 20B of the study area
Organisations / Institutions who handle solid waste( Zone 6,13 and 20B) CCN Services Private Contractors Total Percentage .0 100.0 100.0
The list of Major equipment provided by the City Council The divisional section of solid waste has two tippers that are available for waste collection and transportation on a daily basis. The capacities of the trucks are 7 Ton and 12 Ton. These trucks handle only 40% of the study area. Inventory of the equipment used by the private waste collectors are not documented in the divisional office. Future Solid Waste Plan The initial development plan for the study area was largely residential. However being converted into mixed use establishments. Change of land use automatically changes the rate of waste generation hence the amount of waste generated for the study area. The Integrated Solid Waste Management in City of Nairobi, 2010 proposed waste ten (10) solid waste collection zones in Nairobi. Zone 1, 7 and 9 covers the area of study proposed for the Land use study and policy plan. Amount of solid waste projected for the study area to the year 2030 are as follows: Table 0-12: Projection of solid waste in the zones of interest, (ton/day)
Zone Zone 3,4,5,6, 13 and 20 2009 220 2015 275 2020 330 2025 390 2030 460
114
With the imminent change of land use, these projections may alter the waste collection systems which were proposed in the Integrated Solid Waste Management in Nairobi City. Proposed Solid Waste Facilities in the area According to the Integrated Solid Waste Management Plan, there are two proposed major waste collection points each handling specific volume of waste. Waste collection point 1 between Lower Kabete Road and General Mathenge Drive Near Mamosa road in Kitisuru.
Specific location of the proposed solid waste collection points is shown in the attached solid waste map.
Challenges faced in the management of solid waste During the field visits, the residence association expressed the challenges faced in the management of solid waste. These includes but not limited to the following: Poor quality of solid waste collection equipment both by the private collectors, CBOs and the City Council of Nairobi. Lack of clear legislation regulating the private collectors and the CBOs Lack of space for solid waste sorting and recycling Lack of clear or equal method of charging solid waste collection and disposal Illegal collectors of solid waste operating in the area of study. Dumping of corpse in waste collection points
The following are photographs give the general view of solid waste management within the study area.
115
Solid waste dumped in Kirichwa kubwa river along Ole Odume road in Kilimani
Illegal dumping in Nairobi River in Lavington along Convent drive
Solid waste restricting the free flow of Nairobi River in Lavington
Organized collection of solid Waste from Lake View Estate Spring Valley
Figure 0-3: Photographs showing the illegal dumping of solid waste
116
3.9 Housing Sector Introduction The term housing is not synonymous with a house. A house is a single structure while housing refers to the house with all the supports, i.e., infrastructure and other social amenities and facilities. The main consumer of urban land is residential use, typically accounting for about 60% of the total. 3.9.1 The Planning Policy The planning of Nairobi was based on the neighbourhood concept which was a strong planning tool adopted by the colonial government. The driving force behind the use of the concept was the creation of a sense of belonging to the neighbourhood. This attribute was manipulated by the colonists to promote the stratification of residential developments on a racial basis (Chana, 1974). There were distinct African, Asian and European residential districts, each with its own supporting facilities, characteristics, density, income groups and environmental quality (Gatoni and Patel, 1973; Hake, 1977). The residential areas were planned such that the Europeans occupied the best land in terms of natural features and amenities characterized by low densities, detached one storey houses with separate servant quarters and large lots. They were situated to the west and northwest of the central business district. The Asian residential areas were characterized by medium/high densities, traditional multi-coloured, flat-topped houses and small lots. They were situated nearer to the central business district and the industrial area. The African residential areas sprawled eastward, occupying the poorest land, characterized by housing estates built by the City Council of Nairobi (CCN) and large employers of the working class. However, after independence, the dividing line between who stays where was affordability which to date is the main determining factor. The rich occupy the former European areas while the low income occupy the areas to the east-lands meant for African workers. The middle income lie in between the two residential areas. The planning policy is made of a number of acts including: a) The Physical Planners Registration Act of 1996 b) The Local Government Act Cap 265 c) The Government Land Act Cap 280 d) The Land Control Act Cap 302 e) The Registered Land Act Cap 300 f) The Trust Land Act Cap 288 g) Registration of Titles Act Cap 281 h) The Land Titles Act Cap 282 i) The Official Secrets Act Cap 187 j) The Antiquities and Monuments Act Cap 215 117
k) The Public Roads and Roads Access Act Cap 399 l) The Street Adoption Act Cap 406 m) Public Health Act Cap 242 n) Water Act No. 8 of 2002 o) Environmental Management and Coordination Act (EMCA) No. 8 of 1999 The Physical Planning Act of 1996 of the Laws of Kenya, Cap 286, Sec 29, part V, Development Control is a preserve of the local authorities, City Council of Nairobi being one of them. Development Control ensures that development applications comply with policy guidelines, planning regulations, standards, approved physical development plans and the local authority by-laws among other statutes that guide urban development with the objectives of ensuring growth of a healthy economy and a safe and secure build environment among others. The first by-laws were introduced by Nairobi Town Council in 1926. These were replaced by City Council of Nairobi (CCN) By-laws (Building) in 1948 and which then included Town Planning Zoning requirements. The Kenyan building legislation took place during the British colonial rule. It is therefore natural that this legislation was based upon the then existing British legislation modified and amended to attempt to accommodate local climatic and social conditions. Currently requirements for erection of buildings in Kenya are contained in the Local Government (Adoptive By-laws) building order 1968 (Grade I By-laws) and (Adoptive By-laws grade II) order 1968. 3.9.2 Zoning Regulations This is the separation of land uses in order to avoid mixed development that can course harm to human life. It is the physical division of urban community into districts or zones for the purpose of regulating the use of land and buildings, height and bulk buildings, plot coverage and density population. The main purpose of zoning is therefore to direct and regulate development or redevelopment of a town in appropriate directions and ensure proper uses of land and buildings with a view to creating a healthy, efficient and stimulating living environment. The city of Nairobi is divided into 21 zones. CCN carries out Development Control against set out standards on housing, infrastructure (building code, plot ratios and coverage, building lines, materials); requirements for development applications(PPA); and zoning regulations(existing physical plans). 3.9.3 Development Issues The area covered by these three zones is 4,000 hectares. The last policy intervention undertaken in 1987 in Zones 3, 4, and 5 anticipated a population target of 300,000 people. However, due to high economic growth from the year 2000, these zones have experienced high development more than ever before. A rapid scan indicates that development has by far outpaced forward planning intervention measures. The developments have mainly been driven by the demand for housing, commercial and office developments. 118
ZONE 3 Zone 3 covers Parklands, City Park Estate/Upper Parklands Westlands/Museum hill and Westlands CBD as indicated in the Table 2 below. The zone was initially developed as a residential neighbourhood with specific commercial centres including Parklands and Westlands being the main commercial nodal points. The predominant land use is residential which occupies over 80 percent of the land. The population density in this zone has increased threefold due to the high demand for housing and proximity of the area to the citys CBD. However, the zone is becoming a mixed urban development due its location within the city. Westlands is basically a commercial centre and is expanding outwards into the residential areas. Some of the residential facilities have been converted into other uses (offices, restaurants/hotels, car bazaars, etc). Table 2: Zone 3 Planning Policy GC (%) 50 35 35 -x80 35 80 PR (%) 100 75 75 -x200 80 200 Commercial/ Residential (High Rise Flats) 0.05 Types of Development Allowed Commercial/ Residential (High Rise Flats) Min Area (Ha) 0.05
Zone
Areas Covered Commercial Residential City Park Estate/ Upper Parklands West-lands CBD Block 1 Commercial WestWestBlock 2&3 lands/ lands Offices & Museum Residential Hill Block 4 Offices Parklands
Housing The housing developed in this zone was mixture of typologies including single dwelling houses and multiple dwelling apartments which were mainly medium rise. The revision of the planning policy as in table 2 above, the commercial buildings had enhanced plot ratios in west-lands CBD to 200 percent while the residential and offices in the same area were restricted to PR of 80 percent and GR of 35%.. This changed the skyline of the building heights in the CBD to as high as 10 storeys and above. The residential and commercial (offices) in the same CBD sub-zones has a GC of 35% and PR of 80%. Residential typology was mainly single dwelling units before the PR was enhanced. The current predominant typology for residential is high rise multiple dwellings units. Parklands, City Park estate/Upper Parklands sub zones are basically residential and commercial with GC and PR of 35% and 75% for residential and 50% and 100% for commercial resulting in residential multiple units typology and high rise commercial buildings. 119
The minimum plot size allowed in this zone is 0.05 hectares. This works out to 20 plots per hectare gross (100% plots) and 16 plots/hectare net (80% plots). It is a requirement that car parking for residential areas (at least 2 cars per flat) should be provided on site. In addition, all plots must be built respecting the set back requirements. The residential land use is the predominant and generates a large resident population which requires attention to the problems being experienced now and in the future growth.
ZONE 4 The original owners of these estates were Europeans as an exclusive residential areas for the whites. Most of the development was low density and high income residential estates. These were the main estates in the immediate vicinity of the township. Table 3: Zone 4 Planning Policy. Zone Areas Covered Spring Valley Riverside Kileleshwa Kilimani Thompson Woodley GC (%) PR (%) Types of Development Allowed Min Area (Ha)
35(s) 25(u)
100 (s) 25(u)
Residential (Apartments allowed on sewer only) Four Storey max.
0.05
The housing developments in this zone was characterized by single dwelling units. However due to population increase in the city, there is a high demand for housing in this area. The planning policy for this area as shown in table 3 remains quite conservative on the plot ratio. However, the scenario on the ground is quite different with developments of apartments and office blocks beyond the stipulated policy. Kilimani and Kileleshwa estates have apartments and office blocks that are beyond four storeys. The typologies are mixed including maisonettes, apartments (flats) single dwelling houses and offices developed randomly without any consideration of the different and sometimes contrasting uses. Some of the estates, especially spring valley and riverside have no sewer line hence the low PR (25%) and GC (25%). The allowed minimum plot size is 0.05 hectares. There are ten sub-zones within this zone.
ZONE 5 This zone is basically a residential area typically low residential one family houses. Maisonnettes are allowed on sewered areas. Residential houses are being converted to other 120
uses mainly offices. Based on the GC (25%) and the PC (25%), the zone has low density and still maintains to some extend the character of the colonial settlements. Sub-divisions of plots is allowed to the policy lower limits of 0.2ha for unsewered and 0.1ha for sewered areas.
Table4: Zone 5 Planning Policy. Zone Areas Covered Upper Spring Valley Kyuna Loresho GC (%) 25 PR (%) 25 Types of Development Allowed Low-Residential One-Family House Maisonnettes Allowed on Sewered Areas. Min Area (Ha) 0.2(u) 0.1(s)
Zone 5 is further sub-divided into three sub-zones. The subdivision depicts the typology and density of the sub-zone.
121
3.10 Growth Trends 3.10.1 Analysis of Planning Zone 3 Westland commercial area covers Westland CBD, lower parklands and up to Museum hill and is rapidly changing to commercial. The only suburbs of housing remaining in the area are in the process of conversion to commercial and office development It is also surrounded by major institutional establishments (health, educational, Religious). It is a major node of commercial development. The expansion of the node is towards the museum hill into Ngara area, along the Upper Parklands, along Peponi road, Mpaka road, and along Wayiaki way up to James Gichuru Junction. There is a mixture of residential, commercial and institutional developments. The plots fronting the highway are rapidly changing to office and commercial developments. Outer sections of the zone three beyond the main commercial area remain predominantly residential with some parts of commercial developments. This extends into zone 4 lower Spring Valley and zone 5 Upper Spring Valley. They have pockets of commercial and professional offices while the rest remain purely residential. Light industrial development is concentrated in the area of Ngara towards the CBD. High ridge shopping centre situated on 3rd Parklands Avenue, which is now growing rapidly. MP Shah area extending to the police station is converting commercial developments and particularly at the roundabout. Much of lower zone 3 around Ngara has residential developments of medium density for middle income, The high ridge Aga Khan area has residential of high and middle income with medium density. The area is undergoing rapid redevelopment with increased density apartments. From Chiromo Campus up to Consolata, there are high cost residential apartments. 3.10.2 Analysis of Planning Zone 4 A long riverside drive, there are relatively lower densities of high income. It is undergoing rapid change attracting embassies, offices and commercial developmnts. It creates a wonderful environment at the back of the plots fronting the valley due to the ridge. It is experiencing pressure of redevelopment through creation of high cost apartments. Kileleshwa is predominantly residential but rapidly redeveloping into medium densities from lower density. It has attracted high cost high rise apartments for high income. It has limited provision of commercial and community facilities and services. Kasuku centre near the Police station is growing into a commercial node. It has been underprovided with commercial and community facilitates. It has previously been served by Lavington, Valley Arcade, and Wetlands on the assumption of car ownership of the residents in this area. Likely impacts of the missing link road from Langata, through Kibera, Kilimani to Westlands will create a corridor of transport with some impacts. Kilimani-Lenana road, -Dennis Pritt 122
raod and Argwings Kodek has undergone rapid re development with some changing to offices, and commercial. The planned commercial nodes are Hurling ham, Caledonia, Valley Arcade, Adams Arcade, and Dagoretti. Currently commercial developments (Office, Commercial, and Car Bazaars) are concentrated on Argwings Kodek from Hurling ham to Yahya Centre. It was predominantly high income low residential single dwelling units on relatively large plots. Lenana and Argwings Kodek roads are attracting a lot of office and commercial developments. Real challenge is to consolidate commercial developments from Hurling ham node to Yahya to enhance functional efficiency in view of the fact that the main road serving this developments is uneven in some parts with respect to width and road reserve. Another strip of commercial developments (Offices, Commercial. and Car Bazaars) is along Ngong road from Baptist Church to Dagoretti Corner. A long Ole Odume and ElGeyoMarakwet roads, there is a change towards high cost apartments of medium density for high income. Some of the developments near Adams Arcade on Ngong road are hotels and hospitals. The planned centre had stagnated in growth but is slowly picking up. A long Ngong road there is no clear node but only ribbon development. The resurgence of Adams Arcade can play a role of reinforcing it as a node along the road. Along Riara road, there is a trend of high costs residential apartments for high income, and also the dominance of educational institutions. At Kingara/ Ngong road junctions there are intensive commercial developments while the opposite side has Dagoretti centre or market. There is a heavy presence of institutions such as Kenya Science University College, and Meteorological Station. The Dagoretti Centre was intended by the 1973 plan to be a major employment centre/node attracting both commercial and industrial investments. Although this policy has not been formally implemented, there is evidence that the area is gradually developing into a major development node. This is ecpected to operate at a much higher level than those planned nodes in the vicinity. With proper planning this area seems to have prospects to counter balance Westlands at the other end of James Gichuru. It could be developed to the same degree of functional diversification as is found in greater westlands commercial node. The immediate areas around this centre extending backwards towards Lavington remain predominantly residential in nature of low density high income. It is also changing rapidly towards high rise high income apartments. The area has attracted private educational institutions such as Rusinga, Riara, and Makini Schools). The new commercial developments around Dagoretti corner are known to generate and attract high traffic volumes seriously constraining traffic flow and accessibility in the area along Ngong road. West of Ngong road is predominantly residential, including Woodley, Jamhuri and Joseph Kangethe. It is dominantly public housing of middle income and neighbor Kibera slums. On Kabaranet road there is a trend of rapid redevelopment to high-rise high income residential apartments. It has notable public schools, religious and recreational facilities. Valley Arcade centre/ node on Gitanga road has remained stagnant for a long time. On othaya road into 123
Kaputei Gardens, there is intensification of residential developments into flats of medium density. West of Wayiaki way there is a trend of office and commercial developments and inner areas to Rhapta road remain residential. The area between the highway (Wayiaki Way) and Riverside contains important public institutions. 3.10.3 Analysis of Planning Zone 5 Coverage (Bernard, Upper Spring Valley, Loresho, Lavington, Muthangari, Kuna, Kianda, and Kianda Triangle) Along Wayiaki Way east is dominated by public institutions, while on the upper part it has remained mostly residential of low density high income. They depend on Westland as the main shopping area. Spring Valley centre has not grown as expected. Residential units in some places have converted into professional offices. There is intensification of developments in the area of single dwelling but of high value at low densities. It is poorly provided with commercial and community facilities. It is extensive and highly dissected with ridges. Lavington and Muthangari had originally green open spaces. It has undergone intensive subdivisions and redevelopment in terms of infills and developments. Developments have remained as was stipulated in the 1973 plan. But the area has not received investments in infrastructure and there has been little control and regulation of development in the area. The recommendation of 1973 favoured more development in the area on the assumption that more infrastructure facilities would be put in place. Drainage of river systems flows from Aberdare North west to the South East along narrow and parallel ridges. The river valleys formed are fairly deep and make provision of infrastructure fairly difficult. Where there is gentle landscape, there is a tendency towards a grid network system of roads/plan layout-Kilimani, Thompson, Parklands, Woodley
3.10.4 Development Constraints and Challenges in the Planning Zones Zone 3 This zone is fairly complicated being influenced by west lands commercial node that belongs to two zones. Most of Ngara and Parklands is rapidly commercializing with residential land use diminishing. It is undergoing intensive subdivision and redevelopment. A long the Highway from Museum to Westlands the buildings have converted to high rise mostly office blocks. Existing recreation facilities are the Old Asian sports facilities with diversified participation. The Museum, Highway, Parklands road and Ojijo road is rapidly commercializing. It is receiving the overspill of commercial developments from the Westland node. Area above the 124
Museum on the high way side is occupied by hotels, professional offices, and Casino, and a long Parklands road, there are a number of hotels. The area below Westland node bounded by Parklands road is of mixed development with declining residential land use. Tarifa road and Ojijo road block formally railway land and housing has undergone rapid redevelopment into apartments. Property should not open to the highway that is currently being constructed. Parklands road, Tarifa and the highway is mainly institutional area containing some residential. The Ngara area/block is of mixed use and undergoing intensive change from residential to commercial. It is neighbouring the museum hill area that is mainly institutional, has also the boulevard hotel and Norfolk towers. The Ngara side has a commercial element while the river valley has the potential of being developed for recreational use. It has not been planned for organized recreational use by the public with conservation and protection at the forefront. If left in its current state, it will be difficult to control and manage it. Commercial developments should be restricted a long Kijabe road. The Limuru road Forest road block or UPPER part of Ngara is basically institutional while the lower part has mixed developments of residential and commercial. Residential is rapidly declining. Most developments on forest road have gone high rise of middle income residential and there is a presence of old Asian housing typologies. Beyond Muranga road, on the Ngara side there is residential comprising government housing quarter where there were earlier government offices. The developments between Forest road and Muranga road will be affected by the construction on Muranga raod and the Limuru road link particularly the inter change junction moving up to Ngara road area. Main Parklands bounded by Mpaka road, sixth Parklands Avenue, Parklands road and Limuru road, is still dominantly residential but densities have increased from single dwelling, double storey to apartments. It is for both high and middle income, and contains a number of institutions within it. Besides the University of Nairobi Law School, there opposite side of Parklands road has Kenyatta University School of law. The high ridge shopping centre has been maintained at a central place. It has not attracted a lot of expansion. It seems not to have the direct commercial influence of Westlands node. There are spots of commercial within the area and intensification of land is towards maisonettes, and apartments/flats from bungalows and double storey. The Asian organize their housing as a grouped community with business interests. This is the original Parklands where the landscape begins to change from the dissected to more open land. It has the grid layout structure with avenues and some crossroads with some loops. They exit to one side and particularly to Limuru road leading to congestion hence the traffic problem on Limuru road. The grid structure guarantees easier subdivision of plots and high accessibility. Without proper planning it lead to a very monotonous system. Community and social facilities are well distributed in the area. The connection of the area with the rest of the City is through Limuru road and Wayiaki way. 125
Westlands lies between two zones, three and four and is rapidly expanding commercial centre with dense developments. It has a highly mixed functional land use character in terms of the mixture of commercial, residential and office development facilities. The main part has concentrated in the area defined by Mpaka road, Wayiaki Way Parklands Road, Lower Kabete road and Karuna road. It is expanding Northward between Ring road Parklands, Peponi road, and Parklands road and the whole area between Parklands road and Ojijo road and the Highway is undergoing rapid commercial development. There is also expansion of the centre towards South West across the highway towards Sports road, and also along the Highway on both sides up to the junction with James Gichuru It has become a major competitor in terms of business operation to the main CBD. The problem experienced is the lack of a plan to guide the development of the node. The development of the commercial centre appears to be piecemeal and haphazard lacking in any control. Much of the original residential units have been converted rapidly into commercial. One of the problems of rapid growth is the control on building heights; some professionals have questioned on the expected heights of buildings. The lack of control is leading to the risk of a distorted image of the centre as a major node of urban development. Maximum heights are supposed to be at the centre and tapper off away. There should be a limit as to how far Westland should accommodate growth to avoid becoming uncontrollable and costly due to negative externalities (congestion, lack of parking, pollution,etc.). Rapid growth is taking place without regard to infrastructure capacity: roads, mobility, water and sewerage. Zone 4 The connections across the rivers Nairobi, Kirichwa Ndogo and Kubwa are non existent leading to connection and traffic flow problems. The plan of 1948, organized the layout on a tree model structured by the ridges and valleys hence no connections. Utility networks tend to follow the same layout. It did not benefit from the 1973 plan. It was predominantly residential of single dwelling but has changed rapidly into multiple dwelling either through subdivision or apartments. There is also sporadic establishment of commercial areas hence need for a proper land use plan to regulate development. The intensification is moving outwards from the centre. What was preserved as riparian has been allocated and intensive development is taking place in very low density areas. Riparian reserve control is weak in the entire planning area. The sporadic spread of commercial areas is devoid of market catchment analysis such that some businesses operate in very close proximity limiting profitability of the investments. Community and social facilities particularly schools in the area are inadequate (primary and pre-primary). Those available are high cost and mostly private which are not accessible to those who earn less income. Even for the high income, there is no enough schools owing to the increasing demand due to intensification of land use towards residential. Distribution of health and schools according to the population is very essential. The increased densification is taking place without commensurate expansion of infrastructure capacity. Westland node 126
cannot just be allowed to sprawl, it should be regulated. This implies alternatives of secondary nodes such as Dagoretti, Village Market, and immediate lower ones. This will inject some level of spatial equitability to avoid getting into diseconomies in future. In the upper part of Zone 4 there is intensive development but no commensurate community, social, and commercial facilities. This upper part has more connectivity than the lower part. The lower part between the river and the highway is isolated as all traffic is channeled back to Wayiaki way leading to congestion. It has a tree like road network hence poorly connected. Lack of connectivity across the ridges exaggerates the traffic leading to congestion. Kileleshwa is undergoing rapid redevelopment and increasing densities with no commensurate plans to increase the community and social services and facilities. In another 5-10 years it will be a place of lower of community and social facilities and services. It will therefore tend towards the slum conditions. The release of public land to private sector has played a role in increasing the development densities in this area. The present programmes for redevelopment do nopt incorporate the plans for community and social facilities besides the upgrading of physical infrastructure. It will become a very inefficient neighbourhood for community life. It lacks any specific commercial neighbourhood centre. The current haphazard location of commercial facilities along the traffic routes is not sustainable. It increases and exaggerates the problem of traffic. The development of apartments in the area is against a background of inadequate capacity of infrastructure capacity. This could lead to poor living conditions in future. Densification is through subdivision and development of multiple dwelling units (apartments/flats). Typology of housing is changing from single dwelling to multiple dwelling leading to increase in population. This is leading to environmental stress manifested in increases surface run off, and destruction of greenery. The riparian reserve has been abused in this area. Although the area has a number of rivers they have not been used for recreation. A move in the direction of using them for recreation with compatible uses will enhance the protection of the riparian. The developments around Kirichwa Kubwa area and Denis Pritt road are also isolated having fewer exit options. This results in congestions on the roads. The upper Kileleshwa behind Lavington is undergoing a lot of redevelopment through high rise and subdivision. The available commercial area are in Valley Arcade and Lavington. Moving towards Kilimani the lower part of Lenana road there are military installations, embassies as well as state house. There is need to regulate developments in this area. From Rose Avenue westwards the intensity of development picks up of deluxe apartments. The area a long Lenana road, Denis Prit road and Argwings Kodek is rapidly commercializing and also redeveloping into high rise apartments and offices. Kilimani area is characterized a much broader ridge landscape that is more gentle. This goes on to link with the other broader ridge on which Ngong road is located tapering gently towards Kibera. The community and social services in the western end of zone 4 are inadequate and this could lead to a much lower standard of living. While intensification is taking place and diversification of land use the physical infrastructure remains inadequate in terms of capacity, 127
efficient operation and connectivity. The area is inadequately provided with community and social facilities. Although there has been an increase in private sector provision of social services, education, health, including recreation, they are not planned in relation to the rapid redevelopment taking place in the area. Originally the area was low density high income single dwelling, but has changed into apartments for both middle and high income. Due to focus on high cost developments (residential, commercial and offices, land values have shot up beyond the resident population capacity. Rental values are among the highest in the City ranging from 50,000 to over 100,000. It is dominated by walk up apartments. The developments are basically for economic gain and speculation. Apartments are basically for sale and not for rental. The influx of the Somali Money has also led to the high property values in the area besides remittances. This poses the question whether this can be sustained in the long run. Purchase of the units is likely to experience market freeze and hence less demand for residential units. It is impossible to purchase the units on mortgage. The speculative forces are likely to hit a crisis leading to serious economic problems. This tends to perpetuate housing demand shortfall especially for the majority. The housing provided does not respond to the needs of the lower income workers in the area. Argwings Kodek cannot be sustained as a corrider of commercial development. There is need for the development of a node that is more viable and accessible to the inner areas of zone 4. Institutions are scattered in some places which requires consolidation and exit and entry along the major primary roads becomes difficult. Enhancement of linkage can be enhanced by connecting Olenguruone road to Dennis Pritt road. Argwings Kodek and Ole Odume road has been the main public transport spine. Kileleshwa and the upper parts require connection to the City as well as connection between the ridges. The speculative behavior of the growth of the City has denied the most parts of the City of a proper road hierarchy. Below the Impala club there is public housing of middle income. There are isolated strings of commercial development on the major highway of Ngong. These development efforts require consolidation in one node. Ole Odume road, Gitanga road and Riara road, there are increasing redevelopment of increased density for both residential and commercial. Within this area there is no community and social facilities. Within certain subzones residents have put in place regulations to control development. Zone 5 The commercial node in Lavington is quite central but has not shown any prospects of growth. It lacks capacity to satisfy the demands of residents within the area. People access commercial services from other surrounding nodes. Lavington node requires expansion. Gitanga road spine, link to Ole Dume and Argwings is key link to the city centre for public transport vehicles and private motorists. To increase alternatives there is need for another particularly from Lavington through parts of zone 4 to in Kileleshwa to City Centre. Bernard estate and Lavington are undergoing intense redevelopment of higher densities through subdivisions into smaller plots but for single dwelling. High way and Manyani road west 128
Comprises high class residential buildings or developments. There is a presence of institutions at Ewaso Nyiro Park. The landscape has quite a number of streams and is quite dissected. There is increasing density of housing of double storey. Plot sizes range from 1 acre to a quarter an acre depending on availability of services. The area below the highway has scarcity of community and social services and experiences poor connectivity. The scale of population growth is not commensurate with the available community and social facilities. There is a high presence of private schools in the area. Public schools within zone 4 and 5 are not serving the local community within. The area of Strathmore linking riverside is undergoing redevelopment. There is also conflict of redevelopment with riparian areas. The connectivity of the ridges should be explored to ease movement of vehicle and people. ABC area has very high values and contains single dwelling residential development and some professional offices. The Kianda triangle has some serene environment that is attractive to high class residential units mostly of low density single dwelling. Increased redevelopment is taking place on Chalbi drive through subdivision. Initially Lavington had large plot sizes but has transformed into smaller plots. Typology of units has changed due to introduction of double units and smaller plot sizes as well as a number of units put on a single plot. It has aspects of gated communities taking place without upgrading infrastructure facilities and services as well as community and social facilities and services. On the upper part of Wayiaki way there is public institutions. Beyond the subzone, there is Kiuna public housing scheme of medium and low density. The upper areas of zone five have low density high cost residential developments. Some have converted into professional offices while plot sizes remain large of over half acre. The connectivity of the upper zone is poor showing the piecemeal approach to planning and development. Cross linkage is poor for both roads and water and sewerage. Community and social facilities are scanty in this area and commercial nodes are scarce or the available have stagnated in growth and few for the vast area. Planning of this area should incorporate commercial nodes, community and social facilities and also apply to zone 13. Useful linkages should be created across the valley ridges to make it more effective in terms of mobility. A hierarchy of neighbourhoods should be identified to be used as a basis of provision of a variety of nodes, and particularly a local commercial node. It also lacks a public transport system making it difficult for those who work in this area. There is no provision for the low income earners in this place in terms of housing, affordable commercial facilities, community and social services. It explains the presence of slums, kiosks within and proximity of the areas to the informal settlement areas of Kangemi, Dagoretti, Mathare and Kibera. Cross Cutting Issues Riparian reserve weakly considered in planning and development. It is a common resource area that has been privatized. Intensification of developments without upgrading of infrastructure capacity (roads, water, and sewer) 129
Diminishing tree cover in all the zones No commensurate growth in community, and social facilities and services as redevelopment towards high densities goes on. Patchwork approach to the development of zone 5 based on piece meal isolated comprehensive planning has a lot of inadequacies.
Overall spatial framework of reorganization based on the following Nodal system of reorganization to redistribute the concentration of developments based on a hierarchy-Higher level (Westland, Dagoretti, and Village Market), Second level (lavington, Yaya, Hurlingham) and lower level. Transport and infrastructure linkages (to the nodes and hierarchies, public transport systems, links to the rest of city, Drainage and riparian system which is the heritage of the City Enhanced institutional capacity in terms of personnel, and resources to implement and enforce planned development in collaboration with the city residents.
130
3.11 Institutional and Capacity Building 3.11.1 Overview The City Council of Nairobi, like any other local authority, is responsible for the provision of public services critical to its citizens and business sector as defined by the Local Government Act. The services include provision of water, garbage collection, local road maintenance, street cleaning and lighting, health and education. In addition, the council is expected to provide an important channel of enhancing citizen participation in the improvement of their socio-economic status, governance and accountability. Indeed in their 2006 2012 Strategic Plan, the council declares that its mission is To facilitate coordinated development and improved service delivery to stimulate economic activity, high quality of life and become one of the most attractive cities of the world (P. 27). In order to achieve this, the council requires having a viable institutional framework, a conducive environment and a competent as well as committed Human Resource Capital. The situation on the ground, however, is far from ideal. Available evidence show that the council has a lot of problems related to both institutional and human capital capacity. The unfortunate thing is that this has been the situation for many years. Several studies have been undertaken to identify the root cause of the councils poor performance and measures to address them have been proposed. Some of these studies include the Strategy for Local Government Reform in Kenya by the Commission of Inquiry chaired by Dr. William Odongo Omamo (late) in 1995 (The Omamo Report), Sector Review on Capacity Building for Metropolitan Governance of Nairobi by T.S. Chana and J.P. Mbogua in 1996 (The Mbogua Report) and Human Resource Development Strategy for Local Authorities in Kenya by T.S. Chana and J.P. Mbogua in 1999 (The Mbogua Report). The problem is that recommendations by these studies have not been implemented by the council. The council in their strategic plan admits that there is little evidence of the implementation of the recommendations arising from these studies (P. 22). The City Council of Nairobi, like any other local authority, is responsible for the provision of public services critical to its citizens and business sector as defined by the Local Government Act. The services include provision of water, garbage collection, local road maintenance, street cleaning and lighting, health and education. In addition, the council is expected to provide an important channel of enhancing citizen participation in the improvement of their socio-economic status, governance and accountability. Indeed in their 2006 2012 Strategic Plan, the council declares that its mission is To facilitate coordinated development and improved service delivery to stimulate economic activity, high quality of life and become one of the most attractive cities of t he world (P. 27).
131
In order to achieve this, the council requires to have a viable institutional framework, a conducive environment and a competent as well as committed Human Resource Capital. The situation on the ground, however, is far from ideal. Available evidence show that the council has a lot of problems related to both institutional and human capital capacity. The unfortunate thing is that this has been the situation for many years. Several studies have been undertaken to identify the root cause of the councils poor performance and measures to address them have been proposed. Some of these studies include the Strategy for Local Government Reform in Kenya by the Commission of Inquiry chaired by Dr. William Odongo Omamo (late) in 1995 (The Omamo Report), Sector Review on Capacity Building for Metropolitan Governance of Nairobi by T.S. Chana and J.P. Mbogua in 1996 (The Mbogua Report) and Human Resource Development Strategy for Local Authorities in Kenya by T.S. Chana and J.P. Mbogua in 1999 (The Mbogua Report). The problem is that recommendations by these studies have not been implemented by the council. The council in their strategic plan admits that there is little evidence of the implementation of the recommendations arising form these studies (P. 22). 3.11.2 Institutional Framework Institutional problems facing the City Council of Nairobi are common to all other local authorities in Kenya. Local authorities in Kenya, including the City Council of Nairobi, are mostly controlled by the Central Government (see table one). Control is exercised through the appointment and seconding of chief officers and other management and technical staff by the central government. Control is also exercised through extensive veto powers of financial, legislative and many other activities by the Central Government. Although these controls were intended to restrain excesses and instill financial as well as operational discipline, they have ended up creating a dependency syndrome seriously affecting the capacity of the local authorities to become responsible and effective as well as efficient providers of services to the local residents. The City Council of Nairobi is no exception to this situation.
132
TABLE ONE Local Government Structure in Kenya, 2001
Presidents Office Technical Ministry Provincial Commissioner URBAN LOCAL GOVTS RURAL Local govts with many urban and markets centres City & Municipal Councils Ministry of Local Government/Authorities
Provincial Dept. Heads Meeting, Education, Agricultural & Other Boards
District Dept. Heads Meetings, Dist. Land, Education & Other Boards
District Commissioner
County Councils
Division Lands & Education Boards, DD & Other Boards
District Officer at Division
Town Councils
Chief at Location
Location Development Committee
Urban Wards = rural locations elect one councilor each to the municipal or town councils
Rural locations equivalent to urban wards elect one councilor each to the county councils
Assistant Chief at Sub-Location
=PC/DC/DO is chairman or very influential member = PC/DC/DO is nominated councillor with veto powers or extra influence.
Source: Extra from a Report prepared by the agency for Development and Communication (ADEC) and submitted to the Government, January 2002. P. 13.
The second set of institutional problems are related to the way the council is organized. The affairs of the council are centrally managed with limited devolution to the recently established Ward Offices. Besides, this centrally managed system is not focused on results and performance accountability. It would appear that the council is still managed as if it is 133
meant to serve a much smaller population and has not responded to the rapid growth in the City and overflow from the peri-urban areas. The Wards are manned by a manager who has no technical staff to support him/her and have no equipment with which they can carry out minor maintenance activities. Thirdly the systems that are expected to provide support to the policy leaders and chief officers have all failed to function and the council itself admits this fact in their Strategic Plan (P. 24). These support systems are: Revenue management; Financial management including planning and budgeting; Planning and budgeting; Procurement and contract management; Human resource management; Facilities management and maintenance; and Enforcement of by-laws
The efficiency of the policy makers and City Councils technical dep artments is greatly hampered by the failure of these support systems. Consequently the Council appears to have resigned itself, to poor performance, self interest, and patronage. This tends to encourage occurrences of corruption. During the preparation of the 2006 2012 strategic plan, a questionnaire was administered by the council to both internal and external stakeholders seeking their opinion on the performance of the council. The findings, as indicated in the strategic plan (P.9), were as follows: 40% of the internal respondents rated the councils performance as good while 60% rated its performance as unsatisfactory or unacceptable. 10% of the external respondents rated the councils performance as good w hile 80% rated its performance as unsatisfactory or unacceptable and the remaining 10% had no comment to make. This means that it is not only the clients of the council who find its performance unsatisfactory but a majority of its own staff (60%) also find its performance unsatisfactory and unacceptable.
Finally, the existence of parallel local structures of the Central Government e.g. Provincial Administration and other organizations e.g. NGOs and CDF, without proper coordination, 134
has created confusion as to who is supposed to provide what services to the local residents. At the Ward level, for example, chiefs are known to perform the functions of the council and there is no coordination between the two of them. 3.11.3 Human Resource Capacity The first comprehensive survey of the establishment of the City Council of Nairobi was carried out in May 2010. The following findings were outlined in the report:a) Out of the total of about 12,000 staff in the council only 773 (6%) officers were in grades 1-9. This means that the council is bottom heavy consisting mainly of unskilled labour force. b) Some officers were holding posts that did not exist in the councils establishment e.g. in the Public Health and Environment Departments. c) The turnover of officers in the technical cadres was very high. d) Due to shortage of staff with technical skills, the council had resorted to requesting ministries to second staff to those departments (P. 16). Discussions with staff of the Human Resource Division (HRD) confirmed the following situations:a) The Council did not have an induction or structured in-service training programmes. There used to be an induction programme for newly elected and nominated councillors but it is no longer being done. b) The council did not have a training policy. c) There were departmental training committees but they only meet to discuss requests for training from staff and select appropriately. d) There was no skills inventory in the council because training needs assessment is not carried out in the council. e) The council provides for training in its annual budget; and f) There was no staff as well as departmental rationalization in the council. The staff establishment report of May 2010 show that there were 18,148 established posts in the council out of which 12,000 were in posts leaving a vacancy situation of 6,148. And out of the 12,000 in post, 2626 were employed in posts that had not been established then. Secondly, out of a total of 12,000 staff in the council only 773 (6%) were officers between grades 1-9. This means that the council heavily relies on its labourers, who constitute about 94% of the labour force, to provide services to the local residents.
135
These figures show that the council has very serious problems of inadequate and weak human resource capital. This is found at all levels of the council but mainly at the policy and technical levels. At the policy level, the biggest problem is poor leadership, policy and legislative inefficiency and ineffectiveness. There are similar problems at the professional and administrative levels. This is caused mainly by lack of a structured in-service training programme to enable the chief officers and the professional staff update their skills and understand their respective roles in relation to the mission and vision of the council. The situation is even worse at the subordinate staff level due to the recruitment of unskilled labour and lack of induction training programme at this level. These problems manifest themselves in the following forms:a) Lack of understanding of their roles, functions, rights, responsibilities and relations between them as members of the family of City Council of Nairobi. b) Poor leadership and management of council activities. c) Misunderstandings and conflict between councillors and staff, mistruct and suspicion between departments and misunderstandings between council staff and members of the public. d) Failure to understand and appreciate the constraints created by the scarcity of resources and the need to use the available scarce resources prudently. e) Misguided policies and poor policy initiatives. f) Poor or lack of services to the local residents; and g) Decline or stagnation in socio-economic growth and transformation.
3.11.4 Opportunities and Constraints The City Council of Nairobi is the capital City of Kenya. This position gives the council political significance in the management of National Affairs. The council can exploit the opportunity granted to it by this central position to transform itself and be able to offer efficient and effective services to its residents as well as its tourists. Being the centre of National Economic Activities, the council also benefits from the goodwill extended to the Government by Development Partners as well as by receiving increased financial support through the Local Government Transfer Funds (LATF) and Road Mainatenance Levy Fund (RMLF). Secondly the Government, through the Ministry of Local Authorities, is committed to reform and empower Local Authorities so that they play a more active role in the social economic transformation of the country. The Ministry of Local Authorities has itself prepared a strategic plan in which it has clarified its mission and vision which are both targeted at transforming local authorities. The mission of the Ministry is To facilitate Local 136
Authorities to achieve good governance and improved service delivery for enhanced socio-economic development The vision of the Ministry is To have viable, autonomous, accountable and responsive Local Authorities by the year 2025 . This provides a commitment, on the part of the Government, which can be exploited by the council to achieve its own mission and vision. Thirdly, the council is rich in physical resources including schools, houses, health facilities, social and sports facilities, parking facilities and land. If properly managed, these resources could provide the council with the much needed revenue to enable it provide quality services to the residents. Finally the council has, within it, a small team of committed people who have maintained a sense of professionalism. It is this small team of people, both at policy and technical levels, that has produced some of the improvements that the City Council of Nairobi has been able to demonstrate. This team could be identified and be motivated to serve as champions in the transformation of the council. The City Council of Nairobi has numerous weaknesses that act as constraints and limit its ability to transform itself into an effective agent of delivering economic development to its residents. First the leadership of the council, both at policy and technical levels, is weak. Secondly the failure of its support systems, especially revenue management, human resource management, financial management and procurement, has resulted not only to the failure to collect all the revenues due but also considerable waste and leakages of those revenues. Thirdly, the councils large and unproductive labour force is a major weakness. This not only continues to consume significant resources that would otherwise be directed towards service delivery but also contributes to the lethargy and malaise within the council and the resulting poor image. This situation is worsened by an ingrained culture of corruption and patronage that has pervaded the council. Finally during the stakeholders forum held on 13th July, 2011 a number of problems were identified. They included the following:a) Low capacity in terms of institutional structure and human resource capital both in the city council and at the residents associations levels. b) Over- centralization of the delivery of services by the City Council of Nairobi. c) Lack of coordination of the agencies involved in the provision of services to the residents to its residents. d) Lack of legal backing of the Residents Associations leading to poor participatory governance; and e) Weak and outdated legal framework governing development in the City Council of Nairobi. 137
3.11.5 Urban Management Issues Background A quick impression that one gets about these areas under this study is that they were reserved for the well to do in the colonial times and this continued even after Kenyas independence. Some of the old buildings which were classic in the early 1960s are however changing for very modern and expensive residential and commercial buildings, in some instances dwarfing the aesthetic value of the remaining old buildings had. Within this area are also low and middle class residential apartments and kiosks which have sprung up in the last 15 years. In some of the areas, there are inferior and haphazard developments that have been constructed in the recent past that do not flow with the areas envisaged development control which hosts the highest class of citizens including State House, United Nations Headquarters and majority of the Embassies. Since the early 1990s, the area has recorded progressive human settlement and densification that has also meant more land subdivisions. Land uses has in the process greatly changed and so are the non compliance with City Hall development zoning policies which have unfortunately not changed with the supply and demand forces, hence the mushrooming of unauthorized development. The social infrastructure that was meant for the smaller population is now overstretched. Traffic jams especially early in the morning and late evening are a common happening. Low income pedestrians usually traverse in this area on the edges of the paved roads along nonexistent walkways from the neighborhoods such as Kibera, Kawangware, Kangemi, Gachie, Mathare either to come to work in these areas or to and from the city. The council has not been able to effectively handle these upcoming developments. This is partly because they happen at a much faster rate than the council can approve them. But the underlying reasons include centralized City Hall management where planning among other services are not provided at the wards, weak and inadequate institutional capacity, disconnect between plan preparation, implementation and development control and the fact that there is poor coordination and working relation between City Hall and other government agencies on the one hand and the other interested stakeholders and developers. Major decisions are made in City Hall and this information and interactions with the intended communities take quite some while to reach them. A summary of what therefore now happens is that in the recent past, many developers in this area have constructed without approved development plans or councils supervision. One of the claims has been that it takes much longer than the stipulated 30 days in the Building Code 138
within which a building plan once is presented to the council should be approved. On the other hand, there are no technical staffs at the wards to supervise. Furthermore, City Hall management style tends to practice top down approach such that even the few junior staff at the ward level, including the ward manager has limited latitude in decision making. The senior staff occasionally traverses the area to check out those putting up development without council approval. We were informed that some apartments were being constructed at night to escape the council enforcement. This time lag between City Hall and developers interacting and the fact that there is no elaborate management information system, city hall may not know what the developers are doing in real time unless the officers make physical checks. This has led in many instances to non adherence on zoning policies. Investors have also raised complaints that the planning standards and regulations are outdated. Developers are keen on returns on investment but the zoning and development control and such tools as the building code are claimed to be not realistic and a disincentive. Some of the contentious regulations the developers also raise concern are whether the current requirement of maximum 4 storey building where there are no lift and the demand for development not exceeding about 70% of plot coverage, leaving the rest as open space are economical. Arising from these unplanned land-use developments, it was observed that in some instances, some of the upcoming high rise buildings are devaluing the adjacent one dwelling unit properties.
Existing Situation The common observation in this area of study is that zoning and land use regulations have not been flexible. The development control has been rather restrictive whereas the investors are innovative and wish to seize economic opportunities to maximize their incomes without necessarily compromising the quality of life. Developers have therefore constructed where the council would not have wished or construction had not been done according to the specifications. Although there were no reported cases of collapsed buildings, as has lately been experienced in the East lands, the council still needs to investigate whether the rapid high rise buildings especially, meet the building code standards and other relevant council regulations. The other quick observation is that the economic relationship between place of residence, place of work and place of social activities was by and by becoming inefficient and ineffective.
139
It is usually this defect that the developers try to shorten and equalize the distances these three interactive relationships bear in everyday life. For example the shopping centers planned in the 1970s are quite far from the neighborhoods and also cannot supply the residents needs. This has seen the emergence of supermarkets and kiosks. There are very few offices located here as was planned then, which increase transport costs and traffic jams as residents travel outside the area to place of work. In an ideal planning matrix, the triangular distance relationship between place of residence, work and social facilities should be similar. Some of these development initiatives arise from the fact that the council has not provided them, or investors cash in on the rapid demand. For example, there are no well established retail markets in the areas under study. Residents are utilizing open spaces or road reserves as the open markets for foodstuff. Super markets that are being established are supplying fresh foods retail among other shopping needs. Most of residential houses are privately owned. The council owns a few and has not developed more houses in this area since the 1970s. Other government agencies in the provision of housing such as Ministry of Housing, National Housing Corporation and Housing Finance Corporation of Kenya are cooperating with donors and financial institutions to develop. The annual demand for habitable houses in the entire Nairobi City Council is in excess of 150,000 units. This is usually not met and the demand to supply this backlog has spilled over to this area, hence the increased construction of high rise apartments.
Decentralization It does seem very clear that more staffing at the wards would help to enforce development regulations. The council started a decentralization programme in 2003. Skeleton staff were transferred to the wards and basic offices constructed to house the Ward Manager and area Councillor. The respective departments were to be represented in the ward so that more and more basic day to day responsibilities are conducted by the ward officers such as the enforcement of development control. Effective decentralization is still inadequate and members of the public still go to City Hall for many issues that could efficiently be handled at the ward offices. This is however likely to change once County Government becomes operational in 2013 since it shall be mandatory to have structures and devolve governance up to the neighborhood level. As at now, resolving and enforcing planning issues take a rather long time. This encourages illegal development. Communication system from City Hall to the wards and other interested stakeholders is usually vertical and rarely consultative. A horizontal communication would place the 140
interested stakeholders in an interactive pedestal and take less time to resolve issues such as having building plans approved faster. To improve adherence to the spatial planning that shall be recommended in this report, a consortial urban operation would seem the better approach in communication. This approach would involve a totality of interventions and measures coordinated by the council, with the participation of property owners, residents, permanent users and private investors with the objective of undertaking structural urban transformations, social improvements and environmental benefits in the area under this study. This shall include review of rate-able and fiscal contributions to the council budget and review of the annual budgetary allocations for social infrastructure investments. It does seem there shall be need to review character of land subdivisions, use and occupation as well as the alterations of building norms, but consider the environmental impacts that arise from the densification. Still, it does seem there shall be need for regularization of existing construction, reform or expansion executed in violation of existing planning legislation. The outcome of this study advocates for developers to prepare Neghbourhood Impact Study (as well as Environmental Impact Assessment which is currently mandatory for certain development threshold) so that land-use trends has majority approval from the communities in that neighborhoods. Currently, the developer is usually supposed to place a notice in the local dailies informing of intended development and any one with dissenting opinion to make objections to the council. There is however scanty information what it entails and forum for the public scrutinize the proposals. Furthermore, there have been incidences where unscrupulous developers place change of user advertisements without the councils consent, then go ahead to construct.
141
PART FOUR: PROPOSALS

4.1 Social Development Strategy 4.1.1 Educational Facilities There are 5 kindergartens, 29 pre-schools, 55 primary schools, and 36 secondary schools in the planning area. Table 9 presents the projected growth in the number of educational institutions during the period 2015 2035, the development plan period. Guided by the established planning standards of kindergarten independent of primary school for every 3 000 persons in the population, one pre-school (nursery school) per 3 500 persons, a primary school for every 5 000 persons, and one secondary school for every 20 000 persons in the population, by 2015, a total of 49 kindergartens, 42 pre-primary schools, 29 primary schools and 7 secondary schools will be required in the planning area. This means that there will be a deficit of 44 kindergartens and 13 pre-schools but no additional primary and secondary schools will be required; the number of exiting primary and secondary schools will continue to surpass the thresholds required for the different periods throughout then development plans lifespan. For the projected demand for educational institutions for 2020 to be met, an additional four (4) kindergartens and three (3) pre-schools will be required; the existing primary and secondary schools will exceed the 2020 threshold. For 2025, three (3) additional kindergartens as well as pre-schools will be required. A similar number of additional institutions will be required for the two categories for 2030. Finally, by 2035 an additional four (4) kindergartens and three (3) pre-school will be required in the planning area. Table 9: Projected Total Number of Educational Institutions, 2015-2035 Type Institutions Kindergartens Pre-schools of
Existing Institutions Additional Institutions Required 2015 2020 2025 2030 2035
5 29
44 [49]
4 [53]
3 [56]
3 [59]
4 [63]
13 3 [42] [45] 55 0 0 Primary Schools [29] [32] Secondary 36 0 0 Schools [7] [8] Note: The bracketed figures represent the total number of year.
3 3 3 [48] [51] [54] 0 0 0 [34] [36] [38] 0 0 0 [8] [9] [9] institutions required during that
142
Other major challenges facing the provision of education in planning area are aging buildings and overcrowding in classrooms especially in public schools. To arrest this situation, it is proposed that the Nairobi City Council invests in the renewal (renovation) and the expansion of existing schools. However, the overcrowding problem could easily be addressed through the provision of more public schools; the planning area is currently dominated by private schools which tend to cater for students from outside the planning area. Not to forget that the few public schools found in the area tend to attract students from neighbouring middle and high density residential areas because they are considered to be of better quality and also because the residents of the planning area tend to send their children mainly to private schools. This raises the issue as to whether; additional public schools should be located here or in the neighbouring middle- and high-density residential areas from which students are drawn. Land Requirements Existing planning standards recommend 0.15 - 0.25 hectares of land for a kindergarten and pre-school. The standards also prescribe 3.25 hectares and 4.0 hectares as the required plot size for (3 stream) primary and secondary schools, respectively. Table 10 presents the projected land required to accommodate the additional educational institutions during the plan period, 2015 - 2035. As evident from the table, the total of 20.75 hectares of land will be required by the end of the plan period for additional educational institutions. Of this total 14.50 hectares will be for kindergartens while the remaining 6.25 hectares will be for preschools. Table 10: Land (in Hectares) Required for Additional Educational Institutions, 20152035 Year 2015 2020 2025 2030 2035 Total Kindergartens 11.0 1.0 0.75 0.75 1.0 14.50 Pre-schools 3.25 0.75 0.75 0.75 0.75 6.25 Primary School 0 0 0 0 0 0 Secondary School 0 0 0 0 0 0 Total 14.25 1.75 1.50 1.50 1.75 20.75
143
4.1.2 Health Facilities The major challenges facing healthcare delivery in the planning area include: Inadequate healthcare facilities. Inadequate funding: The budget for healthcare is 7% instead of the 15% as per the Bamako conference of 1978. Inadequate healthcare personnel; doctors, clinical officers, nurses, midwives etc.
The solution to the first challenge lies in the provision of additional healthcare facilities during the plan period. As can be deduced from Table 11, the planning area has a total of nine (9) health centres, excluding the privately run hospitals like MP Shah hospital, Aga Khan hospital, and Nairobi Womens hospital; there exists no District hospital in the area. Planning standards prescribe one health centre and one District hospital for every 20 000 and 50 000 persons in the population, respectively. Table 12 presents the projected growth in the number of health centres and district hospitals in the planning area during the development plan period, 2015 - 2035. As can be deduced from the table, the area not requires any additional health centres but will require six (6) new district hospitals during the plan period. Table 12: Projected Total Number of Healthcare Facilities, 2012-2035 Type of Institutions Health Centres Existing Facilities 9 Additional Institutions Required 2015 0 [7] District Hospitals 0 5 [3] 2020 0 [8] 0 [3] 2025 0 [8] 0 [3 2030 0 [9] 1 [4] 2035 0 [9] 0 [4]
Note: The bracketed figures represent the total number of institutions required during that year. Land Requirements Based on the existing planning standards, 0.4 hectares of land is required per health centre while a district hospital requires 8 hectares of land. Table 13 presents the projected land required to accommodate the additional health care facilities for the plan period, 2015 - 2035.
144
The table shows that to provide new district hospitals to the end of the plan period will require a total of 48 hectares of land. Table 13: Land (in Hectares) Required for Additional Healthcare Facilities, 2015-2035 Year 2015 2020 2025 2030 2035 Total Health Centres 0.0 0.0 0.0 0.0 0.0 0.0 District Hospitals 40.0 0.0 0.0 8.0 0.0 48.0 Total 40.0 0.0 0.0 8.0 0.0 48.0
145
4.1.3 Community and Social Amenities Existing planning standards recommend the provision of one (1) church for every 20 000 persons in the population, a police station for every 20 000 persons, one (1) post office per 50 0004 persons, a community centre for every 20 000 persons, a library facility per 20 000 persons, and a fire station for every 100 000 in the population. As evident from Table 15, the planning area will continue to have more than adequate churches and police posts but is deficient with regard to post offices, community centres, fire stations and libraries. Specifically, the area will require the provision an additional three (3) post offices and seven (7) community centres as well the development of nine (9) new libraries and two (2) fire stations by the end of the plan period. Table 15: Projected Number of Selected Social Amenities, 2015-2035 Type of Institutions Churches Police stations Post Offices Community Centres Libraries Fire Stations
Existing Institutions Additional Institutions Required 2015 2020 2025 2030 2035
28 10 1 2 0 0
0 [7] 0 [3] 2 [3] 5 [7] 7 [7] 1 [1]
0 [8] 0 [3] 0 [3] 1 [8] 1 [8] 1 [2]
0 [8] 0 [3] 0 [3] 0 [8] 0 [8] 0 [2]
0 [9] 0 [4] 1 [4] 1 [9] 1 [9] 0 [2]
0 [9] 0 [4] 0 [4] 0 [9] 0 [9] 0 [2]
Note: The bracketed figures represent the total number of institutions required during that year Land Requirements The land required to accommodate the additional social amenities required during the plan period is presented in Table 16. As evident from the table, a total of 8.4 hectares will be required as follows: 1.2 hectares for post offices, 2.8 hectares for community centres, 3.6 hectares for libraries, and 0.8 hectares for fire stations.
The planning standards require one (1) post office for every 40 0000 persons in the population. However, because of changes in communication technology (e.g. use of e-mail) the post office is playing a diminishing role in society and hence the decision to use 50 000 persons in the population.
146
Table 16: Land (in Hectares) Required for Other Social Amenities, 2015-2035 Year
2015 2020 2025 2030 Churches Police Stations 0.0 0.0 Post Offices 0.8 0.0 0.0 0.4 Community Centres 2.0 0.4 0.0 0.4 Libraries Fire Stations 0.4 0.4 0.0 0.0 Total
0.0 0.0
2.8 0.4 0.0 0.4
6.0 1.2 0.0 1.2
0.0
0.0
0.0
0.0
2035 Total
0.0 0.0
0.0 0.0
0.0 1.2
0.0 2.8
0.0 3.6
0.0 0.8
0.0 8.4
147
4.2 Environmental Management Strategy 4.2.1 Riparian It is recommended that all concerned and approving authorities make observing of riparian reserves a condition of any licences issued. WARMA, the lead agency in water resources, recommend a riparian of between 6 and 30 metres. This should be strictly enforced. The agreed upon riparian can only be arrived at after a pegging exercise as various considerations are taken into account, thus making it impossible to arrive at one blanket regulation that is suitable for all sites. Riparian distances are therefore site-specific. Water should be used efficiently with localized water supply sources that reduce demands on main city water supply. Residents should take advantage of rainwater by installing rainwater harvesting facilities and storing it. Rainwater, if collected in suitable receptacles, can be potable. Waste water should be treated and recycled. It is suitable for use in gardening, cleaning external areas and cars, etc. Waterways should be kept clean and pollution free to encourage diverse and abundant ecosystems. Tree planting along waterway banks should be encouraged for soil stabilization.
Roles and responsibilities of actors: Neighbourhood Associations, private residents, City Council to put conditions on licences that make installation of rain-water collection and Waste Water Treatment Plants compulsory, KFS, Greenbelt Movement and private residents in tree-planting.
Guidelines for funding: Neighbourhood Associations, City Council, private residents and all other stake-holders.
148
4.2.2 Green Public Space Nairobi has retained a limited amount of green space within the city. Apart from Uhuru Park which is in the CBD, other smaller green public spaces within the study area include: the green area off Peponi Road in Zone 5, opposite the up-coming Aga Khan Graduate School for Media and Communication; City Park in Parklands in Zone 3, opposite the Aga Khan University Teaching Hospital.
Green spaces help to maintain biodiversity, filter pollutants from the air and act as minor water catchment areas within and on the outskirts of the city. Although these green spaces have been protected, it is evident that natural vegetation is being lost in the city due to numerous and uncontrolled developments. The few green public spaces within the study area are overgrown and often pose a security hazard as they are too bushy and are an ideal hiding place for criminals. Recommendations Green spaces are an ideal opportunity for the Local Authority to raise its profile in the eyes of all city dwellers. It is easier to attract investors to buy-in to this type of project as it is a winwin situation for all parties involved. There is public gain for the general public who will have a green space to enjoy. There is added advantage for the investor as they would have an elevated public profile and enjoy benefits of Corporate Social Responsibility and lastly the City of Nairobi would benefit from having a green lung that would enhance its aesthetics and air quality.
149
Roles and responsibilities of actors: City Council Investors
Guidelines for funding: PPP For Air Pollution, Solid Waste Management and Wastewater Management please see the table Environmental Management Plan (forwarded for ease of reference). It outlines proposal and assigns roles and responsibilities. The only thing that was missing is Guidelines for funding which are proposed as follows: 1. Air Pollution a. GOK through NEMA, City Council of Nairobi b. Industries through the Kenya Association of Manufacturers and individual industry owners c. Energy Regulatory Commission 2. Solid Waste Management a. GOK through the City Council of Nairobi b. Private waste management companies 3. Wastewater Management a. GOK through NEMA and Min. of Water b. Property Developers
150
4.2.3 The General Environmental Management Plan (EMP) a) Air Pollution from different sources AIR POLLUTION FROM DIFFERENT SOURCES Recommended Mitigation Measures Strengthen the existing and new vehicle emission standards Enforce inspection and proper maintenance systems Coordination with oil companies to provide cleaner fuels Require that new vehicles should be installed with emission control devices National Environment Management Authority City Council of Nairobi
Source Mobile Sources e.g. Traffic
Responsible Party Ministry of Environment and mineral resources
Implement programmes to combine road safety and emission control under a Energy Regulatory centralized system operated by private sector and regulated by Government Commission Implement roadside enforcement programmes to focus on gross polluting vehicles Car owners ** Improve and increase existing mode share of public transport, walking and cycling Develop cost-effective mass transit system that meet present and future mobility needs Restrict demand for private motorized traffic Improve traffic management to enhance flow of people and goods Promote and encourage use of non-motorized transport for short distance trips Improve and strengthen emission standards 151 Companies, NGOs, Government offices, parastatals etc. Ministry of Environment and
Stationary Sources e.g.
Industries
Promote and encourage adoption of best available technology Promote adoption of clean technologies and cleaner production Encourage the adoption of environmental management systems
mineral resources NEMA
Review whether environmental impact assessment report/study sufficiently Ministry of industrialization addresses air quality concerns Kenya Cleaner Production Integrate air quality in land use planning to prevent new undesirable industrial *** developments City Council of Nairobi Review ambient air quality monitoring results and source appointment to ascertain whether there is need for stricter standards for stationary sources Industry/factory owners Ensure that land use planning takes into account the need for zoning and segregation of heavy polluting industries Review whether adjustments to environmental impact assessment procedures are required and ensure that mitigating measures are implemented City Council of Nairobi Area Source e.g. Enact regulations prohibiting the emissions of excessive construction dust construction & demolition activities Enforce implementation of measures to reduce dust from construction sites NEMA Spray of water on bare grounds during construction activities Building a buffer fence around construction site Materials drop height to be kept to minimum Dust sheets over surface of stockpiled materials 152 Developers & constructor
Develop road cleaning programmes and ensure linkage with road design and greening programs to prevent dust NEMA Open burning of solid Enact regulations prohibiting open burning of solid waste waste Re-use and recycling should be given priority before disposing of solid waste Avoid burning waste in open and solid waste should be disposed of in the right Residents manner Companies A designated sheltered place should be available/provided in all types of developments (commercial, residential, offices etc.) where solid waste should be Developers stored before collection by licensed transporters. General: Explore and introduce where possible alternative energy sources to reduce emission of greenhouse gases Conduct educational campaigns and demonstration workshops for industries, commerce, the community and Government; on improved air quality and reduction of greenhouse gases
b) Solid Waste Management SOLID WASTE MANAGEMENT Recommended mitigation measures Put in place a comprehensive waste collection and disposal system and infrastructure
Source Households/ domestic,
Responsible party City Council of Nairobi
Upgrade and increase waste disposal facilities continually in tandem with increase in NEMA waste generation and tighten pollution control requirement Private Sectors Implement a system to ensure that the design of buildings incorporates provisions to facilitate refuse collection Ministry of Environment 153
All solid waste should be collected regularly for proper disposal. Proper equipment and and mineral resources vehicles should be used Residents Polluter-pays principle should be applied Industries/factories ** Develop and implement an effective programme to deter and prevent illegal dumping and open burning of refuse Developers Enhance public education, awareness and participation Segregation of waste at source Construction and Segregation of waste at source demolition activities Re-use and recycling should be given priority Regular inspection of construction sites Industrial commercial and Segregation of waste at source Encourage prevention of waste generation, re-use and recycling Prevent pollution from toxic and hazardous waste Install facilities for proper disposal of hazardous and toxic waste Enact and enforce legislation that prohibit illegal dumping and open burning. Conduct regular review of the legislation and tighten them where necessary Ensure that sources of hazardous and toxic waste can manage and dispose of their hazardous and toxic waste safely before starting operation NEMA Local Authority Occupants Developers
Developers Contractors construction workers and
154
Carry out regular inspections to sources that generate hazardous and toxic waste Promote waste minimization and reduction programmes. e.g. Encourage minimal packaging for consumer products to minimize excessive distribution of plastic bags in shops etc. Set refuse-disposal fees that would discourage excessive waste generation Consider feasibility of take back-laws e.g. for electrical and electronic appliances etc.
City Council of Nairobi
Promote recycling activities and develop recycling industries Implement city (study area)* waste recycling programme, if necessary recycling laws Introduce an efficient and effective scheme to collect recyclables to encourage recycling in homes Introduce recycling bins at strategic public locations Introduce and encourage recycling of industrial and commercial waste Introduce habit of recycling in the community, schools and across the workforce through educational programmes Set up waste sorting plants to speed up recycling process so as to encourage more players to enter the recycling market and
Shop owners Shops, super-markets etc. should indicate the price of a shopping plastic bag in the individuals receipts. (this will discourage the customers to take a new plastic bag every time and will force them to buy re-usable shopping bags or recycle those already bought)
155
General: Consumers should change their use and throw mentality Promote innovative technologies to reuse waste Introduce programs that put value to waste to encourage recycling Increase awareness on waste minimization and recycling Incorporate waste minimization, recycling and nature appreciation into formal education programme In residential, commercial and industrial developments, different waste containers should be provided and labeled for example: biowaste, paper, cartons, tin, glass etc. to encourage waste segregation at source. Implement public education e.g. through media, to increase awareness on the importance of waste minimization and recycling, green consumerism and nature conservation Conduct education campaigns to increase public awareness on the environmental problems caused by littering and poor solid waste management Facilitate and encourage community/public projects on waste minimization and recycling Engage research and development partnerships with private sectors to develop waste minimization, recycling and reuse and nature conservation technologies Include environment subjects into teaching curricula of all school levels Strengthen manpower logistics for different components of solid waste management
c) Waste Water Management WASTE WATER MANAGEMENT Recommended mitigation measures Improvement and provision of infrastructure Prevent and minimize water pollution at source Provide sewerage systems to serve all households.
Source Households/ domestic,
Responsible party City Council of Nairobi NEMA Water Resources Management Authority
Segregate/zone land areas for different uses to safeguard 156
water catchments
Nairobi Water and Sewerage Company
Conduct regular checks for sewage pipes blockages, leakages or damages Private Sectors Monitor effluent quality regularly to ensure that the Ministry of Environment and stipulated discharge rules and standards are not violated. mineral resources
Industrial and commercial
(sewerage leakages and discharge of Institute a system/procedure to assess impact of each Residents development before implementation industrial effluent into the environment) Industries/factories ** Inspect industries to ensure that the best available technologies are incorporated into its processes/activities Enforce/require industries to install analysers/meters to monitor effluent quality before discharge Prohibit wastewater from polluting discharging into drains, canals etc. activities from
Monitor and pretreat effluent before discharge into sewer or watercourses
Use of best available water pollution control technologies in industries Enact and enforce legislation to control water pollution Adopt polluter-pays principle Water quality must meet standards for its intended uses 157
General: Monitor water quality of watercourses Conduct regular review of water monitoring programmes to ensure that they remain relevant and to ensure that new emerging pollutants are monitored Upgrade water monitoring and assessment capabilities Promote integrated water management structure, multi-sectoral and national-local consultations Promote Government, public and private partnership Encourage reuse and recycling of wastewater. New and existing developments should be encouraged to practice sustainable development. On-site wastewater treatment systems should be used to ensure recycling of water. Upgrade sewerage system and wastewater treatment facilities to meet increasing wastewater generation and minimize water leakages Sewerage treatment plants should not be located within water catchment areas
158
4.3 Local Economic Development Strategy Commercial/employment area proposals are consistent with the goals and objectives of the City and the country as spelt out in the economic pillar of vision 2030. This is based on the Citys current structural context and anticipated growth as relates to present and planned future growth of employment demand. The authority to oversee the implementation of commercial developments with respect to nature, size and location is provided by the Planning Act, and Local Government Act. Others include official plans and zoning by laws. Basis of employment area provision on a hierarchy is the planned function I relation to the size covered and population to be served that ensures accessibility by the community by various modes and equally distributed. This is reinforced by the fact that there is a variety of service with differentiated demand threshold. Municipalities and Cities have applied different choice approaches as dictated by the circumstances. These are the application of the traditional hierarchical approach, using population threshold, to determine the size of the commercial jurisdiction. It was referred to as the controlled approach. This was found to be impracticable and inappropriate due to the fact that retail market changes quickly and policies which tightly control the development of commercial spaces do not respond well to market changes. Secondly eliminated restrictions and apply detailed design guidelines to direct the form of development on the assumption that consumer choices will determine the location and amount of development. This is called maximum choice approach. This could lead to concentration of development in one area and leave out others, proliferation of developments as in most cases the investors dictate the type of investments rather than the consumers. Thirdly, the use of a flexible control approach which is more strategic and less prescriptive on policies. This reflects a balanced approach which has the benefit of responding to the market changes but still prescriptive in the expected level of design and site standards. In the proposals the hierarchy mixed with market trends has been applied. One of the key goals for commercial development within a city is to provide a good range and distribution of retail and service commercial uses to ensure all areas are well served. Commercial developments should be available to neighbourhoods and communities to ensure daily and weekly shopping needs are met besides providing local employment. It is important for the City Council of Nairobi to ensure that in proposing and regulating land use for commercial purposes the public interest should be served by ensuring that three aspects are adhered to. These are ensuring convenient access to a wide range of goods and services, the efficient use of infrastructure (good location, adequate infrastructure, no environmental disturbance), and avoidance of blight. Applying the flexible control approach, distribution, access to commercial services, income levels and level of services three types of commercial nodes are envisaged in the planning area. The nodes and population thresholds are as indicated in the table below in a three tier system or hierarchy.
159
Table 1-4: Proposal for Commercial Nodes

Tier/Hierarchy Population Distance Type Zone 3 Main CBD Secondary Commercial Node A section of Westland A section of Westlands to Karuna Road Dagoretti Corner Centre Hurlingham A. Kodhek-Yaya Centre Neighbourhood Commercial Node Highridge Centre Extended Westlands Adams Arcade Valley Arcade Local Neighbourhood City Park Centre Kileleshwa (ManderaLaikipia Road) Lower Spring Valley (Shanzu Lower Kabete Road Junction) ABC Centre Upper Spring Valley on Lower Kabete Road Junction of Lake View Drive Lower Kabete Road, Kaptagat Road Local Centre None I Over 250,000 II 100,000-250,000 III 50,000-100,000 IV 20,000 V Below 10,000
Zone 4
Kasuku Centre
Zone 5
Lavington Centre Loresho Centre
Suggested Activities
All the activities in the lower nodes in addition to international
Retail shopping Commercial & all offices (local & International Self-contained supermarkets/malls Hotels, Restaurants Entertainment Petrol Stations Drug Stores Fresh Produce Market Electronic shops Bakery, Professional Colleges, Forex Bureaus, All major Banks, Insurance and Real Estate Postal & Telephone Exchange, Sub Fire Station, Hostels, ICT Centre, Termini, and Multi-level Parking, Laundry, Carpet Cleaning, Auto spares, Light Industry Auto repair, Showrooms, Veterinary, Private Hospitals, Sub District Public Health centre, Municipal or decentralized Council offices, Personal services, Light industry, Police station, Generate employment
Retail shopping, Commercial & all offices for local agencies Super market Petrol station, Restaurant, Laundry, Carpet Cleaning Car wash, Chemist, Private clinics & Laboratory, Guest House, Hostels, Entertainment, Police Post, Dispensary, Fresh Produce Market, Generate employment
Retail shopping, Commercial offices Laundry & Carpet cleaning Chemist, Local health centre, Laboratory Generate employment
Retail shopping, Local level service activities Generate employment
160
Introduction of a hierarchy of nodes specified as, secondary (Westland) being shared by zone 3 & 4, Dagoretti Corner and Hurlingham Argwings Kodhek Yaya Centre with population catchment shown in the table and level of activities. This is followed by neighbourhood commercial nodes also illustrated in the table above in zones three, four and five together with expected level of activities. Another level is that of local neighbourhood centre in the three zones and the level of activities. The last is a local centre with its catchment population and level of activities. This will add to the employment generation of the zones and help in reducing traffic congestion with the introduction of E-commerce. The areas are shown in Map 2 Dagoretti Corner node will have mixed use developments noting the already available concentration of institutions. These functions would range from commercial, institutional, light industrial and particularly location of waste recycling, and ICT related businesses All the secondary commercial nodes should have a business ICT centre to tap into Business Process Outsourcing as a way of generating employment for the youth and in line with vision 2030 Enhanced linkage of the nodes with enhanced road network (Dagoretti Corner node to be linked to westlands and eventually CBD, through James Gichuru and Wayiaki way, Ngong Road Kilimani Ring Road Argwings road Yaya; Gigiri Village Market via Limuru road to Town, Via Limuru Road, Red Hill Road, Peponi Road Westlands) In zone 4, creation of a commercial node in Kileleshwa between Laikipia and Mandera Road In zone 5, on Kaptagat road, next to welcome, has water front development taking commercial character which should be enhanced to serve Kiuna and Loresho people Intensification of the existing nodes in all types and expansion within defined limits where space allows, In case of space constraints, planning gain to be applied by the City council besides the use of lease instrument at the time of renewal. Land ownership factor to be streamlined where it is the constraining element in some nodes like Adams arcade, and Lavington so that the growth potential of some nodes can be realized Council in partnership with private sector to commission comprehensive commercial/employment policy reviews to generate information required and also suggest a commercial policy framework for implementation. This entail determining the commercial area size, activities, sources of supplies, floor space, parking requirements, service levels in each of the nodes and accessibility. This should be accompanied by urban design guideline for the commercial nodes
161
Provide incentives for the provision of common essential services like fresh produce markets in distributed in all the zones Corridor commercial developments along the Highway (Wayiaki) for their functional efficiency should be where there are slip roads for acceleration and de-acceleration to avoid direct access to the highway Corridor commercial developments on Ngong road for their functional efficiency and protection of investments should be well located observing the necessary setbacks and building line regulations to preserve the space for future expansion and avoid demolitions. Possibility of acceleration and de-acceleration lanes be looked into on Ngong road Closer monitoring of the approved plans and construction rates to establish the measurement of employment generated in the building and construction sector in the planning area The City Council in partnership with residents and informal activity owners where possible to hold consultative meeting towards finding a solution of incorporating them in the suggested nodes and others areas where there is space. The design and appearance of the structures to be improved in line with the good appearance of the area.
162
4.4 Financial and Investment Management Plan In summary the following are challenges and opportunities observed within the council in so far as matters financial and investment management are concerned. Challenges The amount and timing of payment of CILOR by government against known assessments are generally unpredictable at the end of each year. The city council continues to levy a site value rate whose yields are much lower than the improved property value rate whose yield would be much higher. The councils property tax registers, valuation rolls and physical planning maps and registers are not linked and cannot be simultaneously up-dated to assist it in assessments and invoicing of property taxes due. The categorizations of businesses for purposes of levying a SBP are too broad to conveniently accommodate the many different and unique characteristics of businesses in the city. There is no register of businesses operating in the city Complaint that the Ministry takes unusually long to approve or decide otherwise on the councils proposals to revise its user charge fees and rate struck. There are no transparent and accountable mechanisms to ensure for utilization of development funds (Resource Envelope) that is determined annually and allocated to elected councillors who together with the Ward Committee oversee its use for financing implementation of activities and projects identified and prioritized through the LASDAP process for their respective electoral wards. The councils revenue and expenditure estimates are based on the preceding years actual levels and therefore project likely outcomes under existing circumstances as opposed to outcomes based on the highest possible revenue of the base can yield. The councils accounting, reporting and other financial management operations are not fully computerized and inter-linked.
Opportunities The amounts of LATF, RMLF and other inter-governmental transfer grants to the city council have been increasing annually and are likely to become the principle and most reliable source of revenue for the council.
163
The laws empowering the council to raise revenue are in place and it has formulated by-laws, policies and regulations to ensure collection of revenue due and to guide use of available resources on planned activities. The council comprises very enlightened membership and has in place a professionally qualified workforce. The Stakeholder including the private sector, NGOs, CBOs, faith-based organisations and residents (individually or in groups) are keen for opportunity to be positively involved in council operations. The basic infrastructure and equipment necessary for provision of local authority services are in place (although poorly maintained) The LASDAP, through the performance contracts and through the budgetary review processes, the council has installed elaborate procedures to continuously monitor and evaluate all its activities.
Detailed analyses of the councils revenue s and expenditure highlighted operational problems for which solutions were prescribed and principal actors identified as outlined in table 9 below:-
164
Table10:
Revenue mobilisation and Investment problems, proposed solutions and actors

Proposed roles Reduce proportion of resources used on staff emoluments through Job evaluations to rationalize employee jobs content and determine optimum staff positions per service/activity/cost centre Regular training programmes for councilors, senior and other staff to ensure increased positive contributions to overall operating results by a reduced staff. Implement the LAIFOMS software Consider fixing: The time the Ministry should take to act on specific requests of councils, or the time after which and even in the absence of response from the ministry, the council should assume its requests have been granted NCC, MOLG, Stakeholders, Actors NCC, MOLG,
Observed problem
Most of available resources are spent on staff costs leaving very little for services provision and for increasing and servicing productive capacity
NCC, MOLG NCC, KLGRP
Low computerization Ministry takes unusually long to approve or decide otherwise on the councils proposals to revise its user charge rates Council levies the unimproved site value (USVR) rate based on land value only and whose yields are much lower than tax based on developed property values (land plus all developments) The councils property tax registers, valuation rolls and physical planning registers are neither linked nor simultaneously up-dated to assist it in assessments and invoicing of property taxes due Levels of fees and charges are too low compared to those charged by private providers and do not reflect the market cost of providing the services. Tariffs / rates for fees and taxes are often out of date
The council should levy a tax rate based on the developed (i.e. land plus developments) value of properties
Residents, NCC, MOLG, Dept. of Physical Planning NCC, Valuers, MOLG, Physical Planners
Spatial data on the cadastral base maps of the city area can be integrated with details in the valuation rolls and tax registers and stored in digitized Geographical Information System (GIS) to provide essential geo-data base for fixing tax rate, assessing tax due and generating tax invoices.
Provide mechanism for regular revision of tariffs to approach the level of private providers.
NCC, MOLG
NCC, MOLG
165
Observed problem Rates registers are based on property valuations in the valuation rolls which are not up to date, regarding changes affecting use, ownership, subdivision, and contact or physical address of owners of properties. The amount and timing of payment of CILR by government against known assessments at the end of each year are generally unpredictable Collection of outstanding rates revenue through civil debt collection procedures is cumbersome Multiple, uncoordinated and competing public funds for financing activities and projects at local level is wasteful ways.
Proposed roles Pass supplementary valuation rolls to charge rates on new or subdivided properties before valuation roll is revised
Actors
NCC, Valuers, Physical Planners
The Govt. to pay contribution in lieu of rates in full and regularly
MOLG/ Ministry of Finance NCC, MOLG, Stakeholders, Attorney Generals chambers NCC, Nairobi County Govt. Stakeholders, NCC, MOLG. NCC, Financial Institutions, Banks, Capital markets
Make default to pay rates a criminal offence
Multiple channels of central funds flowing to local areas, (LATF, Bursary Fund, RMLF and CDF) should be rationalized, transparently managed, targeted and better coordinated. Arrange Public Private Partnership financing for some public services and infrastructure
Council regarded as the only authority to finance public developments at the local level
Council to consider use of loan funds to finance income generating/self financing investments All projects funding should be aligned with local strategic planning and organized through the LASDAP consultative process with stakeholder forums contributions. Maintain up to date and computerized registers showing location and contact addresses of individuals and businesses. Relevant data can be derived from surveys or lists of users or properties
Inadequate residents input to local authority strategic planning, budget preparation and revenue enhancement planning The council relies on the list of permits issued in any year as a register of businesses operating in the city. This is unrealistic as there could be other businesses operating
MOLG, Stakeholders
NCC, Consul tats, KLGRP, MOLG
166
without seeking licenses. The council lacks capacity to deal with cases of delayed or evasion or even refusal to pay SBPs and User charges
maintained by the Planning Department. Law courts, MOLG
167
Proposed Revenue Mobilization & Investment Strategy Funding of recurrent and development operations
The continue relying on revenue derived from its traditional sources, the administrative component of LATF grant, the entire amount of RMLF grant, property rates, SBPs, market fees and user charges to finance its recurrent expenditure including staff costs, operating costs, maintenance costs and debt servicing. If the council adopts improvement rating, it is expected that the council will be able to raise enough revenue to pay for all its operating expenses and remain with a substantial surplus for capital investment. Computerization
The council is installing a computerized accounting and financial reporting programme through adoption of the Local Authority Integrated Financial Operational and Management System (LAIFOMS), accounting software being developed by the KLGRP to address the unique accounting and other information needs of local authorities in Kenya. The council should ensure implementation of all accounting modules of the programme. The council should also attend to the following issues in order to reduce the level of its operating expenses and increase its revenue generating capacity: Geographical Information System (GIS)
The council needs to implement a property taxation system, up-to-date land information database that records all the properties in a city, e.g. structures location, owner, size, usage and occupancy needs to be developed. Such a database can be integrated with data collected by classical surveys of the area into digitized geo-referenced a maps showing all the properties identified and their sizes, number and levels of buildings, number of occupants buildings and other features such as roads, rivers, schools, recreational grounds, etc. Details on the map can be stored in a Geographical Information System (GIS) for quick retrieval and provide essential geo-data base for fixing tax rate and generating tax invoices Public Private Partnerships (PPPs) & Investments in commercial undertakings
The law allows councils to engage in and promote trading activities like hotels, lodges, hostels, restaurants, public transport, etc. These are activities must be operated purely on commercial terms, individual or joint venture and with a view to generate profits to ensure and justify their sustainability. (ACTORS: NCC, Private Sector, Public Private Partnerships)
168
Cost Recovery arrangements
The council should ensure that revenue generated by user charge facilities such as markets, ambulance service, and public conveniences, fully cover related staff, operating, and maintenance expenses and realizes reasonable savings contribution towards a fund for expansion of the scale and coverage of the service as well as for eventual renewal or replacement of the capital assets used. The council is empowered by law to regulate and control the location and operation of certain persons, matters, premises, trades and occupations. The purpose of the SBP fees it collects for the permits it issues is to facilitate regulation and control regulation and control. For this reason it is desirable that nominal fees are charged to ensure recovery of the cost of regulating and controlling businesses. (ACTORS: NCC, Minister for Local Govt, residents, business community) Special development rates levy
Borrowed funds are best suited for financing the development of bankable projects e.g. markets, bus-parks, slaughter houses) whose expected returns are sufficient to service the loan. Where both the residents and the council do not have resources to immediately satisfy a genuine need for an access road or sewer connection, the council may negotiate and secure the loan, apply it on development of the required facility, apportion the total cost of the facility to properties served by it, and recover the cost in form of a special rate loaded onto rates normally charged). The council can the use the proceeds to service the loan and to manage the use and maintenance of the facility. (ACTORS: NCC, property owners/rate payers) Grants and donor funds
The purpose and use grant and donor funds may not change significantly in the future. The RMLF grant is given to the council for roads maintenance and nothing else. The Education Bursary grant finances the provision of education to bright children from poor backgrounds. The National Aids Control Council grants fund advocacy against spread of HIV-AIDS among the youth and support to HIV-AIDS patients. These are examples of grants and donations availed to the council to finance specific operations and maintenance programmes. The council may also receive grants and donations to finance the development or acquisition of long-tern investments. The Government, in FY 2010/11 and through the Economic Stimulus Fund provided a one off grant of about Kshs. 1million for development of a fresh produce market for the council in each of the eight constituencies of Nairobi. Development grants and donations may be given in cash with conditions requiring that they be used for development or acquisition of specific capital assets. 169
Alternatively the donor may develop or acquire the assets and pass them over to the council in kind. (ACTORS: NCC, NGOs GoK, Stakeholders, development partners) Privatization & services contacting arrangements
Where the city is not in a position to provide a service, it may contract it to private sector operators to provide the service with such conditions as will ensure sustained availability of the service at an affordable cost to all who need it. Services that can be privatized include water supply, solid waste management, slaughter houses, rental housing, nursery schools, markets, hotels, lodges and restaurants. (ACTORS: NCC, Residents, Stakeholders, Private sector)
170
4.5 Transportation Sector Expansion and integrating transport facilities Generally, given the current level of traffic in the study area (for all the six zones), there is need to expand the roads and integrate them with non-motorized and intermediate transport facilities such as pedestrian and bicycle paths. The population living in this area is now mixed in terms of socio-economic characteristics. The expansion must inevitably also consider the provision of facilities sufficient to sustainably support public transport system. This programme will require acquisition of land; this is only possible by making use of public-private partnerships (PPPs) as well as imposing conditional approval of development proposals in groups of plots to allow appreciable sizes of land that meet a threshold that can allow expansion and integration of transport facilities and infrastructure. Construction of missing links and by-passes The Nairobi Transport Study (NUTRANS) proposed construction of a number of missing links and the Nairobi by-passes. This process is on-going, being undertaken by Urban Roads Authority (KURA) in partnership with the City Council of Nairobi (CNN) and the Ministry of Nairobi Metropolitan Development. The programme should be given priority by CNN as it will improve both connectivity and accessibility with the city region and also open up channels for traffic flow to the peri-urban areas and to the other urban centres in the greater Nairobi Metropolitan Region. This will not only disperse the congestion in the area of study, but also help divert through traffic from the busy city CBD. Construction of some of the missing links and improvements connecting zones 3,4 and 5 to zones 6, 13 and 20B may be seen as long time due to the nature of terrain in the area and the existence of Karura forest in the area. This requires more planning, resources and consultations. However, this is a critical transport system improvement undertaking for the study area as it gives an efficient linkage to the northern and eastern by-passes. Expansion of the key arterial and primary roads neighbouring the study area zones such as Ngong road, Waiyaki way and Limuru road, and connecting them to the key roads serving the Nairobi Metropolitan Region should be given priority for efficient connections. Ngong road expansion should involve both dualling it as well increase the lanes for each carriage way. Limuru road should be expanded to 4 lanes. Redesigning the roads to reflect a new functional road hierarchy order and arrangement Considering the analysis in section 4.5 and in the light of proposals 5.1 and 5.2, there is need to integrate the expansion of the roads in the area with redesign of the roads to reflect new functional arrangement in a systematic urban road hierarchy. A report by the Ministry of Roads and Public Works (2008), Republic of Kenya, on Road Network Classification Study gives a summary of recommended classification of urban roads 171
as given in Appendix 3. Following this recommendation, the following roads linking the proposed secondary commercial centres (Dagoreti Corner, Westlands Centre, and Gigiri and Highridge) should be considered for hierarchical upgrading: James Gichuru road, Gitanga and Argwings Kodhek roads, Limuru road and Lower Kabete road. The hierarchical upgrading should aim at expanding public transport facilities. The missing links should all be fully integrated with public transport facilities and nonmotorized transport facilities, the roads being not less than four lanes. They will help improve traffic circulation, creating direct connection, for example from Kilimani to Kileleshwa, Riverside road to Westlands, Waiyaki way to Gigiri area, and the primary urban roads to the by-passes. Improvement of junctions Most of the junctions in the study area are at-grade intersections with high levels of inefficiency, causing bottlenecks. The junctions need improvement by introducing roundabouts with installation of current generation traffic lights of advanced technology. Other traffic management measures The other measures that could be considered, especially for Westlands centre, include premium pricing where roads entering such centres are tolled to discourage non-essential traffic from accessing the centres. Parking issues and traffic management in various proposed Secondary Commercial Centres in the study area Parking is already an issue in a number of neighbourhood commercial centres, and therefore requires proper planning, location and design. The worst cases are Westlands centre and Highridge commercial centre. There is need for participatory approach to handing the issue just as in the case of expansion of roads. Stakeholders should be engaged by CNN with a view to implementing conditional group approval of development proposals to allow surrender of sufficient land space for facilities. For effective implementation of this strategy, there is need to carry out detailed local traffic management study for actual location and design of facilities and key parking and bus park areas and traffic management system. This is particularly critical for the proposed Secondary Commercial Centres (Dagoreti Corner, Westlands, Haligham, Gigiri and Highridge), for detailed plans and design. Westlands Commercial Centre case This centre, especially its CBD, presents a very unique planning problem. The bus park for Westland should be relocated away from the key Waiyaki road. Moreover, there need to urgently improve the roundabouts by expanding them. The junction of Chiromo road-Ring road Westlands should be removed through grade separation. 172
Ring road Westlands as well the roads it is connecting, Ring road Kileleshwa (missing link 3) and Lower Kabete road should be expanded and fully integrated with NMT and public transport facilities. Parklands road also currently carries a lot of traffic including public transport service vehicles. Yet it is narrow with small roundabouts that present frequent bottlenecks. It requires urgent expansion and improvement of its junctions. Control of Development abutting Primary roads The proposals for development fronting the key primary roads such as Ngong road and Waiyaki way should only be approved with stringent conditions and utmost care. Sufficient space between the building line and the road reserves should be allowed. No direct access to these primary roads should be allowed at all; this does not seems to be the case now for both Ngong road and Waiyaki way. Violation of this requirement compromises the hierarchical class functions of these roads resulting in serious problems.
173
4.7 Water and Sanitation Strategy In general; Provision of water, sewerage, stormwater and solid waste services in the study areas cannot be done in isolation. The growth of the Nairobi City as a whole affects the areas of study and projections of service provision should be considered wholesomely. It is important to note that the proposed enhancement of density and vision of the study areas should be shared with the concerned authorities who are in charge of service provision. The economy of the study areas are relatively middle to high income and the level of service provision is relatively high. The strategies proposed takes cognizance of the economic status of the The institutions mandated to develop the requisite infrastructure should fast track the implementation of the programmed work or master plans. In addition, the institutions that regulate and enforce service provision should be passionate in their work to ensure compliances with relevant laws and regulations. The immediate institutions and associations that should work closely to in harmonizing proposed plans and ensure adequate service provision in the areas of study are: o Athi Water Services Board (AWSB) o City Council of Nairobi (CCN) o Nairobi City Water and Sewerage Company (NCWSC) o Runda Water Company o Water Resources Management Authority (WRMA) o National Environmental Management Authority (NEMA) o Roads Authorities particularly Kenya Urban Roads Authority (KURA) o Respective Residence Association o Ministry of Nairobi Metropolitan and o Ministry of Local Government
174
a) The City Council of Nairobi should implement the provisions of the Integrated Solid Waste Management Plan prepared by JICA in 2010. b) Nairobi City Water and Sewerage Company should take inventory of the aged water pipelines and sewerage network in the study area and prioritize rehabilitation by replacing or increasing the capacity of the pipelines and sewers. c) There should be a proper coordination between the City Council of Nairobi and Nairobi City Water and Sanitation Company on the provision of water and sewerage services. d) The City council of Nairobi should also coordinate with NEMA and WRMA on the protection of natural water courses. e) Nairobi City Water and Sewerage Company should closely liaise with the relevant roads authorities during road rehabilitations and expansions so that sufficient time is allowed for relocation of the services along the road reserves or those service lines that are close to the road. 4.7.1 Water Supply Strategy Water supply provision in the area of study is undertaken by Nairobi City Water and Sewerage Company (NCWSC) and Runda Water Company. About 98% of zone 3, 4 and 5 of the study area is covered by NCWSC while zone 6, 13 and 20B is covered by NCWSC and Runda Water Company at 66.5% and 33.5% respectively. In areas where is partially covered by NCWSC and Runda Water Company, borehole water and rainwater harvesting remains to be the main sources of water. This demonstrates that rainwater harvesting should be emphasized in the areas of study as one of the sources of water supply to supplement the surface and ground water quantities of water. Approximately 92% o f Nairobi Citys water supply is surface water while 8% is ground water. In the year 2010, the unaccounted for water was approximately 35% of the total water supply to Nairobi City making the total deficit of water to about 190,000m3/day. Implementation Programme for additional Water Sources for the study area Surface and Well Water Athi Water Services Board prepared a Nairobi Water Supply Masterplan in August 2011 and proposed various additional water sources to the City of Nairobi up to the year 2035 as shown on Table 3-1 below.
175
Table 0-1: Implementation Programme for Additional Water for Nairobi City
Nairobi City Water Supply Master Plan 2011 Projected Water Demand for Nairobi City and Proposed Additional Water Sources and Expected Supply. Year
2010 Project Water Demand for Nairobi City, m3/day Available Water Resources (Surface and Ground), m3/day Expected Deficit, m3/day Proposed Additional Water Resources and expected yield, m3/day Wellfield in Kiunyu (2014) Wellfield in Ruiru (2015) Northern Collector Phase I (2016) Maragua Dam (2018) South Mathioya Transfer to Maragua Dam (2018) Northern Collector Phase I (2021) Ndaragu Dam ( 2026) Ndaragu Dam + ChaniaKomu Transfer ( 2032) Surplus / Deficit , m3/day
-12,800 -60,700 32,300 6,700 -12,000 52,400 0 0 34,600 30,200 34,600 30,200 138,200 34,600 30,200 138,200 28,500 28,500 34,600 30,200 138,200 28,500 28,500 133,000 34,600 30,200 138,200 28,500 28,500 133,000 216,000 34,600 30,200 138,200 28,500 28,500 133,000 216,000 181,400 46,100 583,000
2015
695,700
2017
740,900
2020
823,500
2025
975,200
2030
1,126,800
2035
1,314,500
570,200
570,200
570,200
570,200
570,200
570,200
570,200
-12,800
-125,500
-170,700
-253,300
-405,000
-556,600
-744,300
Athi Water Service Board should fast track the development of the additional water sources so that by 2014 at least one of the planned projects will be operational. Also, Nairobi City Water and Sewerage Company need to put more effort and reduce the Unaccounted for Water to manageable levels. NCWSC should undertake validation of the inventory of existing water pipelines and undertake rehabilitations and extensions based on the density enhancement of the study area. Table 3-2 below shows the proposed implementation programme for scope of work required to increase the capacity of water supply pipelines in the area of study.
176
Table 0-2: Implementation Programme for Water Supply Pipeline Rehabilitation and Extension
Rehabilitation and Extension of Water Supply Network Item No.

1
Description
Year 2012 2013 2014 2015
Validation of the Network Inventory and Scoping the rehabilitation and extension work Proposals for financing and obtaining funds Rehabilitation and Extension to meet increased water demand
2 3
Borehole Water A report prepared by Rural Focus Ltd and submitted to Water Resources Management Authority (WARMA) in June 2011, records that above 2, 100 boreholes have been drilled in Nairobi. In the area of study approximately 562 boreholes have been drilled. The City Council of Nairobi should liaise with WRMA, NCWSC and residence association and come up with a programme of sharing borehole water within a given radius of neighborhood.
Table 0-3: Implementation Plan for Sharing Borehole Water
Activity No.
1
Implementation Plan for Sharing Borehole Water Item Description Year 2012 - 2013 2014- 2015
Validation of the Number of Boreholes in the study area by WRMA, NCWSC and CCN Strategy Meetings with Residence Association on the possibility of sharing borehole water. Neighborhood Water Pipeline construction and connection
2015 - 2020
Rainwater Harvesting The study area partly covered by NCWSC and Runda Water Company use rain water as an additional source of water. Approximately 48.5% and 33.3% of the residence of zone 3, 4, 5 and 6, 13 20B respectively indicated the use of rain water as alternative source of water. This demonstrates that rain water harvesting is an important source of augmenting water supply in the study area. 177
Existing buildings need to device methods of harvesting and storage of rain water while new buildings should package methods of rain water harvesting and submit during approval of building plans. Parking lots can be utilized by constructing underground rainwater storage tanks. Water Supply Policies Adequate wayleaves for the construction of water supply pipelines to be secured and protected by the relevant authorities. These include, City Council of Nairobi, Nairobi City Water and Sewerage Company, Residence Association and Kenya Urban Roads Authority. Any rehabilitation or expansion of roads in Nairobi interferes with water pipelines which were laid close to the road and across the road. Approval of building plans by the mandated authorities must be accompanied with the layout of water supply and communication from service supplying authority consenting to the layouts of the water supply. This layout will plan will give an indication of the population to be served in the proposed premise and the capacity of the water pipelines. Residence association to be familiarizing themselves with the water facilities improvements planned by the service provider in their respective areas. Athi Water Services Board through Nairobi City Water and Sewerage Company prepares water facilities improvement plans for their area of jurisdiction. The residence association should share their vision with the service provision and update themselves on the planned activities for their areas. This information can be obtained from the regional offices of Nairobi City Water and Sewerage Company. Routine inspection by the residence association and the service provider of the pipeline network to control illegal tapping and identify leakages at early stages. Sensitization of consumers on water saving tips. Nairobi City Water and Sewerage Company should invest on frequent interactions with the residence association to facilitate the sharing of information on water saving tips at the consumer level. Residence association to embrace water storage at consumer point. Strong regulation by Water Resources and Management Authority (WRMA) on the sinking of boreholes. The City Council of Nairobi, Residence Association, and WRMA should prepare a regulation on the sharing of borehole water at the neighbourhood level. The number of households to share one borehole will depend on the yield of the borehole. All the existing and new developments should harvest rain water. New developers should submit methods of rainwater harvesting to the approval committee of the City Council of Nairobi for approval. 178
4.7.2 Wastewater Strategy Implementation Plan for Wastewater Facilities

In the sanitation masterplan of 1973 by SWECO sewer networks and proposed wastewater treatment site was proposed. This Masterplan expired in 1998 when Nairobi Masterplan for sewer, sanitation, and drainage study, carried out under the Third Nairobi Water Supply Project, was undertaken to provide a complete record of the existing sewerage and drainage facilities and to identify and propose a phased development schedule for sewerage and drainage system up to the year 2020. Field study carried out indicated that Zone 3, 4 and 5 are substantially covered by municipal sewer network about 90% while the remaining is covered by on site sanitation. Zone 6, 13 and 20B is approximately 60% covered by municipal sewer system. Table 3-4 and 3-5 shows the percentage coverage of sewerage network in the areas of studies.
Table 0-4: Source of Sanitation for Zone 3, 4 and 5
Type of Sanitation CCN Mains Septic Tanks Conservancy Latrines Total
Percentage Coverage 89.9 10.1 0.0 0.0 100.0
In the zones covered by the municipal sewer, the capacity of the existing sewerage network is outstretched owing to high populations and requires urgent enhancement of capacity. Based on the population and the total water demand (excluding UFW), the sewerage generation (80% of the water demand) of the study area (Zone 3, 4,and 5) is as follows;
Table 0-5: Projected Sewerage Generation in the area of study
Year Population Growth Population Projection Water Demand, m /day Sewerage m3/day Generation,
3
2009 1.5%
2010
2015
2020
2025 1.2%
2030
2035
166,403 168,899 181,952 196,014 208,061 220,848 234,420 49,921 39,937 50,670 40,536 54,586 43,669 58,804 47,043 62,418 49,934 66,254 53,003 70,326 56,261
179
Municipal Sewer Implementation Plan Based on the 1998 masterplan, the validation report, Bhundia Associates recommended the following sewerage measures in the study area: Lot 1 Lot 3 Nairobi river trunk sewer duplication 4.3km, 750mm diameter Kirichwa Dogo Trunk Sewer 5.8km, 675mm diameter Getathuru river trunk sewer duplication 5.4km, 825mm diameter Getathuru river trunk sewer extension - 4km, 600mm diameter
These recommendations are under construction. Athi Water Services Board should continue planning for long term sewerage service provision in the study area. Immediate measures proposed for the area are shown on the table below.
Table 0-6: Proposed Implementation Plan for Off Site Sanitation Rehabilitation and Extension of Sewerage Network for the Study Area Item No. 1 Description 2012 Validation of the Network Inventory and Scoping the rehabilitation and extension work by NCWSC Proposals for financing the rehabilitation works Rehabilitations to meet increased sewerage generation Feasibility studies for Sewerage Extensions to Unserved areas Detailed studies for Sewerage Extension and Phased Implementation Plan 2013 - 2015 Year 2015 - 2020 2020 - 2030
2 3 4 5
Onsite Sanitation Measures The low areas and those that are not covered by the municipal sewer interventions will continue to use decentralised approaches for collection and treatment of wastewater. There are many on site wastewater treatment technologies that can be implemented in areas not covered by the Municipal sewer. Table 3-7 below gives the basic characteristics of the onsite treatment facilities. 180
Table 0-7: Proposed Measures for On-site sanitation in the study area
Type of Onsite WWT Rotating contactor
Area Served Population 2 coverage, m biological Minimum of Can be installed in housing complexes, hotels, institutions, and 35m2 commercial buildings. They are available in wide range of sizes to serve up to one (1) million people.
Frequency of Sample Picture Sludge Management Minimum months of six
BioBoxAquaSimplex Pioneer Model
15 40 m2
16 50 individuals
Every months
Six
(6)
Biobox AquaSimplex Model
Turbo
30 60 m2
75 200 individuals
Every months
Six
(6)
BioBox - ClearWater Model

Decentralized WWTP at Village Market
60 400 m2 < 100m2
300 3000 individuals commercial buildings
Every months Every months
two
(2)
Six
(6)
181
Other technologies employed in on site wastewater treatment plant includes but not limited to: Small waste stabilisation ponds Pit latrines Septic tanks Activated sludge system Trickling filters
It is important to note that during approval of building plans, a developer is required to submit wastewater treatment facility it intends to use for treating wastewater. Wastewater Management Policies Adequate wayleaves for the construction of sewer lines to be secured by the relevant authorities. These include, City Council of Nairobi, Nairobi City Water and Sewerage Company, Residence Association and Kenya Urban Roads Authority. Any rehabilitation or expansion of roads in Nairobi interferes with sewer lines which were laid close to the road and across the road. Improvement or extension of wastewater facilities to be implemented as per the developed masterplans. In the zones already covered by sewerage network, the capacity of the sewer lines should be improved by constructing parallel lines. In areas where it is not feasible to construct municipal sewers, the developers should embrace the new and available technologies in wastewater treatment. The developer should submit a proposal for handling wastewater and also arrange for visits to developed areas where similar technology has been used. The approval committee of building plans should ensure that the proposed onsite wastewater is environmentally sensitive and hygienically acceptable. Encourage reuse and recycling of wastewater. New and existing developments should be encouraged to practice sustainable development. On-site wastewater treatment systems should be used to ensure recycling of water. Separation of stormwater drainage and wastewater pipe networks.
4.7.3 Storm water Strategy Storm water Management Plan 182
Surface runoff in the entire City of Nairobi is a nightmare. The study area is not an exception even though the topography of Gigiri and Muthaiga North, Kilimani, Lavington, Westlands allows good natural drainage except small pockets of low points where inundation is experienced during heavy storms. One of the mandates of the City Council of Nairobi through the Local Government Act CAP 265 is to manage stormwater within its area of jurisdiction. To be able to deal with the challenges of stormwater drainage in the area of study, the City Council of Nairobi should validate the recommendations of the 1998 drainage masterplan, amend / modify and implement the proposals. The table below gives the proposals of undertaking the drainage measures in the study area.
Table 0-8: Proposals for Storm Drainage Measures Validation , Improvement and Extension of Stormwater Drainage in the Study areas Item No. 1 Description 2012 Validation of the 1998 Drainage Master plan and proposals for making improvements and extensions Feasibility studies for Drainage Extensions to Unserved areas Proposals for Financing of the Drainage Improvements and Extensions Demolition of structures constructed across and close to drainage way leaves and natural courses Implementation of Improvement and Extension Measures 2013 - 2015 Year 2015 - 2020 2020 - 2030
2 3 4
Kenya National Water Policy, 2009 requires harvesting of storm water at the sources. It states that every developer must put measures to harvest rain water to supplement the water requirement needs in a household, institution or a commercial premise. To table below gives proposals towards the implementation of the National Water Policy.
183
Table 0-9: Proposed Plan for Rain Water Harvesting Implementation Rain Water Harvesting in the Study Area Item No. 1 Public Notice to all developers on Rainwater Harvesting and the intention to undertake inventory of buildings with / without rainwater harvesting facilities 2 Inventory of Buildings with / without Rain Harvesting Facilities 3 Notice to all owners / developers of premises , institutions to undertake rainwater harvesting 4 Inventory of Buildings/ premises/institutions that have implemented rainwater harvesting 5 Imposing Penalties Non-compliant Property Owners Description 2012 2013 Year 2014 2015
Storm water Policies Adequate wayleaves for the construction of storm water drainage structures to be secured by the relevant authorities. The ministry of lands, the urban roads authority and the city council of Nairobi should work closely in ensuring that adequate way leaves for establishment of drainage structures are provided and gazetted. Design of stormwater drainage structures to embrace aesthetics. The City Council of Nairobi should ensure that designers engaged in the design and improvement of drainage infrastructure should give a lot of emphasize on the aesthetics of the proposed drainage systems. Clear regulation on the width of the natural water courses to be protected from unplanned settlement. Clear separation of stormwater and wastewater pipeline networks Huge penalties for those establishing structures on above stormwater drainage structures. Presentation of method of harnessing stormwater by any developer before approval of building plans. Adequate coordination between the Urban Roads Authority and the City Council of Nairobi during construction of road drainage structures.
184
4.7.4 Solid Waste Management Strategy Solid Waste Management Proposals in the Study Area From the records at the Westlands divisional headquarters of the City Council of Nairobi, approximately 40% of the study area is covered by the City Council and the remaining 60% is covered by both CBOs and private waste collectors. It is important to note that substantial percentage of the waste in the study areas are handled by the private waste collectors and strong regulation and enforcement is required to protect the interest of the residence. Due to weak regulation on the standard of operation of the private waste collectors in the area, there are high chances of mishandling the waste generators and also unregulated solid waste transportation and disposal. In addition, the City Council of Nairobi may not have adequate teeth to imposing penalties for solid waste mishandling by the private solid waste collectors. The table below gives proposals on measures to handling solid waste in the study areas.
Table 0-10: Implementation Plan for Solid Waste Management in the Study Area Proposed Measures to Handling Solid Waste in the Study Area Item No. 1 Description 2012 Preparation of Laws to Regulate Services provided by Private Waste Collectors and CBO's Registration and Gazettement of Private Solid Waste Collectors Increasing the Capacity of Westland Division - Staff and Equipments as proposed in the JICA Integrated Solid Waste Management Provision of land for establishing Solid Waste Mini transfer Stations for Zone 3, 4, 5,6,13 and 20B. Enforcement of Laws and Regulations on the operations of the Private Waste Collectors 2013 Year 2014 2015 - 2020
2 3
Solid Waste Management Policies Put in place a comprehensive waste collection and disposal system and manual Continuous improvement of the waste collection and disposal equipment Upgrade and increase waste disposal facilities continually in tandem with increase in waste generation and tighten pollution control requirement
185
In areas where normal transport is affected, waste transportation routes should be designed and time based dedicated for solid waste. Landfill management of solid waste to be implemented as per the integrated solid waste masterplan Implement a system to ensure that the design of buildings incorporates provisions to facilitate refuse collection and sorting. Enact and enforce legislation that prohibit illegal dumping and open burning. Conduct regular review of the legislation and tighten them where necessary
186
4.8 Growth Nodes Two major nodal developments proposed for relieving concentration of development in the CBD and associated traffic movement and service the population. Lower level scale of nodes, linkages of the nodes, enhancement of road network as well as the developments in the former coffee areas are proposed. Dagoretti Commercial Node developed to the level of westlands There is no secondary commercial node for the expansive zone 4 and lower zone 5 Re-direct the traffic from going to the City centre and westlands It was proposed in the 1973 as a major commercial centre with light industry (district commercial centre) In relation to the CBD it is a reasonable distance for important nodal development for decongestion, Hurlingham is too close to the CBD. It is surrounded by major government institutions providing the effective demand and nucleus around which commercial activities can be organized Accessible and can halt the movement from the Kikuyu area towards CBD
Westland Node Expansion in various direction noted earlier is not tenable or feasible It requires consolidation and containment Corridor growth along the highway to be restricted
Below the above 2 nodes Hurlingham Node Intermediate between the secondary nodes and the lower level of Lavington type Serves a rich institutional area which also limits its expansion It can only expand along Argwings Kodek towards Yaya forming a commercial corridor Yaya should be the limit of its expansion
Middle Zone five along the highway ABC node In an institutional area 187
Some expansion so that it can serve the intermediate areas around it (Slightly lower than Lavington)
Lavington shopping centre to serve the intervening areas Neighbourhood node
Kileleshwa shopping centre along the road from Kasuku Centre Neighbourhood node
Adams Arcade Neighbourhood node To consolidate commercial developments along Ngong road
Yaya Centre or node Neighbourhood node
Loresho Node at the police station Neighbourhood node Enhance connectivity across the ridges
Spring Valley Shopping Centre Neighbourhood node
Linkages The two nodes require to be linked to the CBD and also among themselves as well as to the population threshold areas serving them Dagoretti linked to the CBD via Ngong road and Westland via James Gichuru road and the Highway
188
4.9 Institutional Structures for the Implementation of the Proposed Physical Development Plan
4.9.1 Institutional Re-alignment During the stakeholders forum questions concerning decentralizing the provision of services to the Ward level and good governance were raised especially by the residents of the study area. It should be noted that these concerns are compatible with the spirit of the new constitution concerning devolved governance. Article 176 (2) of the new constitution says: Every county Government shall decentralize its functions and the provision of its services to the extent that is efficient to do so The Urban Areas Cities Bill 2011 that is being debated in parliament proposes that every electoral Ward be strengthened. Besides, the new constitution now gives more importance to participatory planning as a requirement to good governance. It states under article 184 (1b) that county government shall facilitate public participation and involvement in the legislative and other business of the assembly and its committees. Under article 184 (1, b, c) the constitution emphasizes that urban areas and cities be required to establish the principles of governance and management of urban areas and cities and provide for the participation of residents in the governance of urban areas and cities . In keeping with these legal requirements, and in order for the City Council to be able to implement the proposed physical plan, we recommend that:a) The City Council of Nairobi decentralizes its functions and responsibilities to the Ward level. The council started a decentralization programme in 2003 when skeleton staff were transferred to the Wards and basic offices constructed to house the Ward Manager and area councillor. What is needed now is to have officers from key departments deployed at the ward level to carry out more basic day to day responsibilities such as the enforcement of development codes at that level. This will also help to reduce the number of people going to city hall to have their problems solved and give senior of officers, at the city hall, time to concentrate on policy issues. b) Institute committees at the Ward level comprising of council officers, residents representatives and other stakeholders to handle local issues related to the development of their area. For example issues related to change of user should, initially, be discussed and approved by those committees before an application is sent to the City Council for approval; and c) Institutionalize the existence and participation of Residents Associations. This will ensure that residents are constructively involved in the planning and plan implementation of their areas. Enforcement of agreed regulations becomes a lot easier than regulations where interested parties did not have a majority decision.
189
During our discussion with stakeholders and study of relevant documents we have seen that there are a number of institutional problems at the level of City Hall. We saw that the councils leadership both at policy and technical levels, were weak. We also saw that key support systems, especially revenue management, financial management, human resource management, and procurement, had failed to function as expected of them. Thirdly, we saw that the council has a large and unproductive labour force. Fourthly, we saw that there was low capacity in terms of institutional structures and human resource capital. Finally, we saw that there was lack of coordination of the agencies involved in the provision of services to the residents. We, therefore, recommend as follows: a) That the council should computerize all its operations to rid itself of inefficiency and temptation to corruption. We were informed that the council is in the process of installing an information centre. This proposal should be implemented urgently. Connectivity both within the council and to the rest of the world will greatly enhance efficiency in service delivery. Besides, Nairobi being a capital city and seat of Government as well as one that is fast gaining importance as a hub of transportation, trade, and finance for the East African region, such connectivity is quite critical. b) The budget preparation process should be rationalized to reflect the needs of the residents. For example the councils 2011/2012 budget is about Kshs. 14 billion. Out of this only Kshs. 3 billion or 12% is allocated for capital development. This shows that almost the entire budget goes to Recurrent Expenditure. And what is worse is that, it goes to pay unskilled labour force. What is needed is a rationalized budgeting process whereby capital development is given a sizeable share, at least 40%, of the entire budget. One of the most critical findings of our study is that systems that are expected to provide critical support to the policy leaders and chief officers have failed to function. The council admits to this fact in their 2006 2012 Strategic Plan (P.24). These systems include the very critical systems such as:a) Revenue management; b) Financial management including planning and budgeting. c) Procurement and contract management; d) Human Resource Management; e) Assets management and maintenance; and f) Enforcement of by-laws. In our discussions with staff of the City Council as well as those of the Ministry of Local authorities we asked the question. Why do you think these vital systems have failed to function? A majority of them responded that it is due to a long period of neglect (on the part 190
of the council) leading to high turn-over of key staff in the relevant departments. They argue that staff in these departments have, for a long time, not been motivated adequately and so they go for greener pastures leaving the departments depleted and hence unable to function. Another group of staff, while agreeing with this view, go further to state that this neglect is done deliberately inorder to encourage corruption. The council itself agrees with this when in their 2006 2013 strategic plan they say that the malaise manifesting itself in the form of poor work ethic, rampant corruption and resistance to change are key issued that the council needs to address (p.25). Given the above observations we propose as follows:a) The City Council liaises with the Ministry of Local Authorities and Ministry of State for Public Service to: a. Review terms and conditions of service for all cadres of staff in the council with a view to improving them; and b. Increase the autonomy of the council in terms of management of its own staff, and c. Strengthen the Human Resource Department. b) The council should introduce new management system in order to instill a new sense of purpose guided by the mission, vision and core values of the council; 4.9.2 Human Resource Capacity Building We have already noted that the council has a very serious problem of inadequate and weak Human Resource Capital. This is found at all levels but mainly at the policy and technical levels. These problems apply to the professional and technical levels as well. Our proposal to address these problems is divided into two categories. First is at the policy level. We recommend that, as a long term strategy, the City Council should:a) Liaise with the Ministry of State for Public Service and carry out a comprehensive departmental and staff rationalization exercise. This exercise should address the question of creating departments that will deal with the coordination of socioeconomic development for residents of Nairobi including those of the study area. It should also address the question of having an optimal size of staff both at City Hall and at the Ward levels. b) Put in place a training policy both for staff and policy makers. In this policy for example, it must be made compulsory that:a. All new entrants to the council, including councillors, must undergo an induction training programme upon joining the council; 191
b. All professional and technical staff must undertake at least one in-service training programme after every three years of service; and c. That at least 2% of the money received from Local Authority Transfer Fund (LAFT) be committed to funding those training programmes. c) The Local Government Act (Chap. 265) should be amended inorder to raise the minimum qualifications for those intending to be councillors, especially for the City Council of Nairobi. Fortunately, the Urban Areas and Cities Bill addresses this concern. The second, level of our recommendations is the proposed training programmes for selected target groups. This is meant to provide short and mid-term solutions. Most of these training programmes should be held in-house causing minimum interruptions to the normal services. These proposed training programmes are based on the identified training needs. The training needs were identified after having discussed with key officers of the council and the Ministry of Local Authorities. The aim of these discussions was to verify information obtained from the study of the relevant documents. Training needs of the City Council can be divided into six (6) general clusters. These are:a. Institutional management and Governance related training needs; b. Resource mobilization and resource use related training needs; c. Financial management related training needs; d. Land use, Physical Planning and Environmental related training needs; e. Service Delivery related training needs; and f. Attitude related training needs. It is, therefore, recommended that the training programmes contained in the following tables be implemented as a short and mid-term measure. Finally, we recommend that the Council introduces an annual award to be given to the best worker as an incentive to the staff. This will boost morale and help to improve the overall performance of the council.
192
TABLE TWO PROPOSED TRAINING PROGRAMMES FOR THE CITY COUNCIL

No. 1 Type of Training Workshops Workshop on good Governance and management Target Group Councillors, Chief, Officers, Departmental Heads, stakeholder representatives and Ward Managers Duration Four Days Estimated Cost Kshs. 800,000.00 NB: On the basic of 40 participants residing in a hotel or public institution
Resource Mobilization and Service Delivery Workshop. Local Economic Development and Poverty alleviation Workshop. Workshop on Supervisory and Enforcement Approaches Workshop on Integrated Urban Investment, Planning and Development Workshop on project cycle and participatory planning Workshop on law of meetings Environment and Sustainable Development Workshop Workshop on Designing Urban Planning Policies Workshop on Budgeting and Budgetary Control Workshop on Tourism Promotion in the City Council Workshop on Branding Nairobi Workshop on Public Private Sector Partnership Workshop on Inter departmental relations Workshop on conflict and conflict resolution Workshop on communication skills
Enforcement officers, supervisors and neighbourhood representatives Chief officers, planners, stakeholders and members of the planning committee Councillors, Chief Officers, and Stakeholder representatives. Chief Officers, and Committee Staff Councillors, Chief Officers, Stakeholder representatives and Ward Managers. Councillors, chief, officers, and Stakeholder Representatives All Council of staff Councillors, Chief Officers, Stakeholder representative and Ward Managers. All Council Staff, Stakeholder Representatives and Ward Managers. Chief Officers, Committee Chairmen and Ward Managers Councillors, all council staff and Ward Managers.
7 8
10 11
12
13
14.
15. 16.
193
TABLE THREE SHORT COURSE

No. 1 Type of Training Short Courses (bold) Introductory course on Devolved Government Management Course on Project Development and Management Course on Revenue mobilization and revenue use Course on Economic and infrastructure investment Course on ways and means of promoting Housing Development Course on Promoting Social Services Course on Formalization of the information sector Leadership Skills Course Target Group Chief Officers and Ward Managers Duration One Week Estimated Cost NB: Depends on the institution offering the course.
Chief Officers, Councillors and Stakeholder representatives Revenue collectors, Auditors, Members of Finance Committee and Representative of Business Community Committee Chairmen, councillors, Chief Officers and Ward Managers. Councillors, Chief Officers, Committee, Chairmen and Ward Managers Councillors, Chief Officers, Ward Chairmen and Stakeholder Representatives Chief Officers and Chairmen of the Committees of the Council
Four Weeks
NB: Depends on the Institution offering the course.
6. 7
10 11 12
Resource mobilization, revenue generation and financial management course Valuation Technicians Course Course on rating and roll Course on Information Management System
Councillors, All Council Staff and Stakeholder Representatives
One Weeks
Valuation Technicians Chief Officers, Supervisory Staff and Ward Manager Chief Officers, Supervisors, Ward Managers and all Secretaries
Conclusion We are aware that the area under study does not cover the entire City Council of Nairobi. However, when it comes to Institutional and Capacity Building the focus is on the entire City Council and other stakeholders. The issue to address here is whether or not the council has the capacity in terms of institutional structures and human resource capital, to implement the proposed land use and policy plan. To underline this concern, the Terms of Reference included the fact that the study would: Examine the existing institutional set up for the 194
management of development in the proposed area, its strengths and weaknesses and opportunities in terms of institutional structures and human resources. In our study we have established that the City Council of Nairobi has a number of problems and constraints in terms of structural and human resource capacity. We have also established that there are a lot of potential opportunities that, if properly exploited, could enable the council to improve on its performance in terms of providing services to its residents and other visitors which include international organizations. We have also established that a lot of studies have been undertaken focusing on institutional structures and human resource capacity of the City Council of Nairobi. These studies recommended a number of measures to be taken if the council wanted to improve on its performance. The problem is that the council has not implemented these recommendations. The City Council was established to serve a relatively small population of people. Its structures and type of management style was geared to serve this small population of people. Our study indicates that these structures and style of management have not been restructured and expanded to respond to the large expansion of the city. Fortunately, the new constitutional dispensation, if implemented properly, will ensure that this situation is corrected as it lays emphasis on devolved and participatory governance. We have made several recommendations including the following three (3) fundamental proposals. The first is that the City Council should implement a devolved and participatory governance system. We recommend that the Ward be strengthened and empowered to provide services to the residents of Nairobi, including those living in the study area. Secondly, we propose that the council puts in place a clear policy regarding the development and utilization of its human resources. This should be accompanied by rationalization of its staff to ensure that all the systems of the council function to their optimum capacity. Lastly, as short-term measure, we recommend a number of workshop and short courses to be mounted in order to address the identified training needs.
195
4.9.3 Urban Management Strategy for Planning and Development Control Good Governance The question of good governance is usually severally raised concerning Nairobi City Council. The problem seems to stem from the institution set up. Critical matters such as local economic development for example are not dealt with. There tends to be more emphasis on enforcement of regulations than championing innovations and welfare of the residents. These shortcomings start from Ministry of Local Government that determines which departments and committees local authorities should form to local authorities themselves not placing welfare matters high in their governance agenda. A department for instance that would deal with management information system and ensure there is connectivity from the wards to City Hall and that all required information is timely and gotten with ease would definitely go a long way in managing City Hall. We were informed that the council is in the process of forming a Media Center where among other benefits, Kenyans could access relevant information about services the council is offering and even make payments online. The new Kenya constitution has greatly routed for devolved government for efficient and effective service delivery. Article 176(2) reads: Every County Government shall decentralize its functions and the provision of its services to the extent that is efficient to do so. The Urban Areas and Cities Bill 2011 that is currently under discussion is prop osing that every constituency shall become a Sub County with definite decentralized responsibilities under the County Government. Electoral wards shall be strengthened. The law emphasizes creation of Neighbourhood Committees which shall hold at least quarterly meetings in their neighbourhoods or villages and inform the council their about concerns. Furthermore, the constitution now gives great importance to participatory planning as a requirement to good governance. It states under article 196(1b) that county government shall facilitate public participation and involvement in the legislative and other business of the assembly and its committees. Under article 184(1, b, c) the constitution emphasizes that urban areas and cities are required to establish t he principles of governance and management of urban areas and cities and provide for participation by residents in the governance of urban areas and cities. The proposed Urban Areas and Cities Bill provides for mechanisms to address this among other provisions. For example, one way of implementing the spirit of above constitutional requirements means it would be necessary for the councils to establish a Working Committee- representing the stakeholders of the respective planning areas and be involved in the implementation of the spatial plans among other councils Action Plans. In order for City Hall to institute good governance and in readiness for County government, it needs to make more efforts in capacity building needs at the wards. This includes more staff and senior ones, working tools and equipments. More and more basic services should be provided cascading upwards from the wards, sub counties and city hall. 196
There are many benefits of assigning functions and fiscal responsibilities to the lower levels of governance. The public collective choice by a certain critical mass membership of residents to have a demanded service provided usually maximizes welfare benefits. This is because where the residents have similar wants, the expenditure shall be shared and the unit costs lowered but up to the point where individual wants are not diminished by overcrowding members. Any additional member beyond a certain size brings in congestion and overcrowding costs to rise. The individual level of influence at this point starts declining and so is the quality of enjoyment. This is very visible in neighbourhood associations where a certain size is manageable and may quickly agree on a lot of things since they have majority interests while a large population of neighbourhoods that are not homogenous may not be managed effectively. In most of the areas under this study, majority of neighbourhood communities with similar interests and abilities are almost clustered together. Self-governance is therefore easier. The notion of urban functional region may be applied with ease. That means areas with homogenous structure of economic activities can be zoned together. And even within this zone, different areas can be planned for different levels of income. This is however likely to be interrupted by migrations of the low income groups especially in the immediate neighbourhoods of Kibera, Kawangware, Kangemi, Gachie and Mathare bringing in externalities or additional costs. This then means that as the spatial development plan for this area is prepared, due regard for these immediate surrounding low income areas need be internalized in the plan especially for purposes of income generating activities and employment. After all, these low income areas provide most of the labour for the affluent in the area under this study. These fundamental issues have been brought out to demonstrate that the council would be managed better when the lowest possible unit of governance is assigned commensurate functional and fiscal responsibilities. The human resources department will have to evaluate exactly what needs to be done at the sub counties and wards and hence which cadre of staff shall be posted there. In addition, the council would be expected to structure the departments such that it efficiently and effectively manages the wards without compromising authority. Elaborate management information systems need be designed in the ongoing set up of Information Center so that there is one stop shop transactions connectivity between city hall and the wards as just as banks branches and head office are intra and inter connected and personal accounts held in city hall can be done at any council counter. Liberating financial transactions and adopting the fastest mode of receiving payment e.g. M-Pesa would greatly enhance timely cash flow and substantially reduce default rate as well as pilferage. 197
Managing Nairobi City Council is usually compounded by the fact that most of the operations are manual and senior officers spend a lot of their quality time doing non-managerial and routine duties. This leaves them with little time to deal with policy issues. Computerization and information technology has not taken major strides as would be expected and usually intra and inter communication among city hall fraternity on the one hand and city hall with the members of the public on the other is inefficient. In order to implement the proposed spatial development plan and other policies arising from this study, it is necessary to come up with best practice Urban Policies that would help the council to re organize how it manages its affairs. Some policies do currently exist and need emphasis while many others may not have been taken into perspective. Some of these insights of good urban policies may be gotten from the recent national Sessional Paper No. 3 of 2009 on National Land Policy that was compiled by the Ministry of Lands through exhaustive consultations with Kenyans and other interested stakeholders and those policies contributed heavily to Chapter 5 of the constitution that is deals with Land and Environment. Tools of Urban Policy 1. Proposed Spatial planning for this area or for any other area of Nairobi city should conform to national planning policies and attendant policies such as housing and land policies. It needs to be for the national good. The National Land Policy for example advocates that there should be equitable access to land for economic and various lands uses and in doing so strive to achieve a sustainable balance between these uses: a. Intra and inter generational equity b. Gender equity c. Secure land rights d. Effective regulation of land development e. Sustainable land use f. Access to land information g. Efficient land management h. Vibrant land markets i. Transparent and good democratic governance of land
198
2. The proposed spatial planning of this area needs to fit in the overall vision planning of Nairobi city. It does seem this area is the area zoned for high income communities, State House, United Nations offices and lately is becoming area for embassies and high end banks and offices. Any new forms of approved development should maintain this status. 3. The proposed spatial plan should fit in the councils Master Plan. The council master plan has however not been updated since 2002. It is critical therefore to view this spatial plan preparation as a process of updating the council Master Plan in piecemeal. In the proposed Urban Areas and Cities Bill 2011, it shall be mandatory for every urban authority to prepare an Integrated Urban Development Plans and Action Plans (sectoral plans, programmes and projects)that need be undertaken say annually, in three years, five to long term ones. There is need to emphasize that such Urban Plans need to include envisaged Investments so that budgetary allocations are made and availed. The council therefore needs implement the proposed Integrated Urban Investment Development Plan for this area which is one of the outputs of this study. This study can be used as a pilot and process rolled out to other segments of Nairobi City as the council progresses to update their respective spatial plans. 4. Ensure Sustainable land use, development and management. Land is a finite resource and major factor of economic production and should be utilized sustainably. The National Land Policy and the constitution has advocated for a National Land Commission that shall coordinate land use as a national resource whether privately, communally or public owned. Environmental conservation should be in built in national and counties development regulatory provisions so that even private land owners view their development activities as investments in protecting the environment. On the other hand, the constitution under article 68(1, c, ii) demands that parliament shall enact legislation on the most economical land sizes and minimum plots size for urban and agricultural uses and this proviso shall be considered when designing plot sizes in this area. The council needs to encourage development of underutilized land in this area. Next would be to project the likely population that this area can efficiently hold without compromising the existing life style quality by setting development standards and regulations to respect majority interests and investments. It cannot be lost that land in Kenya is also a cultural heritage and should be utilized for the common good whether privately owned. Punitive taxes need to be imposed where land owners hoard land for speculative purposes. This is because the council shall have spent public funds to construct social infrastructure, thus raising the value of land though not benefiting the wider public. To underscore the importance of this, the constitution in article 66(2) imposes parliament to enact a legislation to ensure that 199
investments in property benefit local communities and their economies. This is actually a hallmark in good urban planning and management. 5. Budgeting and budgetary control should be need based that has arisen from the majority collective choice of the communities and that the communities are involved in the budgeting process and its spending respectively. Nairobi city council could further improve on its revenue capacity by working closely with the other development agencies such as the central government ministries, Constituency Development Fund committees of the respective constituencies, Non Governmental Organizations, Community Based Organizations and Neighbourhood Associations, Private Developers and even Foreign Donor Agencies and Countries. It was evident that currently there is very little coordination between the annual council plans and actions and what the other development actors does within the city. Added together, huge financial capital is spent in Nairobi but this is not utilized efficiently. For example, we noted instances where in the same neighbourhood, there are duplication of similar Action Plans such as street lighting where the council has proposals to erect them while Ministry of Nairobi Metropolitan, Ministry of Roads, area Constituency Development Fund committee and private advertising agencies have similar proposals in the same area. A look at the 2008-2012 Development Plans for Nairobi districts can attest to this. An even worse example is where the council and Brand Kenya Authority spend money to plant trees and almost in the same year the Ministry of Roads uproot them to construct roads. If all the monies spent by the different financiers mentioned earlier was accounted for and a consultative and coordinated approach taken on what Action Plans that would be spent on, this is a very huge capital that would go a long way in supporting Nairobi City Councils perennial own revenue budgetary constraints. 6. Participatory planning so that the communities are constructively engaged in the entire management of the council. Enforcement of agreed regulations becomes a lot easier to implement than regulations where interested parties did not have majority decision in their making. Furthermore, institutionalization of working groups and neighbourhood associations in the council management would make a sustainable forum to achieve this. 7. Disciplining of land use, sub divisions and occupation. Areas need to be zoned and agreed that only certain purpose can be carried out in those zones on certain plot size and plot coverage. After construction, the council should issue Occupation Certificate which is more less an approval that the developer has conformed to the regulations and the building is habitable.
200
Land marking and numbering of every building to show physical address should be a requirement. There are lots of benefits for doing this such as utility providers locating property more easily, preparation of location maps for visitors and tourists, enhancing security concerns. 8. Environmental zoning so that the fragile areas are conserved and if it must be, they can only be developed for certain use e.g. Chalbi area, properties fronting the riparian lands such as rivers and streams and forests in the area. In order to confront traffic management, some locations such those with inadequate roads circulation and narrow roads should only be zoned for development that would minimize traffic congestion. 9. Economic and social development plans. The prime responsibility of government is to improve the welfare benefits of the communities. There is therefore need for deliberate planning to enhance local economic development. The current scenario where City Hall sticks more to enforcement and does minimal to create enabling environment for private capital undermines the very purpose for its creation. The informal sector needs to be formalized and more avenues created for them to thrive even more within planned areas. As the council contributes to the improved livelihoods of communities, this also positively contributes a lot to the national economic, political and social pillars. 10. Public private partnership incentives. The private sector has immensely contributed in housing and commercial development. The council could tap more of this private capital by luring stakeholders in public private partnerships especially in development of the inadequate social infrastructure such as retail markets, recreation facilities, water and sewerage reticulations, non-motorized transport. The private sector (including existing property owners in the area) is quite likely to avail funds once confidence is built that their financing will be paid back and they also stand to benefit. The council could as a way of further promoting this venture design tax incentives e.g. property owners once they contribute to capital development, they recoup their expenses from the property taxes they usually pay to the council or from user charges on a modality that shall be agreed upon. Other incentives could be constructing roads and street lights and agree on period the developers would recoup their expenses through advertisement fees. 11. Design equitable taxes on built property and urban land. Property taxation should be in accordance with property values and the benefits the property is likely to accrue. Existing valuation method is on unimproved site value, thus not taking valuable and massive development in Nairobi that usually demand public to finance such facilities as roads, enhanced water and sewerage reticulation, security. Furthermore, development creates nuisances such as traffic jams, air and noise pollution, insecurity, interfere with privacy, population increase and so on. 201
Valuation roll should be reviewed within reasonable time. The law as at now provides 10 years though this is many years in arrears since it was last reviewed. The current property and land prices in the areas under this study are many times more than what is in the valuation roll thus the council is losing on much needed revenue. Speculative and idle land should also attract a punitive tax so that the property owners should avoid hoarding land which is a finite resource. There have been back and forth discussions on installation of geographic information system in order to capture all the properties and also include them real time after development or subdivisions in the council records. This project however has not been fully implemented. The National Land Policy is advocating for every local authority to have land in its jurisdiction planned and captured in the geographic information system. 12. National interests and conformity to legal requirements. Constitutionally, land belongs to the people of Kenya collectively as a nation and property owner acquires secondary rights. Whereas property owners may have legal documents as conferred by land law and other legal rights, they are bound to use the property in the best interest of all stakeholders. Such issues as cultural, historical, monuments, intrinsic values to properties shall be considered so that some properties though privately owned create a lot of public interests and call for preservation. The council needs to strictly enforce this through the legal instruments such as zoning, development control, building plans approval, building code, occupation certificate and business regulations through issuance of licenses. On the other hand, there is need to have simplified and efficient council regulations that make property owner and council fulfill what is required of each without undue delay. For example development application approval, change of user, transfer of property from one owner to another, regularization of property ownership or development, production of site inspection reports from those officials required to inspect development, occupation certificate, issuance of license etc should be done within the stipulated timeline. All information concerning regulatory requirements need to be readily and regularly posted in the council website. Property owners should not encroach on public accesses. In addition, public agencies have right of access to private property. In the very extreme case, government has a right to make compulsory acquisition for the public good and upon making appropriate compensation. In any case, property owners only hold surface rights to land. Land below development belongs to Kenyans. 13. Preparations of Neighbourhood Impact Assessment and Environment Impact Assessment. Preparation of Neighbourhood Impact Assessment by the developer need be mandatory so that the neighbourhood committees as proposed in the new constitution can make their contributions informed on the land use plan of the area 202
and the likely effects of proposed development. They may recommend or disapprove the development but this has to be done freely and fairly before the council approves the development plans. Preparation of Environmental Impact Assessment as usually required by National Environment Management Authority in the Ministry of Environment only relates to development within a certain threshold and those developers who are not required to produce this report, many are claimed to put up development without council approval or against the neighbourhood wish who just find buildings come without their input. The current requirement where developers put notices in the local media of intention to change use of land or development proposals do not give neighbours and other interested stakeholders forums to interrogate this proposal. These discussions and approvals by all interested stakeholders, as said earlier, need to be done in the shortest reasonable time and within the set timeline so that developers get to know the decision in the earliest. 14. Plan for Urban Agriculture and Green Areas. In theory, sustainable development also advocates that urban areas need to produce food and be self sufficient among the other economic activities that are carried out in urban areas. Land that was reserved for agriculture and most of open spaces purposes in Nairobi has however changed considerably for buildings. In the area under this study, the agricultural land adjacent to Nyari estate that had coffee plantation is already giving way to housing. The council, together with the neighbourhood committees however needs to increase vegetation and promote green areas. Some of these may become classic recreation centers such as the existing city park and arboretum. Private sector need further take up the responsibility of planting trees within their property holdings and in the neighbourhood public places. This needs to be mandatory and enforced by the neighbourhood committees. Where possible, urban agriculture and kitchen gardening could be carried out but be regulated by the council such that only certain types of crops and fruit trees including domestic animals are allowed in the compound. The National Land Policy advocates for promotion of multi-functional urban land use but within an appropriate legal framework to facilitate and regulate urban agriculture and forestry. Proposals / Recommendations Nairobi City Council would be expected to use updating of urban plans for Western regions both as a tool and covenant for effective urban management of the livelihoods of the residents of those areas. As a tool, it shall guide the council and set standards and regulations that are agreeable to both the council and the residents. 203
Once the spatial physical plan is approved by the relevant authorities, it then binds all the interested stake holders, thus making it easier for the city council to manage the agreed regulations. Perhaps the second best solution for the proposed spatial plan would be where the existing land use sizes do not change fundamentally yet the area becomes an inclusive city, such that it allows more social amenities the communities living here deserve such as shopping centers, recreation areas, offices all within reach from the residential areas. The notable acceptance in terms of planning is that this area should allow co-existence between the rich and the low class, some of whom are employed in this area. It would be secure in many ways where exclusionary and predatory urban orders to lower members of the society are avoided. The proposed updated spatial plan for the areas under this study shall in the best interests of the majority be regularizing various already existing developments which have been done contrary to the existing zoning and development control regulations and allowing emerging needs whose development would not have been allowed in the past regulations. Kiosks, garages, and retail markets for example should be allowed in agreed locations by the neighborhood associations and should also be of certain quality and standards. At some pre determined areas, vertical development shall be agreed upon to allow development of shopping malls, offices, or high rise apartments. It seems that this is the trend in zone 3 which is part of the Old City /Western area that includes Parklands, Westlands, up to Museum Hill. Quite a number of old type Indian dwelling units have already changed to either commercial or residential storey buildings. The trend is the same in some areas of zone 4 which includes Lower Spring Valley, Riverside, Kileleshwa, Kilimani, Thomson, Woodley and Ngong Road neighbourhoods. Along Riverside Road, most of the residential plots fronting the road have been converted to high end offices, embassies and banks. Most of the inner Kileleshwa which in the early years was dominated by government houses have now been converted to high-rise residences. This trend is the same in Kilimani, Woodley and Ngong Road where vertical developments for commercial and residential buildings are a common feature. Once the physical plan and land use are agreed upon, the next phase will be for the city council to institutionalize this. Among the proposals to achieve this include the following. 1 Adopt the Tools of Urban Policy These have already been explained earlier. City Hall shall formulate how every case fits into the council management and how to implement them. It is useful wherever necessary, to work closely with the relevant stakeholders. 204
2 Re-organization of Departments Some of the community needs are not given due regard in the current structure of the departments. Cities are engines of economic development and their importance in improving citizens livelihoods and quality of life can only be emphasized. These intentions are usually carried through the departments. Some of the shortcomings from the existing departments set up include non promotion of local economic development and adequate social infrastructure. Any city need to be viewed as a basket full of business opportunities. The responsibility of the council is then to institute good governance practices so that the opportunities are maximized sustainably. Examples of new departments that would go a long way in focusing on peoples needs as well as improve financial capacities include Economic and Business Entrepreneurship department, Communication and Information Technology department, Infrastructure department (which will deal with all construction), Tourism and Cultural department, Strategic and Investment Planning department (city planning department currently concentrates in spatial planning and enforcement of planning regulations and does minimal in strategic and investment planning). Planning for small business enterprises such as hawking, jua kali artisans, kiosks at vantage points and other livelihood ventures such as sale of trees and flowers seedlings would go a long way in improving governance and economic empowerment of the low income group. Currently, the council views most of these small businesses when conducted in private or open public areas as a menace and is a source of constant confrontation between the council and the entrepreneurs. City planning department need to take up other critical planning responsibilities of planning and identifying areas that are fit for gentrification, urban renewal, historical and conservation buildings/sites and creating artifact sites. And more importantly, the department needs to make this area a living city and attractive to all including tourists. 3 Decentralize Urban Management to the Electoral Wards Every department in City Hall would require quality representation in the wards. This would include skilled and senior staff that can make decisions. An administrative mechanism is then put in place on how managers in City Hall shall relate with the field officers. Delayed approval of building plans for example has been a bottleneck to development and a disaster in waiting as many developers construct without approved building plans or councils supervision. We were informed of instances where construction was being done at night to evade the council. So illegal and disastrous construction is not limited to Eastlands where unauthorized high rise buildings have of late collapsed in succession. 205
Approval time lines and observance of regulations should be respected by all. The daily administrative activities should mostly be conducted at the wards, thus giving the City Hall managers latitude to deal with policy issues. 4 Institute Integrated Management Information System We were informed that the council is in the process of installing information technology center and that most of the current shortcomings would be resolved. This proposal to computerize and integrate information is long overdue project which has had internal challenges to implement. The council for now usually manages through meetings and manual verifications which are time consuming. Connectivity both within the council and to the rest of the world would greatly enhance efficiency in service delivery. Nairobi city which is also the capital and seat of Kenya government is fast gaining importance as hub of transportation, trade, finance, information and innovations especially in the east and central Africa and the council need to be play a bigger role as it continues to reap the benefits of private capital and more revenue from taxes. 5 Budget Rationalization Annual budget preparation should be a translation of needs and priorities of the communities. There is also need for a rationale and consistency in the process. The needs are then translated to Investment Action Plans. Most of these Action Plans needs to be carried out in the wards as this would be more efficient and effective. The councils 2011/2012 budget is about Kshs 14 billion. Only about Kshs 3 billion will be for capital expenditure and a similar amount for operations. The rest is on recurrent expenditure. A rationalized budgetary process would vote more for capital expenditure by cutting on noncore expenditure. Looked at again but from spatial planning perspective, and as a long term strategy, there is need to integrate fiscal policies, urban planning and city hall management in order to democratize local decision making process and relate land planning to budget preparation so as to legitimize a new socially oriented urban-legal order. 6 Institutionalize Stakeholders Participation Among the frequent public complaints is that City Hall rarely consorts them and whenever it happens, it is actually to inform them what they have to comply with though it was not a majority decision. The council can build the culture of participatory planning through regular consultations at the wards and upwards, these views get ratification by City Hall. Public will then support 206
regulations they have participated in their formulation. It also informs City Hall on the need for flexibility in planning as public desires and choices usually change with the times and needs. The proposed Working Group members to participate in investment action plans implementation should be voluntary members that are a representative of the residents and should come in to also synergize the councils capacity and never should the members be another challenge to the councils operations. The Working Group members who shall be elected from among the membership organizations in the area under this study such as neighbourhood associations, community based organizations, fellowship based organizations and other development agencies play an advisory role and in no way are they to engage in the day to day management of the council or local politics. Harness capital through public private partnership initiatives. The council budgetary investment plans requirements are way below the councils funding abilities. This backlog of investments of desired social infrastructure over the years is the inadequacies the stakeholders complained about during the stakeholders consultative meetings that were held in the process of preparing this report. Major developers that have a stake in benefiting from adequate social infrastructure in this area would be quite interested in partnering with the council to finance projects. Super markets putting up their shopping outlets in this area are already improving transport and street lighting infrastructure in the surrounding neighbourhood. Included in this list of possible private partners are voluntary organizations that have done credible charity work such as Lions Club, Round Table, Aga Khan Foundation, Amref and so on. The council needs to approach the likely partners or find a mechanism of dealing with these likely partners through a credible consultancy firm that shall enlist as many and different ways of partnering to ensure interested partners find their comfortable place. International agencies such as United Nations which has regional offices in Nairobi, Embassies and regional banks that have in the recent past opened branches in Nairobi would be very resourceful partners. Another way of engaging in partnership is by privatizing and commercializing many of the projects rather than the council doing it. This invites more capital and even capacity. The policy issues the council need to develop is how such private implementers would have their investments paid back.
207
7 Capacity Building The rule of subsidiarity would best describe how the council staff should be empowered and do the best at their most competent level. This brings the importance of building capacities all the way to the wards. Wards and neighbourhoods should be the focal points for good governance. The human resources department has a task of rationalizing staff not only to cater for implementation of this spatial plan but in readiness for the county government which shall be implemented by 2013. Taking stock of the current workforce and carrying out job placement would be a good start. There has been concern that though the council has a large work-force of over 13000 staff, most of them are in the lowest cadre of the job groups and can only do manual jobs. This notion however need be revisited. And the way to address this is combining what better use each staff can do and the basic training they would under-go to be effective in their duties and responsibilities. Some members of staff though qualified, have stagnated around job groups 10 to 15. The council can develop their careers so that they take up senior responsibilities in job groups 9 and above. Having designed training policy, the next step is to commit funding and decide on in house training and those that can be done with cooperation of government training institutes such as Kenya Institute of Administration, Government Training Institute, Mombasa among others. For some time now, the government put a stop to any new staff recruitment and those who leave through natural attrition are not replaced as a way of reducing the size of staff that was claimed to be unnecessarily high. In that case, the council has to design how the existing workforce can fit in the existing professional gaps by improving their career. As has been discussed in detail elsewhere in this report, the training policy that advocates tailor made courses among others would come in handy to include training councilors so that as the policy makers, they may steer the council to greater heights. Installation of information technology as observed earlier would go a long way in creating efficient systems which has been the councils biggest drawback. Tedious paperwork that is also prone to abuse has meant many members of staff being deployed to do work that can be carried out by few and with more transparency and accountability. The other area the council will address is increasing financial capital and the most efficient and effective manner to utilize it. Increasing the taxation base without necessarily increasing the current level would be a feasible start. The council loses revenue in various ways. There are quite sizeable number of property owners that are not in the valuation roll, high default rate, high pilferage through collusion with council staff and other fees and charges that a re just not collected. So far, the councils fiscal effort- level of how much at its disposal is collected, is low. About 40% of councils 208
own revenue is not collected or not accounted for. The council needs to regularly review the valuation after those 10 years and ensure through installation of geographic information system the properties are netted into council records instantly transactions occur for taxation purposes. The even bigger challenge is how that revenue is spent. It has severally been suggested that best practice accounting standards and systems that would ensure funds are spent in the most efficient and effective manner are installed. Credible accounting firms can now be hired to install systems and programmes in the proposed computerization project. Expansion of social infrastructures that can earn the council revenue such as retail markets has high potential in this area of study. Again, public private partnership initiatives would finance in the immediate possible time. Other ways of raising capital include construction of houses for resale. The council may enter into partnerships with now too willing developers and financiers to construct houses on council owned land for sale. The Ministry of Housing, National Housing Corporation and Housing Finance Corporation of Kenya which are government agencies are constructing houses in partnership with international and local development financiers and in the process raising more capital through construction then sale of the houses. Rental housing as a way of adding housing stock and raising capital has not been successful as the rent revenue is way below economic rent yet the council is met with political challenges whenever it wishes to increase the rents. This report advocates for a mixture of development where quality houses, commercial shops and offices and business enterprises for the low income are planned for. This has the added benefit of raising more taxes to the council. Formalization of the informal sector is a surer way of improving living environment and incomes both to the council and the small scale entrepreneurs. Planning is meant to answer to the interests of the majority. So for whom are we planning this area? According to the 2009 Kenya population census, out of the 3.3 million that is the population of Nairobi, 91.3% are between the ages of 0 to 44 years. Some of the implications of this are that there is need for more social amenities such as schools, play fields, hospitals and shopping centers and close by the residential areas. The other implication is that their preferred life style is living in smaller plot sizes, possibly high rise gated apartments rather than in unaffordable expensive single dwelling units. Apart from demand for high investments returns, this explains the upsurge for high rise buildings and shopping centers in this area under study. Most dwellers in these high rise apartments are the middle class and in the above age bracket.
209
The council would be advantaged in supporting the private sector and other development agencies that are building capacities to cater for the interests of the majority population since this would have been the councils responsibility to do so. Conclusion Good urban management is reflected in how best the interests of the majority of the communities are taken care of and that there is incremental value in their quality of life. In other words, once some wants are satisfied for now, there are always new wants and that is the way of confronting sustainable development in the wake to ever improve current generations wants without compromising the wants of future generations. City Hall will have to strive to implement the reviewed spatial plans for the Old City/Western areas of Nairobi because this is only a part of the many other problems in the entire city. While implementing this spatial plan however, flexibility and innovations would work better in the process.
210
PART FIVE: PROPOSED ZONAL SPATIAL POLICY FRAMEWORK
The existing zonal spatial policy framework provides us with zonal regulations and development ordinances since 2006. The need for rezoning the planning area was necessitated by a number of factors including: It was noted that there is pressure on the available land and hence there is need to use the land optimally. There is pressure to provide space for other land uses including, housing, commercial/office space The cost of the land per unit area justifies the need to densify for reasonable economic gain to be realized by the owners
The current proposals of these zones have given rise to subzones based on the trends that have been analyzed within the planning area. Therefore zones 3, 4 and 5 have further been sub-zoned to 5, 17 and 5 subzones respectively. Westlands CBD has now got a zonal status of its own due to its functional status rivaling the Nairobi CBD. In proposing these zones a number of factors were considered including infrastructural needs water, sewer, transport among others; and environment; they form a precursor to the implementation of these proposed ordinances. In addition, green design also forms a core requirement for all the buildings proposals to be erected in the planning area and for the zonal proposals to bring forth a functioning neighborhood, infrastructure must be improved by the CCN and therefore, an implementation framework on how this will be done must be in place. Finally in the implementation of these proposals participation of the Residential Neighborhoods Associations must be ensured to provide proper checks and balances in the spirit of stakeholder involvement.
211
ZONES 3, 4 & 5 SPATIAL POLICY FRAMEWORK

ZONE SUB ZONE AREA/DESCRIPTION Wayiaki way, Parklands road, Crossway road, Mpaka rd, General Mathenge rd, Peponi rd, Lower kabete rd, school lane, westlands health centre, Waiyaki way. WCBD CBD 35 High Ridge Centre: 3rd Parklands Avenue, Arya girls, 4th parklands ave. Kosla lane, 3rd parklands avenue. Parklands Road, Shivachi rd, 1st Parklands Avenue, Limuru Road Parklands road. 3B 3 Single Dwelling 50 2.5 0.1 Ha Residential Flats GR 80 PR 4.0 MIN AREA (HA) 0.1Ha TYPE OF DEVELOPMENT Commercial/Mixed Developments POLICY ISSUES/REQUIREMENTS Use of Solar Energy Water Recycling Rain water Harvesting Separation of Waste On-site Parking 40M2/Car Provision of a LIFT. (If conditions not met-ratios to be lowered) Above conditions apply.
2.5
0.1Ha
3A
Commercial/Mixed Developments Apartments
35
2.0
0.2Ha
35
1.0
0.05Ha
Use of Solar Energy Water Recycling Separation of waste Rainwater harvesting Provision of a lift 2 cars per apartment 20% Greenery. As above 2 No Car Parks per Flat 20% Greenery for residential Provision of a lift Recreation green area, public facilities- police station, school, etc. Use of Solar Energy Water Recycling Separation of waste Rainwater harvesting Provision of a lift 2 cars per apartment
3C
Limuru road, Public utility land, 6th parklands ave, Mpaka road, Mathare river, Ring road, General Mathenge rd, Mpaka rd, Parklands rd, Shivachi rd, 1st parklands av, Limuru road. Public utility land: 6th Parklands ave., Mpaka rd, Mathare river, North Highridge Primary school, Parklands road. City Park Estate
50
2.5
0.1 Ha
Commercial Mixed Developments
35
2.0
3D
35
1.5 0.1Ha
Public purpose Residential (Apartments/ Single Dwelling)
3E
212
20% Greenery. Peponi road, General mathenge rd, General mathenge lane, canalized stream, brookeside rd, lower kabete rd, peponi road. 35 1.5 0.2 Ha Apartments, Same conditions as above
4A1
35 General methenge drive, boundary zones 3 &4, mathare river, brookeside road, general mathenge drive. All first row plots fronting Waiyaki way on either side where there is a slip road to All Africa Confrence of Churches (AACC). 4B1
1.0
0.05 Ha
Single Dwelling
4A2
25
2.5
0.2 Ha
Single Dwelling
On site sanitation Discourage spread of commercial along Waiyaki way Same conditions of green building to apply Observe acceleration and deacceleration lanes Use of Solar Energy Water Recycling Separation of waste Rainwater harvesting Provision of a lift 2 cars per apartment 20% Greenery. No more Office Developments along River side drive Rehabilitation of the riparian. Green building conditions apply. Riparian regulation Above conditions of green building apply.
50
2.5
0.2 Ha
Offices
4 4B2
Lower Kabete Rd, Karuna Rd, school lane, boundary zone 4B1, Muguga green primary, muguga green rd, brookeside rd, boundary 4&5, canalized river, brookeside rd. Ring road, boundary 4B1, St. Micheal road, boundary 4&5, Nairobi river, ring road.
35
1.0
0.05 Ha
Single Dwelling
35
2.00
0.2 Ha
Apartments
Nairobi River, Ring rd, Kirichwa Ndogo, Boundary 4&5, Kirichwa ndogo, ring rd 4C
35 25 35
1.0 2.5 1.5 2.00 1.00 1.0 1.5 1.0 0.3 Ha 0.03 Ha 0.05 Ha 0.2 Ha 0.03 Ha
Town houses Single dwelling Apartments Apartments Town houses/ Single dwelling. Single Dwelling Apartments Residential
4D1
Kirichwa Ndogo, ring road, St. Georges P. School, Kirichwa Kubwa, Mazeras rd, migoiri rd, Nyeri rd, Gatundu rd, boundary 4&5, Kirichwa ndogo.
35 35
4D2 4D3
Kirichwa Ndogo, Gatundu Rd, Nyeri rd, Gitanga rd, Muthangari drive, Kirichwa ndogo Gitanga Rd, Boundary 4, , Methodist Guest House,
35 35 35
Above conditions of Green building Rehabilitation of riparian As above
213
Kirichwa Kubwa 4D4 Bernard Estate Galana Rd, Chania Rd, Chaka Rd, Lenana Rd, Agwings Kodhek rd, Menelik rd, Chania Ave., Chaka rd, Lennana rd. 4E From Chaka rd/argwings kodhek rd junction along argwings road to Hurlingham shopping centre: All plots fronting the road on both sides. Hurlingham shopping centre
35 35
0.2 0.75
0.2 Ha 0.3Ha
Single Dwelling Apartments Residential Single Dwelling Commercial
Rehabilitation of riparian No apartments
50
3.0
0.2 Ha
Above conditions for commercial areas apply
50
2.5
0.2 Ha Offices
50 Lenana Rd, Rose Avenue, St Georges schools, Woodland Ave., Dennis Pritt Road, Zone 4 boundary, State hse Ave., Ralph Bunch rd, Lenana rd. 35
2.5 1.0
0.2 Ha 0.2 Ha Commercial Single Dwelling Special planning area: maintain existing character
4F
50 Dennis Pritt Rd, St. Georges schools, Kirichwa Kubwa, Ole Odume Rd, Ngong Rd, city mortuary round about, valley road, Ralph Bunche rd, Denis Pritt rd. 35
0.75 1.5
0.03 Ha 0.2 Ha
Apartments:(2 Floor & an attic) Apartments Above Conditions of Green Building apply 20% Greenery Onsite parking Rehabilitation of riparian Above Conditions apply Maximum 6 levels Rehabilitation of riparian Need for Detailed Planning of the Dagoretti Commercial Node. Conditions of Commercial node similar to Westlands CBD apply. Maximum 4 levels Conditions of green buildings apply. Maximum 4 levels Maintain existing character
4G
35 Ole Odume Rd, Kirichwa Kubwa, Naivasha Rd, Riara Rd, Sweedish School, Naivasha rd, Ole odume rd Riara Rd, Naivasha Rd up to the Swedish school boundary, Riara rd. Includes Dagoretti commercial node. 35 35 4G2 50
1.0 2.0 1.0 2.5
0.03 Ha 0.2 Ha 0.05 Ha 0.2Ha
Single dwelling Apartments Single dwelling Commercial
4G1
4H1
4H2 4I
Ngong Rd, Joseph Kangethe, NPC Woodley, Police lines, Along NCC deport, Joseph Kangethe centre, Along boundary of Toi primary schl and Moi Girls, Kibera drive, kabarnet rd, Ngong rd. Jamhuri Phase II: Ngong rd, Joseph Kangetherd, Police line, railway line, boundary zone 4, Ngong road. Kibera drive, Kabarnet Rd, Boundary of zone 4, Kibera
35
1.5
0.2 Ha
Apartments
35 35 35
1.0 1.5 1.5
0.05 Ha Existing Plots 0.2 Ha
Single Dwelling Residential Apartments -4 levels
214
drive. 35 25 35 0.75 0.25 0.75 0.1Ha (With Sewer) 25 25 0.2 Ha (Un Sewered) 0.05 Ha 0.2 Ha (Non Sewer)
maxm. Single Dwelling Residential Single Dwelling
All other conditions apply
5A
Loresho Upper Spring Valley: Brookeside drive, mathare river, boundary of zone 5, waiyaki way, Aga khan school east boundary, Follow road to Dcs office up to boundary 5&4, brookside drive.
5B1
Wayiaki Way, James Gichuru Rd, msongari rd, muthangari drive, st Michael rd, boundary 4 &5, Kirichwa Ndogo, Olenguroini Ave., mugumo rd, ndoto rd, James gichuru Ave., Nairobi river, boundary zone 5, boundary to the triangle, musa gitau rd, Waiyaki way. Lavingtone Green Commercial Centre: Ndoto Rd, Mugumo Rd, Muthangari Drive James Gichuru Rd
Residential Single dwelling
No flats 20% greenery Recycling of water Waste separation Solar energy use Onsite parking 2No As above Rehabilitation of riparian All other conditions apply.
35 50
0.75 2.0
5 5B2
0.1 Ha(Sewered) 0.2 Ha
Commercial
5B3
Naiorbi River, James Gichuru Rd, kolo rd, Muthangari Rd, Mugumo Rd, Olenguruone Ave., kirichwa ndogo, James gichuru rd, Gitanga rd, boundary 4& 5, Nairobi river.
25
25
0.2 Ha (Unsewered) 0.1 Ha(sewered) 0.2 Ha 0.05 Ha
Residential Single Dwelling
Solar energy use Recycling of water Separating of waste Onsite parking 1No/ 40m2 Lower ratios for those not meeting the requirements As above Rehabilitation of riparian No flats
35 Kianda Traingle- Manyani Rd, Wayiaki Way, Hinga Rd 5C 35 35
1.0 1.0 1.0
Apartments Single dwelling
4 Levels Maintain existing character . All other conditions apply
215
REFERENCES 1) Aligula, E., Abiero-Gariy, Z., Mutua, J., Owegi, F., Osengo, C., Olela, R., (2005) Urban Public Transport Patterns in Kenya: A Case Study of Nairobi City, Survey Report, Special Report no 5., Kenya Institute for Public Policy Research and Analysis, Nairobi 2) Analysis of Local Government Finances in Kenya with Proposals for Reform - IMF, 1976 3) Athi Water Services Board, 2009 2010. Sewerage Masterplan Validation Report for Nairobi City. 4) Bates, J. (2000). History of demand modelling, in Handbook of transport modelling, eds. Hensher, D.A. and Button, K.J., Elsevier Ltd, Oxford, pp.11-33. 5) Bates, J. (2000). History of demand modelling, in Handbook of transport modelling, eds. Hensher, D.A. and Button, K.J., Elsevier Ltd, Oxford, pp.11-33. 6) Bhundia Associates, 2010. Feasibility Study Report of the Nairobi Rivers Basin Sewerage Improvement Project 7) Consulting Engineering Services (CES) India, Pvt. Ltd, New Delhi, and APEC Consultants of Nairobi. (2010) Feasibility Study for Mass Rapid Transit Systems (MRTS) in Nairobi Metropolitan Region. Draft report, Ministry of Transport, Government of Kenya. 8) Egis bceom international, August 2011. Feasibility Study and Masterplan for Developing new water sources for Nairobi and Satellite Towns; Water sources Options Review Report 9) Financial Management for Local Government: Managing Performance, UNHABITAT, 2007 10) Financial Management for Local Government: Managing the Operating Budget, UNHABITAT, 2007 11) Gachanja J.N. (2011): Evaluating the impact of road traffic congestion mitigation measures in Nairobi Metropolitan Region, KIPPRA, Nairobi 12) Global Environment Outlook (GEO 4) Environment for development by United Nations Environment Programme, 2007 13) GoK (2007): Kenya Vision 2030, Government of the Republic of Kenya 14) Government of Kenya (1994), The National Environment Action Plan, Government printer, Nairobi 216
15) Government of Kenya, 1999. Kenya Population and Housing Census Volume I 16) Government of Kenya, 2009. Kenya Population and Housing Census Volume IA 17) Government of Kenya, 2009. Kenya Population and Housing Census Volume II 18) Government of the Republic of Kenya (2008). Nairobi Metro 2030: A world class African metropolis, Nairobi. 19) Integrating Population, Health and Environment in Kenya (2007) 20) JICA, 2010. Integrated Solid Waste Management in Nairobi City 21) Katahira and Engineers International (2006). The study on master plan for urban transport in the Nairobi Metropolitan Area in the Republic of Kenya. Technical report, Japan International Cooperation Agency (JICA). 22) Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act Number 8 of 1999. Government printer, Nairobi 23) Kenya gazette supplement Acts, Local Authority Act (Cap.265) Government printer 24) Kenya Local Government Finance Study, World Bank, 1992 25) Kenya National Bureau of Statistics (1980): 1979 Kenya Population and Housing Census. Nairobi: Government Printers 26) Kenya National Bureau of Statistics (1990): 1989 Kenya Population and Housing Census. Nairobi: Government Printers 27) Kenya National Bureau of Statistics (2000): 1999 Kenya Population and Housing Census. Nairobi: Government Printers 28) Kenya National Bureau of Statistics (2010a): 2009 Kenya Population and Housing Census, Volume I A. Nairobi: Government Printers 29) Kenya National Bureau of Statistics (KNBS)(2008), Statistical Abstract 2008, Government of Kenya (GoK), Nairobi 30) Kenya National Bureau of Statistics (KNBS)(2009), Kenya National Census 2009, Government of Kenya (GoK), Nairobi 31) Kenya National Bureau of Statistics. 2010b. 2009 Kenya Population and Housing Census, Volume I B. Nairobi: Government Printers 32) Kenya National Bureau of Statistics. 2010c. 2009 Kenya Population and Housing Census, Volume II. Nairobi: Government Printers 217
33) Kenya National Bureau of Statistics. 2010d. 2009 Kenya Population and Housing Census, Volume I C. Nairobi: Government Printers 34) Kenya National Bureau of Statistics. 2010e. Statistical Abstract 2010. Nairobi: Government Printers 35) Kenya Policy Paper on Local Government Reform Programme (KLGRP) 36) Kingori, Z.I. (2007) Nairobi Urban Transportation Challenges-Learning from Japan. JICA Training Course, Comprehensive Urban Transportation Planning and Project, (JFY2007). Available from< http://www.scribd.com/doc/2369220/Final-ReportNairobi37) Local Authority Budget Guidelines, Ministry of Local Government, 1995 38) Local Government Act Cap 295 of the Laws of Kenya 39) Management of Resources by Local Authorities: The case of Local Authority Transfer Fund in Kenya, M. Odhiambo, W.V. Mitullah & K.S. Akivaga, Claripress, Nairobi, 2005 40) Ministry of Roads and Public Works(2008): Road Network Classification Study and RICS Pilot Project - Final Classification Guidelines Report, GoK, Nairobi 41) Ministry of Transport (2009). National integrated transport policy: Moving a working nation, Government of the Republic of Kenya, Nairobi 42) Ministry of Transport (2009). National integrated transport policy: Moving a working nation, Government of the Republic of Kenya, Nairobi 43) Najma Dharani (2002), Field guide to common trees and shrubs of East Africa. Struik Publishers, Cape Town, South Africa 44) Otieno Odongo& Partners, Wanjohi and Gath Consultants, 1998. Third Nairobi Water Supply Project; Nairobi Masterplan for Sewer, Sanitation and Drainage. 45) Participatory Planning in Kenyas Local Authorities: A Study of the Budget Day, J. Mbeya, R Opiyo and M. Odhiambo, CLARION, 2011. 46) Population Reference Bureau: Integrating Population, Health and Environment in Kenya: Melissa Thaxton. www.prh.org 47) Republic of Kenya (2010): The constitution of Kenya 2010 48) Republic of Kenya (2010): The constitution of Kenya 2010 49) The LATF Act No 8 of 1998 and LATF regulations 218
50) The Local Authority Financial Management Regulations 2007 51) The Local Government Act (Cap 265) 52) The Rating Act (Cap 267) 53) The Valuation for Rating Act (Cap 266) 54) United Nations (1987), The Rio Declaration on Environment and Development 55) United Nations (2000), World Commission on Environment and Development 56) United Nations Environment Programme, Poverty and Environment Initiative, 2007: Kenya Profile. www.unep.org.
Websites www.narobicity.org/departments/default2.asp?search=education. Accessed June 21, 2011
219

Urban Planning Nairobi Zones 3,4,5

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Urban Planning Nairobi Zones 3,4,5

Uploaded by

Copyright:

Available Formats

Land Use Study and Policy Plan for the Old City/Western Areas of Nairobi

PART ONE: BACKGROUND TO THE STUDY

PART TWO: THE HISTORY OF SPATIAL GROWTH AND DEVELOPMENT OF NAIROBI

k) The Public Roads and Roads Access Act Cap 399

Development Control Benchmarks Development Plans Building Code

Physical Planning Act Cap 286

Environmental Management & Coordination Act

Local Govt. Act Cap 265

Local Authorities & govt. policies and regulations

Public Health Act Cap 242

Other Related Statutes

PART THREE: THE PLANNING AREA & SECTORAL ANALYSIS

Zone Zone 3 Zone 4 Zone 5

City Park Estate/ Upper Parklands

Percentage 21.8 36.5 33.9 7.8 100.00

Density 2 616 5 048 9 721 2 538 4 515

May 13 Jun Jul 12 11

Aug 11 Sep Oct 11 13

Source: www.nairobicity.go.ke and www.worldtravels.com

1.5.2.1 Problems observed a) Encroachment

Figure 1 An encroached wetland in Spring Valley

Figure 2 A by-pass ( Northern By-pass) going over a wetland in Spring Valley

Figure 3 Construction off Chalbi Drive, encroaching on a wetland, in Lavington

Figure 4 Nairobi River polluted with solid waste

Figure 6 Construction of residential houses on river riparian at Kilimani

Figure 7 Residential houses built without observing the riparian reserve

Figure 8 Boundary wall built inside the river

Figure 9 Boundary walls built without observing riparian reserve

Table....... 2 Characteristic and biodiversity of key protected areas in Nairobi

Name Nairobi National Park; Established 1946

Managing Authority Kenya Wildlife Service (KWS)

Area (ha) 11.0 640

Karura forest; (Gazettes 1932)

Forest Department and KWS

Eucalyptus, Pine, Cyprus, Croton and Cordia species 42

Over 120 species of birds, over 35 mammals, such as leopards,

monkeys, reptiles, insects and amphibians

Nairobi City Council and The National Museums of Kenya

The Nairobi Arboretum

Forest Department; Established 1907

Several collections of plant species

Nairobi City Park

Nairobi City Council

Olea europeae var.africana, Croton megalocarpus, and Warburgia ugandansis

Hundreds of bird species, butterflies and baboons.

Valid Percent 98.1 1.9 .0 .0 100.0

Table 4 Other sources of water in zones 3, 4 and 5

Valid Percent 1.8 31.9 1.1 8.8

Rain Water Water Vendors Total

48.5 7.9 100.0

Main source of electricity (zones 3, 4 and 5) Valid Kenya Power

Valid Percent 100.0

Valid Percent 89.9 10.1 .0 .0 100.0

Table 7 Blocked sewer in zones 3, 4 and 5

Blocked sewers in (zones 3, 4 & 5) Valid Yes No Some times Total

Valid Percent .8 99.1 .1 100.0

Table 8 Solid waste management in zones 3, 4 and 5

Valid Percent 5.6 94.4 .0 100.0

Sources: GoK, Statistical Abstracts & Economic Surveys

Table 1: Outline of Sources of development revenue for the City Council

Surplus revenue/renewals reserves -

National HIV AIDS Control (Global) Fund School Bursaries Fund

4. Single business licenses / permits