GAZETTE NOTICE NO. 2915

IN EXERCISE of the powers conferred by section 107 (2) of the Water Act, 2002, the Chief Executive Officer of Water Resources Management Authority (herein after referred to as the Authority) notifies for the information of the general public, and in particular the residents of the Lake Victoria North and Tana Catchment Areas, that the Authority intends to publish the Catchment Management Strategies (CMS) for these two catchment areas in Kenya. In fulfillment of the provisions on public consultation in section 15 of the Act, the Authority wishes to consult with the public and in particular those in Lake Victoria North and Tana on the contents of the two Strategies. A summary of the proposed strategies is set out in the schedule hereto: The full texts of the draft strategies for the respective catchment areas may be obtained as follows: I. The Tana Catchment Area: (a)Water Resources Management Authority Headquarters, N.H.I.F. House Nairobi; (b)Tana Catchment Area Regional office, Embu; (c)Tana Catchment Area Sub-Regional Offices in Meru, Garissa, Kitui, Kerugoya and Murang'a. Members of the public, and in particular from Tana Catchment Area are invited to inspect the Catchment Management Strategy for the Tana Catchment Area and forward their views and comments thereon to— (a)The CEO Water Resources Management Authority N.H.I.F. Bdilding 9th Floor, P.O. Box 45250, Nairobi, or (b)The Regional Manager, Water Resources Management Authority P.O. Box 1930, Embu or (c)The Sub-Regional Manager, Water Resources Management Authority, P.O. Box 3256, Meru, or (d)The Sub-Regional Manager, Water Resources Management Authority, P.O. Box 426, Garissa, or (e)The Sub-Regional Manager, Water Resources Management Authority, P.O. Box 1291, Kerugoya or (j) The Sub-Regional Manager, Water Resources Management Authority,,P.O. Box 781, Kitui or (g) The Sub-Regional Manager, Water Resources Management Authority, P.O. Box 304, Murang'a Section number Title of specification or code of practice EAS 473-1: 2008 Motorcycle tyres and rims (metric series) — Part 1: Design guides. EAS 473-2: 2008 Motorcycle tyres and rims (metric series) — Part 2: Tyre dimensions and load-carrying capacities. EAS 473-3: 2008 Motorcycle tyres and rims (metric series) — Part 3: Range of approved rim contours. EAS 474-1: 2008 Bicycle tyres and rims — Part 1: Tyre designations and dimensions. EAS 474-2: 2008 Bicycle tyres and rims — Part 2: Rims. EAS 475-1: 2008 Motorcycle tyres and rims (code-designated series) — Diameter Codes 4 to 12 — Part 1: Tyres. EAS 475-2:2008 Motorcycle tyres and rims (code-designated series) — Diameter Codes 4 to 12 — Part 2: Rims. EAS 476: 2008 Motorcycle tyres — Test methods verifying tyre capabilities. EAS 477: 2008 Motorcycle tyres — Measurement of tyre rolling circumference — Loaded new tyres. EAS 478-1: 2008 Microbiology of food and animal feeding stuffs — Horizontal method for the enumeration of coagulase-positive staphylococci (Staphylococcus Aureus and other species) — Part 1: Technique using Baird-Parker agar medium. EAS 478-2: 2008 Microbiology of food and animal feeding stuffs — Horizontal method for the enumeration of coagulase-positive staphylococci (Staphylococcus Aureus and other species) — Part 2: Technique using rabbit plasma fibrinogen agar medium. EAS 478-3:2008, Microbiology of food and animal feeding stuffs — Horizontal method for the enumeration of coagulase-positive staphylococci (Staphylococcus Aureus and other species) — Part 3: Detection and MPN technique for low numbers. EAS 479: 2008 Manual toothbrush—Specification. EAS 480: 2008 Plastics — Film and sheeting — Determination of thickness by mechanical scanning. EAS 481: 2008 Plastic carrier bags — Specification EAS 482: 2008 Analysis of soaps — Determination of total free alkali. EAS 483:2008 Analysis of soaps — Determination of total alkali content and total fatty matter content. EAS 484: 2008 Analysis of soaps — Determination of unsaponifiable, unsaponified and unsaponified saponifiable matter. EAS 485: 2008 Soaps — Determination of chloride content — Titrimetric method. EAS 486: 2008 Soaps — Determination of content of ethanol-insoluble matter. 11th April, 2008 THE KENYA GAZETTE 153 not later than (30) days from the date of this notice. 2. The Lake Victoria North Catchment Area (a) Water Resources management Authority Headquarters, N.H.I.F. House Nairobi; (h) Lake Victoria North Catchment Area Regional office in Kakamega; (c) Lake Victoria North Catchment Area Sub-Regional Offices in Siaya, Eldoret and Kitale. Members of the public and in particular from Lake Victoria North Catchment area are invited to inspect the Catchment Management Strategy for Lake Victoria North and forward their views •and comments thereon to: (a) The CEO, Water Resources Management Authority, N.H.I.F. Building, 9th Floor, P.O. Box 45250-00100, Nairobi, or (h) The Regional Manager, Water Resources Management Authority, P.O. Box 774-50100, Kakamega or (c)The Sub-Regional Manager, Water Resources Management Authority, P.O. Box 374-40600, Siaya, or (d)The Sub-Regional Manager, Water Resources Management Authority, P.O. Box 2764-30200, Kitale or (e)The Sub-Regional Manager, Water Resources Management Authority, P.O. Box 3040-30100, Eldoret. not later than (30) days from the date of this notice. SCHEDULE I- INTRODUCTION Water is a basic commodity for all forms of lift as well as the environment. As such everyone should have a -right to access it and should also be obliged to protect it to ensure its availability for posterity. The increasing concern over the deteriorating status of water resources has resulted in the reforms in the water sector which has given rise to a paradigm shift in the management of water resources. The figure of 647 ral per capita freshwater availability and the downward trend it is showing is a reality and remedial measures are inevitable to circumvent an impending crisis in the near future. It is anticipated that under the new paradigm which adopts the principles of integrated water resources management, the downward trend will to show a reverse trend. A number of issues and challenges are associated with water resources dynamics with regard to, both scarcity and excess. In water scarce areas conflicts often arise as water users scramble for the resource to meet their individual water use needs. Such conflicts are common amongst commercial water users and pastoralists. It is worth noting that the semi-arid areas which are often water scarce most of the year do also sometimes experience flooding. These extreme hydrologic conditions have partly to do with human activities, climate change impacts and also erratic tropical rainfall. Although human activities are intended to meet livelihood needs, some of them have far reaching effects and contribute immensely to degradation of water resources. One such activity is the indiscriminate harvesting of forest products which has reached an alarming rate with Kenya's current forest cover being only 2% against Africa's 9% and the world's 20%. To curb the impacts of degradation, a country needs 10% cover. Such degradation has resulted in high sediment loads in rivers and lakes. A typical example is the reduced depth of Lake Etaringo from 15 m in 1921 to 1.8 m currently. Pollution from both point and non-point sources has been on the increase and it is common to encounter cases of discharge of raw sewage or`partially treated waste in water bodies. The situation is worsened 'by haphazard disposal of waste water especially in urban centers which has resulted in contamination of rivers flowing through such areas. The issues surrounding water are often aggravated by increased and diversified water use, which according to the trend of demand, is expected to increase to 5800 million cubic meters by the year 2010. Some of the uses include domestic and agriculture. In 1990, domestic water use was estimated at 1.1 million cubic meters. This figure is expected To increase as population increases to about 2.8 million cubic meters by the year 2010. The management of water resources will therefore need to be improved to ensure adequate access of the commodity commensurate with the demand. Currently overall access to safe drinking water stands at about 60% in- urban-areas. The situation is worse in rural areas most of which are not connected to treated piped water, hence need for more investment to offset the shortfall. Agriculture is a major water user and the mainstay of Kenya's economy. It earns about 60% of foreign exchange and generates almost 70% of employment opportunities. Given that rain-fed agriculture cannot guarantee national food security, irrigated agriculture has been emphasized and underscored by the Strategy to Revitalise Agriculture (SRA). This implies that more water will be required in the agricultural sector to sustain irrigation water demands. Pastoralism is another area which is severely affected by water scarcity.'During the 1999-2000 drought year for example, the country lost about 26% of total livestock valued at KShs 5.8 billion. Due to demand for livestock products, livestock population is expected to increase and with it an increase in demand for water to an estimated value of 170 million cubic meters by the year 2010. Other water uses on the increase are in fisheries, industry, wildlife and energy. All will require effective water resources management in addition to enhancement of storage to meet the increasing demand. II -WATER SECTOR REFORMS Against the background of the problems in the water sector and the need to explore benefits from water and diversify water use to improve livelihoods, the Government of Kenya initiated the reform process which gave rise to the National Water Policy. of 1999 and the Water Act 2002. Through the reforms, roles were separated and new institutions created with responsibilities for different roles, including the management of water resources by the Water Resources Management Authority (WRMA). The management of water resources has since been reorganized and demarcated based on the river basin boundary system giving rise to six catchment areas. The recently launched National Water Resources Management Strategy (NWRMS) proffers from a national perspective how water resources should be managed, protected, used, developed, conserved and controlled. Based on the national strategy, WRMA formulates a Catchment Management Strategy (CMS) in each of the six catchment areas. The CMS provides for the management, use, development, conservation, protection and control of water resources within each catchment area. It encourages water use to improve livelihoods whilst protecting the resource against destruction. The CMS recognizes the Dublin principles of water management which note that water is a finite and vulnerable resource and therefore requires a participatory approach for effective manageinent. Furthermore the role of women and gender parity are significant in management of water resources. Lastly water is not only a social good but also an economic good. Access to water to meet basic human needs should be a right but there should also be need to recognize the economic use of water which has been exploited in the past by commercial water uses to generate income. To ensure sustainability the CMS emphasizes the need to re-invest the income accruing, from the economic value of water in the protection of water resources to ensure adequate availability of good quality water for posterity. It also encourages diverse use of water to improve livelihoods and recognizes environment as a .water user and sets a reserve to meet environmental water demands. The various components of the CMS formulated to ensure sustainable management of water resources are summarized in the subsequent section. III-STRATEGIES AND STRATEGIC ACTIONS The Catchment Management Strategies have identified strategic actions in line with NWRMS for effective and sustainable management of water resources at catchment level. These are as follows: 1. Classification and Management approach This section provides details on the, management approaches that are considered appropriate for the progressive improvement of water resource management in the catchment area. Details of the basis for determining management units to guide the implementation of the CMS are also spelt out. The management will adopt an approach where appropriate technologies and participatory processes are the main focus in the implementation of CMS to ensure sustainability. Strategic. Actions: (i) Classify surface water and groundwater resources and springs spatially (ii)Set resource quality objectives (RQOs) (iii)Classify the catchment areas into management units based on dominant activity in the unit. The activities are considered into three categories namely ecological, commercial and livelihood. 2. Water Balance and Water Demand Management A description of the water balance status within the catchment is provided with respect to availability of the resources and -demand. It shows that the water balance has to consider the Reserve as well as the future water demands and needs for storage and transfers. The information will be used to develop water allocation plans to mitigate the resource deficits, to identify deficit and surplus areas for infrastructure development, transfers and serve as a basis for transboundary water negotiations. Strategic Actions: (i)Assess the availability of natural water resources, use and demand. (ii)Develop future baseline scenarios including reconciling water requirements with available resources to address deficits including transfer options. (iii)Review and update the methodology for better water balancing. 3. Water Allocation and Water Use Management Resulting from the past inadequate water resources management in the country, where enforcement of the rules and regulations and compliance was weak, many illegal abstractions were identified. Other short comings include a scenario whereby over 90% of all boreholes do not have permits and over 50% of the surface water abstractions were not complying with the existing permit requirements. Improved water usage metering and comprehensive water accounting is the cornerstones to-achieve water use efficiency. Strategic Actions: (I) Identification of major water uses and users. (ii)Develop allocation plan together with thresholds for sub- catchments and categorize abstractors. (iii)Operationalise water abstraction permit system. (iv)Develop enforcement plan and roll out plan for water use charges. (vi) Promote water conservation measures through awareness campaigns. (viii)Capacity building of staff on permitting processes, enforcement and implementation. (ix)develop water allocation plan. 4. Water Resource Protection This setijon describes the approach and options adopted in order to protect the water resources and the water bodies with respect to the holistic characteristics of the water resources. WRMA is keen to ensure that the sources are retained in their natural state as much as possible. In about a decade, it is expected that there will be no more discharge of raw sewage into the rivers. The focus of WRMA in this chapter is therefore to control the use of water resources in the catchment with respect to quantity and quality. This relates closely to the determination of the Reserve water. The Reserve determines the minimum quantity and quality of the water resource that is set aside for basic environmental and human uses. Strategic Actions: (i) Define and interpret classification qstem and RQOs. (ii) Analysis of hydrological records (both surface and ground water) & aquifer characteristics. (iii) Develop collaborative arrangements to ensure water polluters comply with regulations. (iv) Raising awareness on pollution of water resources both in the formal and informal sector (v) Application of Reserve quality system in pilot areas. (vi) Facilitate formulation of codes of practice for effluent discharge in harmony with related institutions. (vii) Provide regional contributions to system of water use charges for effluent load and dissemination of codes of practice for effluent discharge while advocating for Pollution prevention. (vii)Identify and prioritise stressed water resources for protection. (xiii) Incorporating Environmental Impact Assessment (EIA) in all development projects/programmes with significant impacts on water resources. ( (ix) Strengthening inspection, monitoring and data gathering on ' municipal wastewater and solid waste disposal. (x) Carrying out public awareness campaigns on water, sanitation and hygiene. (xi) Formulating water quality standards for different classes of water resource. (xii) Controlling nutrient, sediments and pollutants discharge into water bodies. 5. Catchment Protection and Conservation This chapter provides details regarding the strategy for catchment protection and conservation. It looks at the different types of land use and addresses each separately. The strategy is based on the zoning of the catchment area. Close cooperation and harmonization with the Forest Service, Agriculture Departments and Kenyan Wildlife Service is anticipated. The risk based approaches in balancing catchment management actions against vulnerability of the catchment area arc emphasized. Strategic Actions: (i)Complete inventory, surveys, maps etc for all protection and conservation areas. (ii)Prioritization and delineation of the strategic and major areas for conservation and protection. (iii)' Agreed zoning of the catchment areas for integrated protection and conservation management. (iv) Rehabilitation of groundwater conservation areas and protection of riparian zones. (vii) Initiate and support the rehabilitation and protection of pilot water catchment areas. (viii) Harmonise programmes in rehabilitation of land use, agriculture, forests, wildlife and settlement. (ix) Protection of gazzetted water catchment areas. 6. Institutional Development and Collaboration Institutional development and collaboration are considered key for effective and sustainable management of water resources. Mechanisms for coordination and measures required to enhance the capacity of different institutions to -perform their roles for improved integrated water resources and catchment management are outlined. At catchment level, WRMA has established the Catchment Area Advisory Committees (CAACs) which comprise representatives of different water users while at sub-catchment level, Water Resources Users Associations (WRUAs) are being formed for co-operative management of water resources- and resolution of water related conflicts. Mechanisms for WRMA institutions to coordinate with other water sector institutions are key in this section. Strategic Actions: (i)Operate WRMA offices in the catchment effectively. (ii)Carry out training needs assessment for next five years and conduct training. (iii)Timely and participator) intervention in hot; spots and facilitate formation of WRUAs. (iv)Capacity build WRUAs and develop Sub Catchment Management Plans (SCMPs) for effective waicr resource management. (v)Participatory implementation of SCMPs by 'WRIJAs with technical support from WRMA. (vi)Develop regional mechanisms for stakeholder participation (communication strategies ). 1 I th April, 2008 (vii)Implementation of communication mechanisms between stakeholders. (viii)Develop and manage effective internal and external communication. (ix)Active participation and sectors! cooperation for effective water resource management. (x)Initiate and enhance stakeholder participation as well as building synergies in management of water resource& 7. Water Infrastructure Development This section provides details on the strategy for infrastructure development in order to improve storage. Uneven distribution of water together with rainfall both spatially and temporally, has resulted into cyclic disasters associated with droughts and floods. The need to harvest flood waters for flood control and improvement of storage has been underscored in this chapter. Strategic Actions: (i)Identification of priority areas for storage developtnent/transfers. (ii)Development and marketing of feasibility/business plans to meet key storage needs. (iii)Institution capacity developed to initiate storage infrastructure development. (iv)Capacity enhancement on regulatory and water resource infrastructure development. (vi) Support planning, design and implementation of disaster control measures . (xii) Establish effective mechanism for safety, operation and functioning of storage structures. 8. Strategy for Right based- appratit'll mitt poverty rOthictian This chapter identifies specific aspects within rights based approach and addresses how the rights based issues can be addressed *mask thaprocetts of developing the CMS and In the implementation of the 'same. Varipus crass cutting Issues are considered for incorporation in water resource 'Management strategies. These include— •Human Rights •Conflict management. •Poverty., •Gender and }HY/A IDS Strategic Actions: (i)Give priority to basic human needs in water allocation: (ii)Capacity building for WRUA and gender balance in CAAC/WRUA; (iii)Implement work place HIV/AIDS policy. (iv)Establish complaint mechanism and capacity building of vulnerable groups in accessing water. 9. Strategy for water resources monitoring and information management This chapter presents the strategy for ensuring that the water resources and the catchment monitoring systems provide accurate data. Further, it is necessary-that the data is assessed and analyzed in a way that the information needed for catchment and water resource management is available, accurate and timely. During the past decades, the monitoring and information system deteriorated and almost collapsed completely. As monitoring of water resources is a key element in the effective management of the resource, the need for immediate action through assessment of the monitoring stations and commencement of the rehabilitation works is emphasized in this section. - Strategic Actions: (i)Develop an agreed framework for integrated catchment monitoring iacluding abstraction surveys (ii)Implement key water resources and catchment monitoring (iii)Develop a programme for comprehensive water resources monitoring and information management (iv)Ensure an effective monitoring network, comprehensive acquisition and application of water resources data (v)Develop and implement laboratory facilities for water quality monitoring including salt water intrusion (vii)Identify and agree on information needs, dissemination and exchange (viii)Training of staff & capacity building on monitoring and information' management 10. Financing and Implementation This section presents details regarding the WRMA approach to financing water resource management activities. It looks at both the financial needs of WRMA to implement its activities and the entire investment needs to ensure effective and sustainable water resources management and development. Strategic actions: (i)Develop a financial sustainability plan consistent with the water sector investment plan. (ii)Develop a roll-outplan for water use charges. (iii)Resources mobilization to support the implementation of the CMS at grassroots level. Dated the 9th March, 2008. P. O. OPONC9, Chief Executive Officer, Water Resources Management. OAZErrt NoTicE No, 2916 THE CIVIL AVIATION ACT (Cap. 394) THE KENYA CIVIL AVIATION AUTHORITY APPLICAtION FOlt VARIATIONIORINCE-M AIR SERVItis LlalitEs Cott-tenth IN