GAZETTE NOTICE NO. 133

the following four (4) candidates were inadvertently left out and the results are as indicated below: PASSES Index No. Name P/No. Option PR/00006664 Musaani Phoebe Mwikati 2010114916 Records Management PR/00007536 Miriti Judy Kanario 2012012202 Records Management PR/00008128 Kusienya Edwin karanja- 2012034610 Supply Services REFERRALS PR/00004347 Raymond Abaghanda 1997020821 R2, R 7C OPTION The following candidate's option was wrongly indicated as Accounts instead of Records management; PR/00000294 Mwaura Teresia Wanjira 2010007355 Records Management LEAH M. MUNYAO, MR/8448968 for Director-General GAZEl I h NOTICE No. 142 THE NATIONAL LAND COMMISSION ACT (No. 5 of 2012) COUNTY SPATIAL PLANS FOREWORD The Commission takes note of the fundamental role of County Spatial Plans as premier plans that will set the development agenda for the Counties. The County Spatial Plans will be implemented through lower level plans which include; Sectoral Plans, County Integrated Development Plans and Integrated Urban Development Plans. The County Governments Act, 2012 at section 110 (1) (a) stipulates that the County Spatial Plans shall give effect to the principles and objects of county planning and development contained in section 102 and 103 of the same Act. Further, section 110 (2) (c) (iv) of the Act requires that the County Spatial Plans should set out basic guidelines for a land use management system in the County taking into account any guidelines, regulations or laws as provided for under Article 67(2) (h) of the Constitution. These guidelines have been prepared pursuant to the constitutional role of the Commission to monitor and oversee land use planning throughout the country and in response to section 110(2) (c) (iv) of the County Governments Act, 2012. The process of preparing the guidelines was participatory involving the County Governments, the Planning Schools, Professional Associations, Sectoral Agencies and Non-State Actors. This provided a rich mix of expertise and experiences resulting in a well-balanced, researched and sound output. The Commission therefore recommends the guidelines as a basis for monitoring and overseeing preparation, approval, and implementation of County Spatial Plans in the country. PROF. MUHAMMAD SWAZURI, O.G.W. Chairman National Land Commission, ACKNOWLEDGEMENT These guidelines serve as a tool for the engagement between the County Governments and the National Land Commission with regard to monitoring and overseeing Land Use Planning and specifically provide direction on: •The process of preparing, approving and implementing County Spatial Plans (CSP); •The expected outputs of the CSP planning process; •How effective public participation in the planning process can be achieved; •The process of procuring planning services for preparing County Spatial Plans; •The required institutional framework for preparing and implementing County Spatial Plans; •The indicative resources required for preparing the CSP; and •The possible sources of funding to prepare a County Spatial Plan. The Commission wishes to commend the efforts by the Land Use Planning Directorate in initiating and successfully completing preparation of the guidelines. Special appreciation goes to: Dr. Herbert Musoga, PhD (Urban and Regional Planning, UoN), MA (Planning), BA (Economics and Sociology), MAAK (TP), MKIP —Director Land Use Planning Directorate (Team Leader) Mrs. Rose Kitur, MA(Planning), BA(Geography and Sociology), MKIP — Deputy Director Land Use Planning; Mr. Charles Konyango, MA(Planning), MKIP —Deputy Director Land Use Planning; Mr. Charles Kagema, MA (Planning), BA (Geography), MKIP — Secretary County Land Management Board, Nairobi County; Mr. Stephen Ngari, MA (Planning), MKIP - Secretary County Land Management Board, Meru County; Mr. Patrick Waweru, MA (Planning), BSc Engineering (Surveying and Photogrammetry), MKIP - Secretary County Land Management Board, Taita Taveta County; Mr. Josephat Wasua MA (Planning), BA (Sociology), MKIP, - Secretary County Land Management Board, Laikipia County; Ms. Domitila Gati, MA (Project Planning), BA (Urban and Regional Planning, MKIP - Secretary County Land Management Board, Kisumu County; Mr. Nalyanya Wasike, MA (Planning), BA (Geography) MKIP — Lecturer, Masinde Muliro University of Science and Technology; Ms. Ebby Busaka, MA(Housing Devt), BA(Land Economics) — Land Economist and Housing Expert; Mr. Stephen Chune, MA (Planning), BA (Sociology and Geography, MKIP — Urban and Regional Planner, Ministry of Land, Housing and Urban Development; Mr. Daniel Mmbai, MA (Planning), MA (Geography), BA(Geography and Sociology), MKIP — County Director of Planning, Embu County; Ms. Naomi Kamau, MA (Urban and Regional Planning), BED; Mr. Adelbert Muriango — Land Use Planning Assistant and GIS Expert; NLC; Mr. Joseph Malonza — Land Use Planning Assistant and Cartographer, NLC; Mrs. Caroline Otieno —Secretary, NLC. I also acknowledge with appreciation the support provided by ACT! and RECONCILE to enable the Commission to successfully complete the process of preparing these manuals and the participation of Ms Linda Etale of ACT! And Ken Otieno and Irene Mukalo of Reconcile. The Council of Governors played a central role in mobilizing the County Governments to participate and add value to the draft guidelines. Dr. Samuel Obiero, (University of Nairobi, Department of Urban and Regional Planning), Planner Isaac Nyamweno (Jaramogi Oginga Odinga University), Prof. Aggrey Thuo (Maasai Mara University), Dr. Benjamin Mwasi (University of Eldoret), the Kenya Institute of Planners (Planner Charles Osengo and Planner Joakim Nyarangi) and the Town and County Planners Association of Kenya (Eng. Planner Omwenga Mairura) provided invaluable professional and academic contribution; NEMA (Dr. Kennedy Ondimu); Kenya Maritime Authority; State Departments of Agriculture, Devolution and Planning. The guidelines on County Spatial Planning are a first step in a series of guidelines to be rolled out by the Commission on County Planning. The Commission is committed to ensure that land use planning is given priority to provide the desired framework for land management and national development. The guidelines offer a platform for subsequent collaboration between the County Governments and the National Land Commission with respect to land use planning and land management. AZIZ TOM CHAVANGI, Secretary/CEO, National Land Commission. PART I—INTRODUCTION •Background •Reference Frame BACKGROUND 1.1 Purpose of the Guidelines These guidelines provide a basis for engagement between the County Governments as planning authorities responsible for preparing, approving and implementing County Spatial Plans and the National Land Commission as a monitoring and oversight agency over land use planning. 15th January, 2016 THE KENYA GAZETTE i3 The County Government Act, 2012 at section 110(1)(a) stipulates that the County Spatial Plans shall give effect to the principles and objects of county planning and development contained in section 102 and 103 of the same Act. Further, section 110 (2)(c)(iv) of the Act requires that the County Spatial Plans should set out basic guidelines for a land use management system in the County taking into account any guidelines, regulations or laws as provided for under Article 67(2) (h) of the Constitution. The guidelines seek to guide and standardize the practice of preparing, and implementing County Spatial Plans in the country. 1.2 Specific Objectives of the Guidelines The guidelines aim at achieving the following objectives: •To provide a basis for monitoring and oversight of County Spatial Planning; •To give direction on the process of preparing, approving, and implementing County Spatial Plans; To clarify on how effective public participation in the planning process can be achieved; To provide guidance on the process of procuring planning services for preparing County Spatial Plans; To Provide guidance on costing County Spatial Planning; To expound on the required institutional framework for preparing and implementing County Spatial Plans. 1.3 Process of Preparing the Guidelines The following steps were followed in developing these guidelines: •Review of literature: the Kenya Constitution 2010, Kenya Vision 2030, relevant legislation, policies and desk review of best practices; brainstorming sessions to interrogate current and past planning experiences and practices; •Formulation of drafts and circulation for comments and value addition; •Focused expert engagement; •Stakeholder consultative forums with Counties, strategic partners and National Government agencies; •Incorporation of stakeholder comments and development of final guidelines; •Gazattement and publication. 1.4 Target Users These guidelines target the following users: County Governments, National State Departments, National Land Commission, Development Partners, Planning Schools, Planning Institutions, Practicing Planners, investors, regulatory and arbitration agencies. 1.5 Outline of the Guidelines This document is divided into six parts: Part 1 - the background that states the purpose, objectives, method of preparing the guidelines and the targeted users as well as the reference frame; Part 2 — explains the process of preparing the CSP and stipulates the expected deliverables and the format of presenting the CSP; Part 3 — provides guidance on public participation and enlightens on the appropriate institutional framework for preparing and implementing the CSP; Part 4 —gives direction on funding and procuring planning services; Part 5 — contains the appendices of detailed aspects of the guidelines. 2.0 REFERENCE FRAME County Spatial Plans should be prepared taking cognizance of the : the Kenya Constitution 2010, Policy and legal contexts as well as county planning principles and contemporary best planning practices and concepts. Figure 2. 1- Reference Frame 2.1 Constitutional Context The county spatial plan is an instrument for realizing constitutional promises and expectations. These include: •Environment, economic and social rights envisaged under Article 42 and 43 of the Constitution. •Article 60 (1) stating that land in Kenya shall be held, used and managed in manner that is equitable, efficient, productive and sustainable. •Article 66 (1) on regulation of land use and property in the interest of defense, public safety, order, morality, public health or land use planning. •Article 67 (2) (h) which provides for monitoring and oversight over land use planning throughout the country. 2.2 Policy Context The Sessional Paper Number 3 of 2009 on the National Land Policy provides direction on management and use of land and land based resources in the country. The policy identifies salient issues that should be addressed in land use planning including: •Preparation of land use plans at national, regional and local levels on the basis of predetermined goals and integrating rural and urban development; •Actualization of spatial frameworks for orderly management of human activities to ensure that such activities are carried out taking into account considerations such as the economy, safety, aesthetics, harmony in land use and environmental sustainability; Review of strategies for human settlement in relation to service centers, growth centers, transport and communication network, environmental conservation and rural development; •Efficient and sustainable utilization and management of land and land based resources; •Establishment of an appropriate framework for public participation in the development of land use and spatial plans; and •Establishment of an effective framework for co-ordination of land use plans to ensure implementation of the planning proposals and regulations. County Spatial Planning will also be informed by several other sectoral policies including; Kenya Vision 2030, Water Policy, Agriculture Policy, Multilateral Environmental Agreements. In addition International Treaties and Conventions should be taken into account. 2.3 Legal Context The County Government Act 2012 is the main legislation which guides governance, planning and development of the counties. Section 104 of this Act requires that every county government prepares planning frameworks that should form the basis for appropriation of public funds. The planning frameworks shall be developed by the county executive committee and approved by the county assembly. It further requires the county planning framework to integrate economic, physical, social, environmental and spatial planning. Section 103 provides the objectives of county planning. Other legislations that will inform County Spatial Planning include: Urban Areas and Cities Act 2011, Environmental Management and Co- ordination Act, Wild Life And Conservation Policy, Intergovernmental Relations Act, 2012, Public Procurement Disposal Act, 2005, Public Finance Management Act, 2012. 2.4 Governance Context Planning is a concurrent function. Article 186(1) and article 67(2) (h) of the constitution and the fourth schedule assign planning functions to both the national and county governments. The National Government is responsible for monitoring and oversight of land use planning throughout the country, general principles of land planning and the co-ordination of planning by the counties. The County governments are responsible for county planning and development. The Constitution of Kenya 2010 guides the two levels of government to relate on the basis of consultation and cooperation. Article 189 of the constitution requires the two levels of government to perform their functions while respecting the functional and institutional integrity of government at the other level of government and in liaison for the purpose of exchanging information, coordinating policies and enhancing capacity. Further, the constitution requires the two levels of government to assist, support and consult and as appropriate implement legislations of the other level of government. The process of preparing county spatial plans should be guided by this framework. 2.5 County Planning Principles Section 102 of County Governments Act stipulates the principles of county planning and development facilitation which include: •Integration of national values in all processes and concepts; •Protection of the right to self-fulfillment within the county communities and with responsibility to future generations; •Protection and integration of rights and interest of minorities and marginalized groups and communities; •Protection and development of natural resources in a manner that aligns national and county governments policies; •Alignment of county financial and institutional resources to agreed policy objectives and programs; •Engendering effective resource mobilization for sustainable development; •Promotion of the pursuit of equity in resource allocation within the county; •Provision of a platform for unifying planning, budgeting, financing, programme implementation and performance review; and •Serve as a basis for engagement between county government and the citizenry, other stakeholders and interest groups. 2.6 Contemporary Best Practices County spatial planning should take cognizance of contemporary best practices, concepts and aspirations including: natural capital assessment, sustainable development goals, sustainable human settlements and cities. 2.6.1 Natural Capital Assessment This is an analysis of the direct and indirect benefits that the environment provides to the nation's economy and people's health and happiness - focusing on the links between ecosystems, the services they provide, and their contribution to economic progress and human wellbeing and prosperity. It is premised on the fact that land and land resources play a fundamental role in delivering the economic growth targets of many emerging economies and have close links to issues such as job creation, poverty alleviation, and food security. Although land is a valuable asset that produces social, environmental, and economic benefits, of the three, economic benefits are the most readily recognized. Social and environmental impacts are important - but are often unpriced and undervalued. The rapid expansion of agricultural and industrial production onto high value ecosystems in many developing countries testifies to this undervaluation. 2.6.2 Sustainable Development Goals Sustainable development goals seek to build on millennium development goals and complete those that were not achieved. They are universal Goals which balance three dimensions of economic, social and environmental development. They are targeted at stimulating global action for the next 15 years. Some of the sustainable development goals (SDG) that have a direct bearing on the objects of the County Spatial plans include the following: (a) Sustainable Development Goal 1: by 2030, if not earlier, all the world's people will have access to safe and sustainable water and sanitation, adequate nutrition, primary health services, and basic infrastructure, including electricity, roads, and connectivity to the global information network. Pre- • lannin Visionin and ob'ective settin : Research and Mappin Situation Analysis Develo • ing Scenarios Formulation of Plan Pro • osals Presentin , Packa in and Publishin Ap • roving Launching and Dissemination 15th January, 2016 THE KENYA GAZETTE 35 (b) Sustainable Development Goal 2: from 2015 to 2030, all nations will adopt economic strategies that increasingly build on sustainable best-practice technologies, appropriate market incentives, and individual responsibility. The world will move together towards low-carbon energy systems, sustainable food systems, sustainable urban areas (including resilience in the face of growing hazards), and stabilization of the world's population through the voluntary fertility choices of families supported by health services and education. The third broad SDG is social inclusion, the commitment to future economic and technological progress under conditions of fairness and equitable access to public services, and with the government counter acting social discrimination on the basis of gender, ethnic origin, religion, and race. Sustainable Development Goal 3: every country will promote the wellbeing and capabilities of all their citizens, enabling all citizens to reach their potential, irrespective of class, gender, ethnic origin, religion, or race. Every country will monitor the wellbeing of its citizenry with improved measurements and reporting of life satisfaction. Special attention will be given to early childhood, youth, and elderly people, addressing the vulnerabilities and needs of each age cohort. (d) Sustainable Development Goal 4: governments at all levels will cooperate to promote sustainable development worldwide. This target includes a commitment to the rule of law, human rights, transparency, participation, inclusion, and sound economic institutions that support the private, public, and civil-society sectors in a productive and balanced manner. Power is held in trust to the people, not as a privilege of the state. 2.6.3 Sustainable Human Settlements "Promoting sustainable human settlements development" is the subject of Chapter 7 of Agenda 21, which calls for 1) providing adequate shelter for all; 2) improving human settlements management; 3) promoting sustainable land-use planning and management; 4) promoting the integrated provision of environmental infrastructure: water, sanitation, drainage and solid waste management; 5) promoting sustainable energy and transport systems in human settlements; 6) promoting human settlements planning and management in disaster-prone areas; 7) promoting sustainable construction industry activities; and 8) promoting human resource development and capacity-building for human settlements development. 2.6.4 Sustainable Urban Areas and Cities Cities are hubs for ideas, commerce, culture, science, productivity, social development and much more. Cities can promote economically, socially and environmentally sustainable societies if we adopt a holistic approach to urban development that ensure universal access to basic services, housing and mobility. Urban planning, transport systems, water, sanitation, waste management, disaster risk reduction, access to information, education and capacity-building are all relevant issues to be addressed. 2.6.5 Human Settlement Objective The overall human settlement objective is to improve the social, economic and environmental quality of human settlements and the living and working environments of all people, in particular the urban and rural poor. Such improvement should be based on technical cooperation activities, partnerships among the public, private and community sectors and participation in the decision making process from community groups and special interest groups such as women, indigenous people, the elderly and the disabled. These approaches should form the core principles of national settlement strategies. PART II—THE PLANNING PROCESS •Process •Deliverables •Format 3.0 Planning Process 3.1 Introduction This section provides guidance on the steps in preparing a County Spatial Plan (CSP). The steps are sequential but could overlap at some stages. The steps are as follows: (c) Figure 3. 1 0 Guiding Steps in preparing a County Spatial Plan The steps in figure 3.1 are elaborated below in terms of activities, actors, and timelines. 3.2 Step 1: Pre-planning This is the initial step that entails the definition of the scope of work, formulation of the Terms of Reference (TORs) and development of resource mobilization strategies. This is the stage at which planning for the planning process is done. The activities to be undertaken include: Identifying lks old Figure 3.2 - Pre-planning Stage 3.2.1 Scoping This is gathering and analyzing information that the planning team will use to plan for the planning process. It involves conceptualizing the whole planning process. It is done through a rapid appraisal or scan of the county development issues. It entails important aspects, including: •Identification of fundamental issues, stakeholders, opportunities for participation, needs for conflict resolution and needs for data and analysis; •Drafting of preliminary work plan for the process; •Drafting of preliminary design for stakeholder participation. 3.2.2 Needs Assessment This is a systematic process for determining and addressing planning needs, or gap between current situation and desired future/situation. It can be an appropriate tool to clarify problems and identify interventions. It is done through initial investigations which include literature review, engaging stakeholders, transect survey and observations. 3.2.3 Reconnaissance Survey Reconnaissance survey represents a type of field survey that is often used to gather initial information regarding the planning area. It aids in rapid appraisal of the area, identifying planning needs and is a precursor to preparation of inception report. This involves undertaking transect survey in order to appreciate planning issues. 3.2.4 Determination of Data Needs Data needs are a checklist of data required in preparation of CSP. It is prepared based on the thematic issues/areas, stakeholders' concerns and objectives. This leads to identification of data sources and methods/ techniques, and preparation of data collection tools. 3.2.5 Issuing Notice of Intention to Plan Notice of intention to plan is a statutory requirement that aid public sensitization and involvement in the planning process. This is the first notice which is intended to inform the public about the commencement of preparation of the County Spatial Plan. It is in a prescribed form and publicized in print media of wide coverage, in official and national languages (English and Kiswahili). It outlines the type, scope, the plan objectives, timeframe and the expected output. 3.2.6 Identifying Stakeholders Identifying stakeholders is determining and documenting those who will participate as the affected or influence the process or the outcome. This is done through mapping and analysis of those who may be affected or may influence the process or outcome of the plan. The outputs include a stakeholder register containing project stakeholder information, classification and spatial distribution; and a stakeholder management strategy which defines the approach to increase stakeholder support and reduce negative impact. 3.3 Step 2: Visioning and Setting of Objectives- 3.3.1 Visioning Visioning is the process of describing and illustrating the desired future to make it more vivid, real and compelling so as to serve as an impetus for the present actions. It is meant to help the stakeholders have a glimpse of the desired future state of the county ("an artist impression of the desired county to live, work, invest and play"). The stakeholders are guided by the consultant/planning team to come up with a shared vision. The facilitation profile of the planning area, identifying issues, and undertaking SWOT analysis. 3.3.2 Objectives Objectives are the means of realizing the shared vision. They are derived from the vision and based on thematic areas. They are short statements that describe the action that should be undertaken to realize the vision. They should be SMART as much as possible. They must be understood by all stakeholders and be easy to explain. They provide a standard for measuring the extent to which the intentions of preparing a plan have been attained. 1.4 Step 3' ROCaicli and Mapping 3.4.1 Research This step is a deliberate, structured study to determine, describe and explain the current situation/conditions of the county. it starts with identifying the type of data (primary and secondary, spatial and non-spatial), preparing data checklist, identifying sources of data, and choosing the appropriate method/ techniques of collecting and storing the data. The data collection methods and tools include oral interviews, observation, focused group discussions, GPS, satellite imagery, photography, socio-economic surveys, consultative forum and stakeholders' forum. in the manner of providing the •Data Processing 15th January, 2016 THE KENYA GAZETTE 37 3.4.2 Mapping Spatial data may be obtained from satellite imagery, aerial photography, ground surveys, and existing maps. It entails picking geographical data and features and updating of the same digitally. The outputs may include an array of GIS-based maps depicting layers such as; cadastral, land uses, topography, resources, and human settlement. 33 Step 4; Situation Analysis This is the critical examination of the current situation/conditions of the county. The situation analysis entails data processing, analysis and interpretation. •Data • Data interpretation Collection Figure 1 - Aspects of Situation Analysis 3.5.1 Data Processing Data processing involves cleaning, categorizing and coding of data. It also involves data verification to assess the data adequacy, relevance, and format. Further, it involves data cross-checking against the data checklist and the objectives of the plan. 3.5,2 Data Analysis This entails manipulation of data to extract useful information, depicting the current situation or conditions and projecting the future requirements. Analysis can be in two forms; statistical and spatial analysis. Spatial analysis is the process of examining the location attributes and relationships of features in spatial data. It is done through overlay and other analytical techniques. Data analysis applies both qualitative (descriptive, photography, etc.) and quantitative techniques (correlation regression, T-test, chi-square, etc.). 3.5.3 Data Interpretation Data interpretation is the process of deriving meaning from the analyzed data against the set objectives. Interpretation entails determining relationships, identifying shortfalls, determining trends and patterns leading to development of a current spatial portrait of the county. 3,6 Step 5: Developing Scenarios Developing scenarios is presentation of possible future development options based on identified challenges and potentials. It is an illustration of the plausible future states. 3.7 Step 6: Formulating the Plan Proposals Formulating the plan proposals consists of the following: (a)Developing strategies, policies and measures to: address the challenges, and harness opportunities in order to achieve the stated plan objectives and vision of the county. (b)Representing proposals (strategies, policies and measures) on maps and text describing the desired spatial structure. (c)Compiling and packaging Draft Spatial Plan. 3.8 Step 7: Packaging, Presenting and Publishing Draft County Spatial Plan The final outputs of the CSP process are; a report containing a written statement and a set of thematic maps and portrait of the desired spatial structure. 311,1 Packaging Packaging entails the design and presentation of the CSP in a format that enhances clarity, readability, appeal and understanding of the content of both the graphics and written statement while ensuring that plan presentation standards are adhered to. 3.3.2 Presentation The draft CSP should be presented to the stakeholders for validation. The views and comments received may be considered in finalizing the CSP. 3.8.3 Publishing The public should be notified of the completion of the plan through a public notice published in print media in a prescribed format in at least two local dailies (in official and national languages) with wide circulation and in Kenya Gazette. The Notice should include: Final CSP Approved CSP GIS Lab Figure 4. 1 - Deliverables of the County Spatial Planning Process •call for submission of comments and views on the Draft CSP; specification of the place where the plan can be viewed; where to submit the comments; •Period allocated for submission of views and comments. 3.9 Step 8: Approving the County Spatial Plan The Consultant shall submit the final plan to the County Executive Committee Member responsible for land use planning through the County Director responsible for Land Use Planning who recommends. The CECM will forward the plan to the County Assembly for approval through the County Executive Committee. The County Assembly will consider the plan for approval in line with assembly procedures. The Clerk to the County Assembly will present the approved plan together with the Hansard to the Governor who shall sign on behalf of the County Government and gazette the approved CSP in both Kenya gazette and County Gazette. 3.10 Step 9: Launching the approved County Spatial Plan The Approved CSP shall be launched by the County Governor. 3.10.1 Dissemination of the Approved County Spatial Plan The county government will ensure wide circulation of the approved plan to, among others: the sub counties, Urban Management Boards, County Land Management Board, national state departments and development agencies, state agencies, development partners, civil society, research institutions, service providers, investors, financial institutions among others. 3.11 Step 10: Monitoring and Oversight A copy of the approved plan shall be submitted to the National Land Commission to facilitate monitoring and oversight pursuant article 67 (2) (a) & (h) of the Constitution. The plan will form the basis for engagement between the NLC and the County Government and shall be applied with respect to management of public land, regulation of land use and development, and monitoring and oversight of land use planning (Annex 3.3). 4.0: deliverables and format of presentation 4.1: Deliverables The CSP has several outputs/deliverables which are presented in a specific format. The deliverables are: Inception Report Vision Report Situational/Issue Analysis Report MS Database Basemap Thematic Maps Preferred Scenario Plan Draft CSP 4.2 Format of Deliverables Each of the deliverables will be presented in a specific format as described below: 4.2.1 Inception Report The initial report prepared by the planning team/ consultant to demonstrate the understanding and interpretation of the TORs/assignment. It has the following components: •Background •Purpose •Terms of Reference(TORs) •Objectives •Methodology •Scope •Work plan •Budget 4.3: Vision Report Vision report is a description of the shared vision prepared by the planning team/consultant after consultations with stakeholders. It includes a written statement and illustrations and diagrams. It should be concise and captivating. The report should also outline objectives that are precise statements of intent addressing planning issues. 4.4 Situation Analysis Report This is a report of the appraisal of the planning area and contains a summary of the planning issues that include opportunities, potentials and challenges. The issues arc derived from stakeholder engagements, field surveys and investigations, review of existing policies, development programmes and other emerging developments. The issues are clustered according to thematic areas and should give a snap shot of the planning area. 4.5 GIS Data Base This is storage of geo-spatial data that is collected, processed and kept in a manner that can easily be retrieved, manipulated, updated and displayed in form of digital maps, illustrations and graphics. 15th January, 2016 THE KENYA GAZETTE 39 4.6 Base Maps These are maps depicting background reference information on which other thematic information is placed. Base maps have essential elements like topographic features, cadaster information, roads, rivers, contours, administrative boundaries and existing developments. Sources of data for base map preparation may include: •Topographical maps •Satellite imagery •Aerial photos •Existing topographical maps •Cadastral maps •Ortho-photo maps •Other existing thematic area maps 4.7 Thematic Maps Thematic maps depict the spatial pattern of a particular theme in terms of geographical attributes. These themes relate to physical, social, political, cultural, economic, sociological, or any other aspects of the county, and can be illustrated in a number of maps in layers as described below: •Physiographic Map — Layer 1 (Topography, soils, geology and rivers) •Natural Resource — Layer 2 (habitat, parks, reserves, forests, wildlife & archaeological resources, water resources) •Human Settlements — Layer 3 (urbanization, rural development patterns, population & demographic patterns) •Transport and Communication — Layer 4 (transport - roads — with classifications, airports & airstrips, water ways, pipelines, power lines, ports & harbors, railways) (Communication — fiber optic, mobile communication networks •Local & Regional Economy — Layer 5 (land use patterns, commerce, industrialization, mining, service industry & institution, tourism) Cadastral Layer Land Use Patterns Topography Forestry and Marine Population and Demographics Agriculture, Forestry Human Settlement Figure 4.2 - An Illustration of Thematic Maps 4.8 Preferred Scenario plan This is the selected model of development arrived at after synthesis and integration of various possible scenarios. 4.9 Draft CSP The draft CSP will comprise a written statement together with accompanying illustrations, diagrams and graphics. It also contains: a vision statement, objectives, situational analysis and synthesis, proposals and implementation strategy. The proposals are in the form of policies, strategies, actions, measures including a spatial structure depicting the vision of the county and prescribing land use zonation and land development standards. The draft plan is presented in five parts which may include: 1.Introduction and Planning Context— these consist of: background of the plan, problem statement and justification of the plan, vision statement, objectives, scope, principles, methodology and an outline, the location( local, national, regional), constitutional, policy and legal context. 2.Situation Analysis and Synthesis— analysis is done along the following thematic areas: •Social Development- population and demographic characteristics, health, education, other social amenities and social cultural issues. •Land, Natural Resources and Environment- land availability, land tenure, physiographic features, land, water, wildlife, forests, minerals, fauna, flora, biodiversity, soil and geology •Economic Development- industry, commerce, mining, fishing, trade, financial services, transport, tourism, forest products, Agriculture and informal sector •Human Settlements and Urbanization- urban centers, urbanization trends, infrastructure and housing services, urban hierarchy and rural settlements, •Rural Development- Natural endowment, agriculture, pastoralism, •Transportation and Infrastructure- water supply and sanitation, coverage and distribution, road network and connectivity, energy, communication, air and water transport . Governance- institutions, finance, public participation, security, public order, justice and fairness, 3. Plan Proposals - Plan proposals comprise strategies, policies, actions and a spatial structure which leads to the actualization of the desired future state. The plan proposals should provide for: •A spatial structure depicting the vision of the county and prescribing land use zonation and land development standards; •t and realignment, amalgamation, redevelopment, regeneration and infrastructure and service provision layout; •Linkages to national development proposals and those of the inter and intra county development; •A balanced system of human settlements and delineate the urban limits of the municipalities within the county and mechanisms of dealing with the rural urban interfaces; •Harmonized system of county communication, infrastructure and related services; •A framework for integrated urban and rural areas development for efficient economic and social activity; •A viable system of green and open spaces for a functioning eco-system; •Space for tree cover of at least ten per cent of the land area of county as required in Article 69 of the Constitution; •Reservations for public security and critical national infrastructure, utilities and services; •Protection of the historical and cultural heritage, artefacts and sites within the county; •Preconditions for integrating under-developed and marginalized areas to bring them to the level generally enjoyed by the rest of the county; •Guidelines for land use management system; control, regulate land use and land use changes through zoning schemes and performance standards; •A framework for public and private land development and infrastructure investment; •Areas where strategic intervention is required; •An implementation framework which indicates; ■Programs and projects for the development of land ■Areas for priority spending •Capital investment framework •A strategic assessment of the environmental impact of the spatial development framework including clarifications on the anticipated sustainable development outcomes of the spatial plan; 4.Plan Implementation Framework - this is an outline of programmes and projects to be undertaken. The outline will indicate the Sectors, Action areas, Actors, Budget and Timelines. This may be presented in a matrix. 5.Monitoring and Evaluation framework- Monitoring and Evaluation is an internal mechanism to ensure implementation and realization of CSP proposals and projects. It may be presented as an outline of processes and procedures of tracking the implementation of the CSP. The purpose of which is to ensure timely corrections and plan review. 6.Annexes- These are appendages of detailed information and include population statistics, key references, research tools, list of participants, schedules, maps, comments/suggestions and notices. 4.10 GIS Lab An operational GIS Lab has the following components that combine to makes it possible to capture, digitize, retrieve, store, manipulate, disseminate and share. A working GIS integrates six key components: Figure 4.3 - GIS Compo 15th January, 2016 THE KENYA GAZETTE 41 The basic features of a GIS mapping software should include ability to: •Input and store the attributes of Geo-spatial information; •Process and manipulate the database information; •Retrieve the information from a geo-database; •Display geographical information in form of maps and other graphics; •Share the map products through the web. 4.11 Digital Maps Digital maps are a collection of geographical data that is combined and formatted into virtual images and layers/shape files. Digital maps give accurate representation of particular area detailing different features within a given area. These will be developed by the planning team to enable an appropriate GIS database for the county spatial planning process. PART III: PUBLIC PARTICIPATION •Public Participation •Institutional Framework 5.0 Public Participation 5.1 Meaning of Public Participation Public participation is the involvement of stakeholders in influencing outcomes of county spatial planning process. It is the deliberative process by which citizens, non-state, and government actors are involved in policy making and implementation before decisions are made. This shall be done during preparation, implementation, monitoring and review stages. 5.2 Purpose of Public Participation It is a requirement under article 69 (1) (d) of the Constitution of Kenya and Part viii sec. 87-92 and 115 of the County Government Act 2012. It aims to: •Create awareness and interest in CSP preparation and enhances justice and rule of law. •Provide an opportunity for the public to influence decisions on planning matters affecting them. •Ensure sustainability through enhanced ownership of the plan •Build capacity and enhance responsibility for further involvement •Minimize conflict during preparation and implementation •Enhance accountability of resource utilization •Increase transparency, inclusivity and in the county spatial planning process Fundamentals in Designing a Particpation Process In order to define the participation process the following fundamentals shall be considered in the designing process. Figure 5. 1 - Fundamentals in Designing Participation Process 5.3 Categories of Stakeholders/who should participate? All citizens need to be given an opportunity to participate. For effective participation, representation should be drawn from various categories of stakeholder including: local communities, state agencies, private sector, civil society, special interest groups(minority and people with disability), youth, political leadership, professionals, education and research institutions, service providers and consumers, business community, opinion leaders, sectoral entities, media, conservationist and children among others. At all levels care should be taken to observe the gender rules as far as practicable 5.4 Role of Stakeholders in Plan Preparation •Develop a shared vision or direction that they can agree to and buy into; •Formulate creative solutions through dialogue and group processes; •Resolve conflict through negotiation and mediation; •To communicate the wishes, interests and aspirations of the people they represent. •To facilitate the process of proper planning and achievement of sustainable development of the County. 5.5 Stakeholder Identification For effective public participation, stakeholder identification should consider: •The immediate targeted users of the CSP ; •The people who have a key stake in CSP's; •People and institutions that need to be brought on board to support the CSP process; •Inclusivity and prior information sharing •Collaborations, cooperation and networking •Those who Influential opinion; •Those Who influence decision making in the community; •People with indigenous knowledge on the local situation; •Who has executive authority in the geographical/subject area •Spatial distribution (stakeholders mapping) of the stakeholders •Women, youth and the persons with disability. 5.6 Mode of Engagement Engagement of stakeholders will take the form of: Focused group discussions, Stakeholder forums (workshops), Public hearings, Consultative forums, Letters, Social media, Advertisements, Press conferences, Talk shows, Newsletters, Displays and exhibitions, Brochures, Public fora. 5.7 Levels of Engagement For the preparation of CSP stakeholder engagement will be undertaken at three critical stages namely: inception stage, situational analysis and plan proposal. For the purpose of county spatial planning process, sub-county is the basic unit of stakeholder engagement. 5.7.1 The inception stage •Consultative meetings will take place between the planning authority, the consultant, government agencies and community leaders to create awareness of the intended preparation of CSP •Notices informing the public of intention to prepare the CSP and invite comments First stakeholders meeting 5.7.2 Purpose of first Stakeholders Meeting •Create awareness •Build consensus among stakeholders on the need for the CSP •Capture Stakeholder aspirations for the CSP •Scoping to identify planning issues and opportunities •Understand the planning area and appraisal of the problem •Set out a vision and objectives of the plan •Form working groups 5.7.2.1 Output of First Stakeholders Meeting •Agreeable vision and objectives •Opportunities, challenges and inherent and trends in area •Way forward on further engagements •Consensus on planning. 5.7.3 Situational Analysis Stage 5.7.3.1 Purpose of Second Stakeholders Meeting •Presentation of situation analysis report •Stakeholder interrogating the report •Identifying gaps, clarifying, verifying and prioritizing issues to be addressed •Consensus building on the plan vision and objectives •Deliberating and agreeing on possible scenarios •Validating of situation analysis 5.7.3 2 Output of Second Stakeholders Meeting The expected output at this stage includes a report comprising: •The existing spatial portrait of the county •Emerging trends from the spatial portrait to be addressed by the CSP •A clarified spatial vision for the County (10 years) •A set of spatial objectives to address the identified issues and fit the vision 5.7.4 Plan Proposal Stage 5.7.4.1 Purpose of Third Stakeholders Meeting •Present the first draft county spatial plan to the stakeholder for review, value addition, validation and adoption •Receive and record comments from stakeholders •Assess the comments for incorporation into the draft CSP •Deliberating and agreeing on the preferred development model 15th January, 2016 THE KENYA GAZE11E 43 5.7.4.2 Output of third stakeholders meeting •Consensus for proposals •Agreed and shared vision •Validated draft CSP 5.8 Choosing a Venue The location of the venue for stakeholders meeting is crucial for maximizing attendance. The following tips can be used to guide choice of a suitable venue for conference stakeholders meeting: •Accessibility- transport to the venue including parking •Availability alternative hotel facilities- lodging and restaurant facilities convenient to attendants if not accommodated in a central place •Suitability- the venue needs to be most appropriate for the target audience •Size and layout of space- for conferencing, microclimate, disability access and convenience •Affordability of the facility •Infrastructure and amenities and concierge support, safety and security requirements •Technical facilities- components to support the event - audiovisual equipment, break-out rooms, public address, WiFi •Brand image — history of successful events at the venue 5.9 Procedure of Meetings For Stakeholder meetings to effective they need to be properly conducted by: •Agreeing on Program for the meeting; •Climate setting and ice breaking; •Agreeing on the procedures of conducting meetings including language; •Validating a objectives of the meeting; •Making presentations to highlight issues in a simple non-technical ways; •Promoting free, fair and open participation; •Allocating time for feedback through targeted group work; •Appropriately recording of the proceedings in form of minutes, resolutions and expectations. 5.9.1 Timing of Meetings The timing of meetings should be guided by: •Understanding of the broader context of the public sector and community operations for greater impact in management of stakeholders •Setting of specific times and durations for meetings •Avoiding days that are least effective for maximum attendance, productivity and participation. •Paying attention to seasons and calendar of local events 5.9.2 Recording Recording of proceedings at stakeholder forums is mandatory and fundamental. 5.9.2.1 Purpose of Recording Recording ensures that: People's contributions are documented A historical record is available for future reference, verification and reminder of past events and actions Information is available to those not present at the meetings and would like to maintain track of events and progress of planning •This is evidence of record of events. 5.9.2.2 Format/options of Recording Tape recorded, written notes and minutes Record key points visibly, such as on newsprint or a chalkboard Tape--usually by audiotape, but occasionally by videotape as well 5.10 Plan Implementation Stage •Popularize the CSP (awareness creation) •To build capacity of key stakeholders for effective implementation •To ensure accountability and transparency in resource mobilization •Develop partnerships for plan implementation. •Build synergy on monitoring and evaluation plan •Play watchdog role 6.0 INSTITUTIONAL FRAMEWORK FOR PLAN PREPARATION AND IMPLEMENTATION 6.1 Introduction To successfully prepare and implement County Spatial plans, Counties need to deliberately develop effective and efficient institutions as required under the County Governments Act 2012. These institutions should also have both vertical and horizontal relationships and synergy at various levels. 6.2 County Level Institutions 6.2.1 County Executive Committee COUNTY EXECUTIVE COMMITTEE Coordination COUNTY PLANNING UNIT Figure 6. 1 - Framework for CSP Preparation 6.3 General Institutional Framework ( CONSULTANTS Contract Administration Project Supervision & PROJECT MANAGER (CD CSP) SECRETARIAT Support Team Under the County Governments Act 2012 sections 110(3) the responsibility of developing a County Spatial Plan is bestowed upon the County Executive Committee. This should be done in line with section 110 (2) (c) (iv). The county governments are also required to designate county departments as planning authorities as per section 104 (3). For purposes of the County Spatial Planning, counties need to set up offices of the County Director of Land Use Planning with qualified staff supported by requisite equipment and technology (see schedule for details). The County Director of Land Use Planning should be responsible to the County Executive in preparing and implementing the County Spatial Plan. The County Director of land use planning shall coordinate the preparation and implementation of the County Spatial Plan through a multi- sectoral Planning Unit of which he is the head. 6.2.2 County Planning Unit County Planning Unit is established under section 105 of the County Governments Act 2012 perform the following functions — •coordinating integrated development planning within the county; •ensuring integrated planning within the county; ensuring linkages between county plans and the national planning framework; and •ensuring meaningful engagement of citizens in the planning process; •ensuring the collection, collation, storage and updating of data and information suitable for the planning process; and •ensuring the establishment of a GIS based database system. The County Planning Unit will be coordinated by the County Director of Land Use Planning with representation from the following sectors:- Land •Economic Planning •Environment and Water •Infrastructure and ICT •Agriculture and Livestock •Trade, Industry and Commerce •Finance and Administration 6.2.3 County Executive Committee Will be responsible for policy direction regarding county spatial planning process. 6.2.4 County Assembly The County Assembly is responsible for approval of the budgets and the County Spatial Plan in accordance with approved procedures. The County Assembly is also responsible for ensuring allocation of adequate funds for preparing and implementing the County Spatial Plan. At the national level the institutional and functional relationship shall be as depicted in the diagram below with the county government as the main focus of activities. 15th January, 2016 THE KENYA GAZETTE 45 4111041110111 410.y Figure 6.2 - General Level Institutional Framework PART IV: FUNDING AND PROCUREMENT •Funding •Procurement 7.0 PROCUREMENT OF PLANNING SERVICES The County Government may engage the services of a planning firm or consortium to undertake the preparation of CSP guided by the Public Procurement and Disposal Act, 2005 (PP&DA). This section is, therefore, informed by Public Procurement and Disposal Act, 2005. 7.1 Main Steps in Procurement Process The County Director responsible for Land Use Planning should prepare an annual departmental work plan and procurement plan indicating the need to procure planning services for the CSP. The Director should ensure that the proposal to procure planning services is captured in the county annual work plan and procurement plan. The following main steps illustrate the procedure of procuring CSP preparation services: •Prepare annual work plan for the county in which consultancy services should be captured; •Formulate the annual procurement plans for the county- indicating the budget, source of funds, timelines and monitoring mechanism; •Prepare a planning need assessment and concept note which will be incorporated into E01; •Prepare expression of interest (EOI) in line with Section 78 (1) of the Public Procurement and Disposal Act, 2005; •Advertise the notice in at least two daily newspapers of nationwide circulation; •Prepare detailed terms of reference (TORS) as per section 79 of Public procurement PD Act; •Issue a request for proposals (RFP) document; •Set up technical team to evaluate proposals/bids as per Procurement and Disposal Act; •Set up tender committee to deliberate on the evaluation report and award the tender, •Prepare tender contract documents and signing of the contract; •Appoint contract manager and outline responsibilities. 7.2 Detailed Steps in Procuring Planning Services 7.2.1. Prepare Terms of Reference The Terms of Reference include the following elements: •The background including the reasons necessitating the plan preparation (problem statement) •Planning and development challenges. •Purpose and goal of CSP. •The objectives to be achieved by the plan •The deliverables expected from the contract •Qualification needed (At least one of the directors and the team leader must be a practicing registered planner) •Detailed Tasks •Planning methodology •Surveying methodology •Project implementation framework The county director responsible for land use planning will be responsible for preparing the Terms of Reference. 7.2.2 Notice Inviting Expression of Interest (EOI) The notice inviting expression of interest (EOI) shall set out the following: •Name and address of the County Government •A brief description of the services being procured •Qualification requirements •Place where and time when the expression of interest should be submitted Where there is a list of approved prequalified firms, the procuring entity may invite request for proposals directly. 7.2.3 Request for proposal (RFP) Request for proposal should contain the following: •Standard request for proposals (RFP) (Selection of consultants) firms •Standard Request for proposals (RFP) (selection of consultants) Individuals •Letter of invitation •Information to consultants •Technical proposal •Financial proposal •Terms of reference •Standard forms of contract. •Lump- sum payments •Time based payments The proposals (RFP) may be invited through an advertisement or from a list of prequalified consultants who had earlier expressed interest (EOI) for that particular procurement. 7.2.4 Tender Opening and Evaluation The tender documents shall include financial and technical proposal and should be presented in two separate sealed envelopes. •The opening of the proposals shall be done by an opening committee appointed by the County Secretary •At the time of opening only the technical proposal shall be opened in the presence of the bidders who may choose to be present •The county secretary shall constitute a technical committee that shall evaluate the proposals. •In order to qualify for the financial opening, the technical proposal shall score at least 70 per cent as minimum pass mark. The financial proposals shall remain sealed in the envelope and shall be secured safely up to the time of opening. The opening shall only be done for the bids whose technical proposal attained the 70% and above. 7.2.5 Criteria for Tender Evaluation The procurement services will be cost and quality based. The criteria for evaluation will be based on scores designed by the tender evaluation committee and shall be guided by the following: Area of Competence Scores ;Remarks CV of the individual consultant or firm and number of similar assignments done 25 Specific experience of the lead consultant related to the assignment Qualification, competence skills and experience of other professional staff to be involved Adequacy of methodology and work plan in response to the TOR Total Table 7. 1- Criteria for Tender Evaluation 7.2.6 Tender Award Notification shall be communicated to the successful firm in writing giving details and instructions within the specified timeframe as provided for in the PP&DA Section 67 (1,2,3).After the award and notification, the county secretary shall appoint the county director of land use planning as the project manager. The contract shall commence after the contract has been signed by county government and the consultant. 7.2.7 Contract signing •The contract which is concluded must be in writing and signed by both parties(consultant and proponent) •The contract must state the contract sum payable under that contract and the timeframe •PP&DA Section 68 7.2.8 Opening Contract Files The contract file shall be opened by the contract manager after the procurement contract has been signed.. The file shall be used for recording the actual performance of the requirements indicated in the contract file should contain the following: •Signed original procurement contract. •Any signed modifications to the contract. •Information on the performance. •Correspondence on the contract. •Progress Management reports •Minutes of meetings of project team •Payment records and close up documents. 15th January, 2016 •Copy of performance security (where required) •Any other relevant information. 7.3 Contract Administration •The County Director of Land Use Planning shall be the Contract Manager. •The Contract Manager will constitute a technical team to perform the obligations and duties of the County Government specified in the contract. •and the technical team will ensure that the contractor performs the contract in accordance with the terms of reference .. •The Contract Manager and the technical team shall be appropriately and adequately facilitated in terms transport, office accommodation, allowances and equipment. 7.3.1 Responsibilities of Contract Manager •Monitoring the performance of the contractor, to ensure that all delivery or performance obligations are met or appropriate action taken by the County Government in the event of obligations not being met; •Ensuring that the contractor submits all required documentation as specified in the bidding documents, the contract and as required by law; •Ensuring that the County Government meets all its payment and other obligations on time and in accordance with the contract •Ensuring that there is adequate cost, quality and time control, where required; •Preparing any required contract variations or change orders and obtaining all required approvals before their issue. Such variations or change orders must be clearly justified in writing backed by supporting evidence; •Managing any handover or acceptance procedures; •Making recommendations for contract termination, where appropriate, obtaining all required approvals and managing the termination process; 7.4 Procurement by Design Competition •The County Government can also procure services for the preparation of CSP through design competition in accordance with section 92(2) of the Public Procurement and Disposal Act, 2005 8.0 FINANCING COUNTY SPATIAL PLANNING 8.1 Sources of Funding The county spatial planning process requires adequate and timely funding. The main sources of funding for preparation and implementation of CSP are: •County government budgetary (revenue collection & voted funds) •Development Partners •Public/private partnerships National Government 8.2 Cost Components in Preparing the County Spatial Plan The cost components in the CSP process include: human resource, equipment, data acquisition, logistics and administration. However, the costs may vary from county to county and therefore the guideline provides indicative costs. The following are the primary cost components: •Preplanning process •Developing inception report •Undertaking needs assessment •Establishment of a GIS lab •Stakeholder engagement •Public Notices •Data collection and acquisition •Digital mapping •Socio-economic surveys •Formulating plan proposals •Finalization of the CSP •Project administration •Launching of the CSP •Professional fees •Contingencies APPENDICES ANNEX 3.1: MATRIX ON COUNTY SPATIAL PLANNING PROCESS The timeframe assigned in this matrix are generic and dependent on available and timely flow of funds. Step Activity Time Frame Milestones Deliverables 1. Pre-Planning - Scoping 1st- 2nd -reconnaissance report Inception Report - Carrying out Needs assessment week. -consultative meetings - Reconnaissance survey -Needs assessment report - Consultative meetings with client -work plan & budgets -Planning intention notice - Determining data needs Step 2. Visioning and Setting of Objectives 3. Establishing of GIS Lab, Data Collection and Mapping 4. Situational Analysis . Developing Scenarios (Modeling) 6. Formulating Plan Proposals Publishing CSP 8.Approving the County Spatial Plan 9.Launching the approved County Spatial Plan Activity Time Frame Milestones Deliverables - Issuing Notices Identifying key stakeholders Engaging Stakeholders 3rd Week -Vision Agreed Vision Defining the overall framework for the -Objectives plan - Defining Key values to drive the spatial planning process? Defining Key principles which to be applied when making land use decisions? Defining Key spatial issues which need to be dealt with? Setting Priorities - Establishing a GIS Lab GIS Capacity Building GIS Needs Assessment Identification of Data Sources Mobilizing Primary & Secondary Data Acquiring Satellite Imagery Obtaining Topo-Cadastral Data Mapping Resources Processing Data 21st Week — Baseline/Situation GIS Database Analyzing Data 25th Week Report Base-map Interpreting Data Analytical Maps j Thematic Maps - Spatial Analysis - Carrying out Natural Capital Assessment 26th Week - - Stakeholder Meeting - Preferred Scenario - Analyzing Trends 28th Week - Scenarios Report Plan - Formulating Alternatives - Engaging Stakeholders - Building different scenarios - Developing Strategies, Policies and 29th Week — Strategies - Draft County Measures 37th Week - Policies Spatial Plan - Developing a desired Spatial Structure - Measures - Preparing Draft Spatial Plan County Spatial Structure Proposed Land uses - Engaging Stakeholder 38th Week - Stakeholder meetings Publicized Draft - Issuing Notice of Completion 50th Week Notice of Completion County Spatial - Incorporating Comments Plan - Finalizing Draft CSP 51st Week — Final County - Presenting CSP to CA by CEC two weeks 52nd Week Spatial Plan after completion - Launching CSP by Governor 52nd Week Final County Spatial Plan -Start 4th Week -End 20th Week Resource Inventory GIS Lab Trained County Staff Training Guidelines - Data Inventory Digital Maps GIS Lab ANNEX 3.2: GIS LAB REQUIREMENTS Office Space An office space with minimum size of 25ft by 50ft is required to accommodate the minimum set of equipment needed for a GIS lab. The space should able to accommodate at least: two GIS personnel, computers, power backup, plotter, scanner, and should also be networked. Hardware Hardware is the computer system on which a GIS operates. GIS software runs on a wide range of hardware types, from centralized computer servers to desktop computers used in stand-alone or networked configurations. A GIS lab should have at least two computers (big capacity to hold large amount of data), power backup, Plotter (Min size 42'), Scanner (MM size 42') and A4 coloured Printer. Software GIS software provides the functions and tools needed to store, analyze, and display geographic information. There are several software in the market that can perform GIS functionality, but the one known to support GIS database is Esri ArcGIS software. Data Geographic data and rehtted tabular data can be collected in-house, compiled to custom specifications and requirements, or purchased from a commercial data provider. A GIS can integrate spatial data with other existing data resources, often stored in a corporate DBMS. The integration of spatial data (often proprietary to the GIS software), and tabular data stored in a DBMS is a key functionality afforded by GIS. Personnel The GIS lab will require skilled technical specialists who design, maintain, update and safeguard the system. Reference Legislation policies Plan proposal, needs assessment, TORs Minutes, Attendance List Approved Allocation, Equipment Inventory, Staff Establishment, Skills Assessment Record Public Procurement and Disposal Act, Public Finance Management Regulations, Procurement Plan, TORs TOR CSP guidelines, Check List, GIS standards Stakeholder Analysis Framework, Check List, CSP Guidelines Who prepares/ Source of Information Due Date Planning Team/Consultant 2 weeks GIS Lab Components Office Space/Lab GIS Server Power backup Backup System Air conditioning At least 3 PCs with minimum 20' screen GIS Software (ESRI for desktops, Open Source for Server) At least 5 Handheld GPS receivers Plotter (Minimum 42') Scanner (Minimum 42') Printer Structured Cabling Representation of the Cartographic Maps in Electronic Form Digitizing from Existing Topographical Maps (From accredited Digital Maps Definition Sourcing 15th January, 2016 THE KENYA GAZETTE ANNEX 3.3: MONITORING CHECKLIST STAGE SUB-STAGE Preliminary/ a) Authorization Preparatory Planning a) Reconnaissance b)Base Map Preparation c)1st Stakeholders Consultation (Visioning and Objective Setting) d)Data collection ISSUE Legality Justification Representation, Effectiveness Financing, Equipment, Human Resource Compliance with the laws, procedures Human Resource Interpretation of the TORs Comprehensiveness of the base map Stakeholder Analysis, Inclusiveness, Mode of Engagement Relevance, Accuracy, Adequacy, Up-to-date Methods Stakeholder Analysis, Inclusivity, Mode of Engagement Data Checklist and guidelines CSP guidelines Stakeholder Analysis CSP guidelines CSP guidelines, CIDP, Sectoral Plans b)Public participation c)Resource Mobilization Procurement of Planning Services e) Data Analysis 0 T'd Stakeholders Consultation g)(Feasibility and Situation Analysis Report) h)Formulation of Proposals Method, Relevance, Adequacy, Efficacy, Conformity to National Values and Principles i) Draft Plan Design Completeness, Design Standards, Interpretation CIDP, Sectoral Plans to CSP .0 a Consultation (Validation) Inclusivity, Mode of Engagement CSP Guidelines k) Publication Inception Report, CSP Framework, Check List, CSP guidelines, Objectives, Vision Statement, Constitution Kenya 2010, Land Policy Stakeholders Stakeholder Analysis, Stakeholder Analysis Framework, Check List, Public Notice, Publication According Legislations, Summary of Correspondences for the to the law, Circulation, County plan from Stakeholders, Gazette, Proof of Incorporation of comments, 1 Approval Adherence to law, Timeliness Implementation Plan Approval Brief, and CEC, Land Use Planning Legislation. Approved Plan, Implementation plan, Lower Level Plans, related budgets Review Conforms to an Approved Plan, Timeliness, Conformity to an Implementation Plan, Influence to lower level plans, Clarity on Roles Assigned, Financing of Programs and Projects Relevance of Vision and Objectives, Approved plan, budgetary allocation, Monthly Adequacy of finances, Emerging progress reports from Implementers, budgetary Issues not Anticipated, Practicability allocation and appropriation, Land Use Planning of Implementation, Legislation Authorization ANNEX 4.1: MATRIX ON DELIVERABLES OF COUNTY SPATIAL PLANNING PROCESS Deliverable Inception Report Aspect Definition Format/Components Strategy/Guidelines Understanding of Plan of Action, Time Frame & Budgets for carrying out task at hand. Understanding of ToRs Methodology Work- Plan Qualification Budget Scope of work Purpose Objectives Deliverable Aspect StrategylGuidelines Government Agencies, Specialist Groups, etc.) Ground Surveys (GPS, Total Stations, etc.) Aerial Photography (Orthophotos)/Remote Sensing Statistical Data from (Population, Economic from agencies such as KNBS, IEBC) Datum & Projections WGS84, UTM Resolution (Spatial and Temporal) Minimum spatial resolution = 10m for rural areas and 2.5m for urban areas Temporal resolution = 1 year Presentation Scale Choice of scale must allow for maximum legibility/Conventional Planning Scales hematic Maps Definition Maps of specific themes/aspects Presentation Format Choice of color and symbology must be conventional relating to each theme (e.g. rivers must be blue and varying in line widths depending on size of river) IS Database (Geo- Data Dictionary atabase) Metadata Data about data Security Physical User rights and roles Views Queries Schema Entity Relationships Diagrams (ERDs) Primary/Foreign Keys Topology Geometrical and logical consistencies in a Data Base Involve sets of rules governing data integrity Scenario Plans and Definitions Scenarios are Plausible, often simplified, descriptions of future. atural Capital Natural capital is defined as the stock of natural assets - such as ecosystems, ssessment Report species, fresh water, land, minerals, the air and oceans - that provide benefits to people. Formats/Components raft County Spatial Plan Definition Format/Components An unapproved County Spatial Plan Introduction Objectives Proposed Thematic Areas oSocial Development oEconomic, Trade and Industrial Development oLand, Environment, Natural Resources & Conservation oHuman Settlements and Urbanization oRural Development (Agriculture/Pastoralism) oTransport and Infrastructure and services oGovernance oStrategic Environmental Assessment Proposed Thematic Strategies Proposed Policies Proposed Spatial Structure oBroad Land Use Layout oRelationships among land uses (Connectivity) oNational County and Inter county linkages Proposed Implementation Strategies Annexes oImplementation Matrix (Sector, Issue, Objective, Strategy , Action, Actor, Cost Timeframe) inal County Spatial Plan ANNEX 7.1: EXPERTISE, QUALIFICATIONS AND EXPERIENCE OF THE CONSULTING FIRM The Lead Consultant •The lead consultant must have at least a Master's degree in Urban and Regional planning and shall be responsible for the contract performance; •Have at least fifteen (15) years continuous working experience in urban and regional planning; •Be registered by the relevant professional body in Kenya and hold a valid practicing license; •Evidence of similar assignments undertaken. Other Key Personnel The firm or consortium must have the following experts with at least a first degree and ten years' experience: •Land surveyor with competence in GIS; •Urban and Regional planner •Civil engineer (Water and Sanitation Engineering; Roads Engineering); •Housing expert; ▪Geologist, •Agriculture Expert •Environment expert •Sociologist; •Economist; •GIS expert 15th January, 2016 THE KENYA GAZETTE 51 ANNEX 8.1: EXEMPLAR COUNTY SPATIAL PLAN BUDGET Output Inception report Estimated Cost Needs assessment report GIS LAB Visioning Data Collection and Digital mapping Socio-economic survey Activity Desk review Preparation of inception report Consultative meetings with client and issuing notices FGD meetings and needs assessment Reconnaissance survey Determining data needs, tools & identifying key stakeholders TOTAL 1st Stakeholder Workshop Establishing ground controls Preparation of base map Desktop review Social & Physical infrastructure mapping Cost Items 15 Days @ 50,000 x 3 Pax 30 pax @ 15,000 one day hotel and conference (Consultant and venue hiring) 3 Sub counties 1Focus Group Discussions, 15 pax @10,000X 3 3Consultant @50,000 x 6Days 2 Assistant@ 15,000 X 6 Days Logistics and Travel (Fuel, drivers, accommodation, 10 Experts @ 50,000 x5 Days 3 Assistant@ 15,000 X 5 Days Logistics and Travel (Fuel, drivers, accommodation, Office visits &Data cost) Work session retreat, 5 Day for consultant and experts Hardware; Software; Expert; Training; Plotter Conference facilities 125 x 3 @ 3000/= 1 Lead Consultant- 1 x 50000 x 5 days 8 Thematic experts - 8 x 30000 x 5 days Travelling refund 100 x 2000/= x 3 Logistics and Travel (Fuel, drivers, accommodation, Workshop preparation and mobilization 5 Logistic team - 5 x 10000 x 5 days Accommodation 14 pax x 15000 x 5 days Acquiring Satellite image Acquiring Topo cadastral data 3 Surveyor - 3 x 30000 x 20 days 6 Assistants - 6 x 15000 x 20 days 3 Drivers - 10000 x 20 days x 3 9 Casuals -9 x 1000 per day x20 days Materials Logistics and travel - 15000 per vehicle per day x 20 days Processing of the spatial data - 30000 x 30 days 7 Researchers - 7 x 20000 x 20 days 35 Assistants - 35 x 10000 x 20 days Logistics and travel - 50000 per day x 20 days 14 Planning Assistants -14 x 10000 x 10 days Analysis and Interpretation 2nd Stakeholder Workshop Formulating Draft CS Plan 3rd Stakeholder Workshop Notices Issue notice of completion of spatial plan Logistics and travel - 14 x 2000 per day x 10 days 1 Lead Consultant- 1 x 50000 x 10 days 8 Thematic experts - 8 x 30000 x 10 days 16 Experts - 16 x 25000 x 10 days 7 Researchers - 7 x 20000 x 10 days 1 Statistician - 1 x 30000 x 10 days 3 Logistic team - 3 x 10000 x 10 days Accommodation 36 pax x 15000 x 10 days Conference facilities 125 x 3 @ 3000/= Travelling refund 100 x 2000/= x 3 Logistics and Travel (Fuel, drivers, accommodation, Workshop preparation and mobilization 1 Lead Consultant- 1 x 50000 x 5 days 8 Thematic experts - 8 x 30000 x 5 days 10 Logistic team - 10 x 10000 x 5 days 1 Lead Consultant- 1 x 50000 x 10 days 8 Thematic experts - 8 x 30000 x 10 days 16 Experts - 16 x 25000 x 10 days 5 Technical Support team - 5 x 20000 x 10 days 3 Logistic team - 3 x 10000 x 10 days Accommodation 33 pax x 15000 x 10 days Logistics and travel - 33 x 2000 per day x 10 days Conference facilities 125 x 3 @ 3000/= Travelling refund 100 x 2000/= x 3 Logistics and Travel (Fuel, drivers, accommodation, Workshop preparation and mobilization 1 Lead Consultant- 1 x 50000 x 5 days 8 Thematic experts - 8 x 30000 x 5 days 10 Logistic team - 10 x 10000 x 5 days Output Activity Final plan Incorporating the comments into the draft plan Presentation of the Final Draft to the County Sector Heads Editing and designing Printing Cost Items Estimated Cost 1 Lead Consultant- 1 x 50000 x 5 days 8 Thematic experts - 8 x 30000 x 5 days 1 Lead Consultant- 1 x 50000 x 2 days 8 Thematic experts - 8 x 30000 x 2 days 16 Experts - 16 x 25000 x 2 days 5 Technical Support team - 5 x 20000 x 2 days Logistics and travel - 50 x 10000 per day x 1 day Project Administration Project Management Periodic field visit, follow up, field meetings, consultation Management with consultants, over sighting and allowances Preplanning Issuance of Notices for intent to plan Facilitation Utilities (stationery, communication, electricity, water, vehicle maintenance) equipment 4 Desktop Computers 4 Laptops 1 Printers 3 Vehicles (Insurance and maintenance) 2 Cameras 3 GPS Office space Rent (15000 x 18 months) Fuel Launching County One day public Launch Event Spatial Plan Consultants Professional Fee plus 16% VAT Contingencies 10% of Grand total GRAND TOTAL PRE-PLANNING TORs Desktop review Reconnaissance survey 10 days (fuel, allowances, stationaries) scoping 3 days Retreat Needs Assessment Consultations Drafting of the TORs Total The exemplar budget is based on a county with three sub counties. The consultant daily allowance is based on UN rates for consultant of comparable level • The sub county is taken as the ideal unit of stakeholder engagement References 1. Republic of Kenya (2010); The Kenya Constitution, 2010 2. Republic of Kenya (2012); County Governments Act, 2012 3. Republic of Kenya (2011); Urban Areas and Cities Act, 2011 4. Republic of Kenya (2012); Land Act 2012 5. Republic of Kenya (2012); Inter-governmental Relations Act, 2012 6. Republic of Kenya (2011); Commission on Revenue Allocation Act, 2011 7. Republic of Kenya (2012); National Land Commission Act, 2012 8. Republic of Kenya (2012); Land Registration Act, 2012 9. Republic of Kenya (2012); Public Finance Management Act 10. Republic of Kenya (2005); Public Procurement and Disposal Act, 2005 11. Republic of Kenya (2009); Sessional Paper Number 3 of 2009 on National Land Policy; 12. William Earle Cole (2006): Recent Trends in Rural Planning, Hard Press, Miami 13. Dino Boni, Abdul Khakee and CosimoLacirignole(1997): Evaluating Theory-Practice and Urban-Rural Interplay in Planning; Springer Science and Business Media 14. Randolph, John (2004): Environmental Land Use Planning and Management; Island Press; Washington, Covelo, London. 15. Joan Davidson and Gerald Wibberly: Planning and the Rural Environment: Pergamon Press, New York, Toronto 16. Technical Guidelines for Coastal Land use Planning (2002) -North Carolina Division of Coastal Management 17. Evan Richart and Sylvia Most: Comprehensive Planning: A Guidelines for Mane Communities IS. Edward J. Kaiser, David R. Godschalk and E. Stuart Chapin (1995); Urban Land Use Planning; University of Illinois Press; Urbana and Chicago 19. Ref. Appendix to information on consultant PPOA 2005 Supplement No.77. (MR/8448729) 15th January, 2016 THE KENYA GAZETTE GAZE! rE NOTICE No. 143 THE ENERGY REGULATORY COMMISSION SCHEDULE OF TARIFFS 2013 FOR ELECTRICITY TARIFFS, CHARGES, PRICES AND RATES FUEL COST CHARGE PURSUANT to clause 1 of Part III of the Schedule of Tariffs 2013, notice is given that all prices for electrical energy specified in Part II of the said Schedule will be liable to a fuel cost charge of plus 251 cents per kWh. for all meter readings taken in December, 2015. Information used to calculate the fuel cost charge. Power Station Fuel Price in November, 2015 KSh.1Kg. (Ci) Fuel Displacement Charge/ Fuel Charge November, 2015 KSh.lkWh. Variation from October, 2015 Prices Increasel(Decrease) Units in November, 2015 in kWh. (Gi) Kipevu I Diesel Plant 36.72 -5.02 8,269,000 Kipevu II Diesel Plant (Tsavo) 52.37 -0.32 2,971,500 Kipevu III Diesel Plant 42.69 -7.02 13,535,000 Embakasi GT 1 96.36 33.66 0 Embakasi GT 2 96.36 33.66 1,126 Rabai Diesel with steam turbine 35.27 -1.4 40,123,000 Iberafrica Diesel 53.89 0 565,820 Iberafrica Diesel-Additional Plant 53.66 -25.42 7587020 Thika Power Diesel Plant 82.53 -0.51 2,767,900 Thika Power Diesel Plant (with Steam Unit) 82.53 -0.51 1,513,300 Gulf Power 85.67 -0.53 2,439,674 Triumph Power 86.08 9.75 2,951,000 Mumias Sugar Company 3.47 -0.02 0 Olkaria IV Steam Charge 2.04 -0.02 93,783 619 Olkaria I Unit IV and V Steam Charge 2.04 -0.02 100316749 UETCL Import (Non-Commercial) 11.22 -0.07 3610618 UETCL Import (Commercial) 13.59 -0.08 2008832 UETCL Export (Non Commercial) 11.22 -0.07 -3272850 UETCL Export (Commercial) 11.1 -0.07 0 Emergency Power (Muhoroni 3) 83.42 -0.87 5,128,030 Garissa Diesel (KenGen) 93.05 5.86 448,014 Garissa Diesel (AGREKKO) 93.05 5.86 1,797,109 Lamu Diesel 89.39 -0.94 610,579 Lodwar Diesel (Thermal) 88.94 -0.46 602,146 Mandera Diesel (Thermal) 96.88 -1.81 678,763 Marsabit Diesel (Thermal) 91.06 -0.26 374,794 Wajir Diesel 90.75 1.88 754,324 Moyale Diesel (Thermal) 92.22 0 12,346 Mpeketoni 84.13 -1.07 162,858 Hola (Thermal) 84.59 -0.47 249,558 Merti (Thermal) 98.04 2.21 25,161 Habaswein (Thermal) 91.17 -0.71 63,612 Elwak (Thermal) 97.76 -9.11 63,526 Baragoi 119.13 0 20,111 Mfangano (Thermal) 141.68 0 45,626 Lokichogio 93.79 -12.55 99,521 Takaba (thermal) 98.39 0 24,338 Eldas 144.13 0 13,546 Rhamu 100.27 0 30,451 Laisamis 101.56 0 6,344 North Horr 143.76 0 7,026 Lokori 109.27 0 3,202 Total units generated and purchased including hydros, excluding exports in November, 2015 (G) = 795,012,079 kWh. JOSEPH NG'ANG'A, MR/8045763 Director-General. GAZE! IE NOTICE No. 144 THE ENERGY REGULATORY COMMISSION SCHEDULE OF TARIFFS 2013 FOR ELECTRICITY TARIFFS, CHARGES, PRICES AND RATES FOREIGN EXCHANGE FLUCTUATION ADJUSTMENT PURSUANT to clause 2 of Part III of the Schedule of Tariffs 2013, notice is given that all prices for Electrical Energy specified in Part II of the said Schedule will be liable to a foreign exchange fluctuation adjustment of plus 100 cents per kWh. for all meter readings taken in December, 2015. Information used to calculate the Adjustment: KenGen (FZ) KPLC (HZ) IPPs (IPPZ) Total (ZF+ZH+IPPZ) Exchange Gain/(Loss) 81,956,466.45 229,293,050.72 356,593,669.56 667,843,186.73 Total units generated and purchased excluding exports in November, 2015 (G) = 795,012,079 kWh. JOSEPH NG'ANG'A, MR/8045763 Director-General.