GAZETTE NOTICE NO. 2277

pursuant to the constitutional role of the Commission to monitor and have oversight responsibilities over land use planning throughout the country. These Guidelines are an invaluable tool for County Governments and other stakeholders on critical aspects of Urban Land Use Planning. I recommend them for use as a nexus between the National Land Commission as oversight authority over land use planning and the County Governments as planning authorities. PROF. MUHAMMAD A. SWAZURI, PHD, OGW Chairman National Land Commission and Associate Professor of Land Economics ACKNOWLEDGEMENT These guidelines provide a legitimate basis for engagement between County Governments and the National Land Commission with regard to monitoring and overseeing Urban Land Use Planning and specifically provide direction on: • the process of preparing, approving and implementing Urban Land Use Plans; • the expected outputs of the Urban land use planning process; • engendering public participation in the planning process; • procurement of planning services for preparing urban land use plans; • the required institutional framework for preparing and implementing Urban land use plans; • Indicative resources required for preparing the plans. I commend the efforts by the Land Use Planning Directorate team for the good work of undertaking rigorous research and broad-based consultation to realize these 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 K’onyango HSC., MA(Planning), BA(Geography & Sociology),MKIP –Deputy Director Land Use Planning; Ms. Alice Kaumba, Chief Land use planner, Ms. Naomi Kamau, MA (Urban and Regional Planning), BEd; Mr. Adelbert Moriango – Land Use Planning Assistant and GIS Expert; NLC; Mr. Joseph Malonza – Land Use Planning Assistant and Cartographer, NLC; Mrs. Caroline Otieno –Secretary, NLC. My sincere gratitude goes to the various stakeholders, including: planners from the counties, practicing planners from the private sector, the state agencies and the Planning Schools in the public universities for the invaluable comments that helped in improving the content of the guidelines. I believe that this goodwill shall be sustained and enhanced in applying the guidelines so that the country can realize globally competitive cities and urban areas. AZIZ TOM CHAVANGI Secretary/CEO National Land Commission PART I: INTRODUCTION 1.0 Preamble 1.1 Background Cities and Urban Areas play a crucial role as engines of development as well as centers of connectivity, creativity, innovation, and as service hubs for the surrounding areas. Kenya has experienced unprecedented urban growth. At independence the urban population was about 8%. This had grown to be about 40% by 2015. It is projected that by year 2030 at least half of the Kenyan population will be urbanized. The rapid rate of urbanization exerts increased pressure on authorities to meet the needs of growing urban populations. The major challenges facing urban areas include: inadequate infrastructure and services; poor and inadequate housing; environmental degradation; high rates of unemployment; and increasing prevalence of urban poverty and inequality. Despite these challenges, urban areas continue to play a critical role in national development and contribute about 70% of the Gross Domestic Product (GDP). It is in this light that the Constitution of Kenya 2010 at Article 184 entrenched the management of urban areas and cities in the Constitution. Further, the Constitution created 47 County Governments and assigned them the planning function (Schedule 4 Part II item 8 of the Constitution). As well, the monitoring and oversight role is assigned to the National Land Commission at Article 67(2) (h) thus creating a framework for separation of roles between the land use planning agencies and the oversight agency. 1.2 Purpose of the Guidelines These guidelines provide a lawful basis for engagement between the County Governments as planning authorities responsible for preparing, approving and implementing Urban Land Use Plans and the National Land Commission as a monitoring and oversight agency over land use planning. The guidelines seek to guide and systematize the practice of preparing and implementing Urban Land Use Plans in the country. 1.3 Objectives of the Guidelines The guidelines aim to— • provide an instrument for monitoring and oversight of urban land use planning in the country; • give guidance on the process of preparing, approving and implementing urban land use plans; • give direction on the format and standard of presenting urban land use plans; • elucidate on the process of public participation in urban land use planning; • guide the process of procuring planning services for preparing urban land use plans; • give direction on costing urban land use plans; and • Illuminate the process of urban land use plan implementation. 1.4 Process of Preparing the Guidelines The process of preparing the guidelines entailed: • Review of the constitution, relevant legislations and policies; • Review of relevant literature and desk top benchmarking of best practices; • Formulation of draft guidelines; • Stakeholders engagement and Validation; • Gazettement; • Publication; 1.5 Targeted Users of the Guidelines These guidelines target: County Executive; Urban Management Boards; County assemblies; National Land Commission; Ministries and State Departments, Learning institutions; Courts and arbitrators; Professionals in the Built Environment; Development Partners and Financiers. 1.6 Organization of the Guidelines The guidelines are presented in six Parts, namely: Part 1 - the background that states the purpose, objectives, process of preparing the guidelines and the targeted users as well as the reference frame; Part 2 – explains the process of preparing the City/Municipal and Urban Land Use Plans and stipulates the expected deliverables and the format of presenting the Urban Land Use Plans; Part 3 – enlightens on the appropriate framework for implementing Urban Land Use Plans; Part 4 – provides guidance on public participation; Part 5 –gives direction on funding and procuring planning services; Part 6 – contains the appendices of detailed aspects of the guidelines. 2.0 Context of Urban Land Use Planning in Kenya Figure 2.1: Land Use Planning Context 2.1 Constitutional Context Urban Land Use Plans are instruments to realize constitutional rights which include— • a clean and healthy environment, • environmental protection for the benefit of present and future generations • the highest attainable standard of health, • accessible adequate housing, • reasonable standards of sanitation; • Clean and safe water in adequate quantities (Article 43). Additionally, Urban Land Use Planning is a critical component for achieving the principles of Land Policy outlined in Article 60 of the Constitution. These are: • Equitable access to land; • Security of land rights; • Sustainable and productive management of land resources; • Transparent and cost effective administration of land; • Sound conservation and protection of ecologically sensitive areas; • Elimination of gender discrimination in law, customs and practices related to land and property in land; and • Encouragement of communities to settle land disputes through recognized local community initiatives that are consistent with the constitution. 10th March, 2017 THE KENYA GAZETTE Article 184, stipulates the need to make legislation to provide for governance and management of urban areas and cities. This has culminated in the Urban Areas and Cities Act Cap 275 that makes planning to be the foundation for governance of urban areas. Further, the Constitution created 47 County Governments and assigned them the planning function (Schedule 4 Part II item 8 of the Constitution). In addition, the monitoring and oversight role is assigned to the National Land Commission at Article 67(2) (h) thus creating a framework for clarity of roles between the planning agency and the oversight agency. 2.2 Policy Context The Sessional Paper Number 3 of 2009 on National Land Policy recommends the following: • 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; • 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; • Establishment of an effective framework for coordination of land use plans to ensure implementation of the planning proposals and regulations; • Provide an appropriate framework for preparation and implementation of national, regional and local area land use plans and ensure that the planning process is integrated, participatory and meets stakeholder needs; and • Facilitate appropriate institutional and technical capacity building initiatives for accelerating plan implementation at national, regional and local levels. 2.3 Kenya Vision 2030 Kenya Vision 2030 is the long-term development blueprint for the country that aspires for Kenya as “the globally competitive and prosperous country with a high quality of life by 2030.” It aims at transforming Kenya into “a newly industrializing, middle income country providing a high quality of life to all its citizens in a clean and secure environment”. Vision 2030 identified flagship projects for urbanization and housing to include: • Preparation and implementation of strategic development and investment plans in six metropolitan regions (Nairobi, Mombasa, Kisumu- Kakamega; Nakuru- Eldoret, Wajir-Garissa-Mandera, Kitui-Mwingi-Meru). Similar plans will also be developed for special border towns and all other municipalities; • Positioning the City of Nairobi as an all-round globally competitive city in business and in tourism, and provide a high quality of life to all its residents. Turn Nairobi into a 24-hour business city. • Preparation of a National Land-Use Plan in order to facilitate better urban planning; • Production of 200,000 housing units annually by 2012 through a mixture of initiatives in order to fill the huge housing gap in the country (e.g. build/enhance capacity in local authorities to provide serviced land; and/or to produce low-cost housing); • Establishing housing technology centers in each constituency to increase access to decent housing by promoting location-specific building materials and low-cost housing; • Approvals mechanism to fast-track approval of housing plans and reduce the time cost of construction; • Build capacity in Kenya’s urban planning departments: Planning departments will be established in all urban local authorities. Existing central government planners will be re-deployed to man the newly-established departments; this will alleviate the current shortage of urban planning capacity at both technical and managerial levels in most local authorities. Install user-friendly approval systems in local authorities; 2.4 Legal context The principal legislation guiding urban land use planning are the County Governments Act 2012 and the Urban Areas and Cities Act. Cap 275. Section 104(1-3) of the County Governments Act 2012 requires that “a county government shall plan for the county and no public funds shall be appropriated outside a planning framework” developed by the county executive committee and approved by the county assembly. The county planning framework shall “integrate economic, physical, social, environmental and spatial planning”. Further, the law stipulates that the county government shall designate county departments, cities and urban areas, sub-counties and wards as planning authorities and that County plans shall be binding on all sub-county units. Section 111(1) of the same law enumerates the types of plans expected in an urban area: • City or municipal land use plans; • City or municipal building and zoning plans; • City or urban area building and zoning plans; • Location of recreational areas and public facilities. The law further stipulates that “city or municipal plans shall be the instrument for development facilitation and development control” within the respective city or municipality. In addition, a city or municipal plan shall, within a particular city or municipality provide for: • functions and principles of land use and building plans; • location of various types of infrastructure within the city or municipality; • Development control in the city or municipality within the national housing and building code framework and that City or municipal land use and building plans shall be binding on all public entities and private citizens operating within the particular city or municipality. Section 36 (2) of the Urban Areas and Cities Act Cap 275 states that in addition to the objectives set out in sub-section: • An integrated urban or city development plan shall bind, guide and inform all planning development and decisions and ensure comprehensive inclusion of all functions; • A county government shall initiate an urban planning process for every settlement with a population of at least two thousand residents. The Urban Areas and Cities Act Cap 275 Section 37 stipulates that a city or urban area integrated development plan shall be aligned to the development plans and strategies of the county governments. 2.5 Global Best Practices and Concepts Urban Land Use Planning in Kenya should be informed by global best practices and aspirations in order to realize globally competitive urban places. These include: 2.5.1 Sustainable Development Goal 11; Sustainable Cities and Communities This goal aims at making Cities and Human Settlements inclusive, safe, resilient and sustainable. The targets under this goal are: • By 2030, ensure access for all to adequate, safe and affordable housing and basic services and upgrade slums; • By 2030, provide access to safe, affordable, accessible and sustainable transport systems for all, improving road safety, notably by expanding public transport, with special attention to the needs of those in vulnerable situations, women, children, persons with disabilities and older persons; • By 2030, enhance inclusive and sustainable urbanization and capacity for participatory, integrated and sustainable human settlement planning and management in all countries; • Strengthen efforts to protect and safeguard the world’s cultural and natural heritage; • By 2030, significantly reduce the number of deaths and the number of people affected and substantially decrease the direct economic losses relative to global gross domestic product caused by disasters, including water-related disasters, with a focus on protecting the poor and people in vulnerable situations; • By 2030, reduce the adverse per capita environmental impact of cities, including by paying special attention to air quality and municipal and other waste management; • By 2030, provide universal access to safe, inclusive and accessible, green and public spaces, in particular for women and children, older persons and persons with disabilities; • Support positive economic, social and environmental links between urban, peri-urban and rural areas by strengthening national and regional development planning; • By 2020, substantially increase the number of cities and human settlements adopting and implementing integrated policies and plans towards inclusion, resource efficiency, mitigation and adaptation to climate change, resilience to disasters, and develop and implement, in line with the Sendai Framework for Disaster Risk Reduction 2015-2030, holistic disaster risk management at all levels. 2.5.2 Smart Growth Principles • Promote mixed land use. • Take advantage of compact building design. • Create a range of housing opportunities and choices. • Create walkable neighborhoods. • Foster distinctive, attractive communities with a strong sense of place. • Preserve open space, farmland, natural beauty, and critical environmental areas. • Strengthen and direct development towards existing communities. Figure 2.1: Summary of Smart Growth Principles • Provide a variety of transportation choices, • Make development decisions predictable, fair, and cost effective, • Encourage community and stakeholder collaboration in development decisions. • Encourage urban-rural linkages and integrated territorial development. 2.6 Current Urban Planning Realities Urban Land Use Planning needs to take cognizance of current realities such as: • Rapid urbanization, inadequate land use planning, unsustainable production, poor environmental management, inappropriate ecosystem protection and management are commonplace and require appropriate policy responses; • Inadequate technical and institutional capacity at the County Level, inadequate human resource establishment in the national state department and ministries responsible for urban planning, absence of broad based consultation and the lack of an effective coordinating framework for preparation and implementation of the planning proposals and regulations; 10th March, 2017 THE KENYA GAZETTE • Development of land in urban and peri-urban areas has been characterized by: poor planning, rapid growth of human settlements and activities, unmitigated urban sprawl and inadequate provision of infrastructure. • Failure by County Governments to establish City/Municipal/town management boards/Committees • Low appreciation of planning by policy makers • Planning not prioritized at the county level evidenced by inadequate resource allocation for planning • Ineffective and inefficient means of acquiring land for urban development. 2.7 Principles of Planning and Development Facilitation Section 102 of the County Governments Act 2012 stipulates the principles of planning and development facilitation in a county to include: • Integrate national values in all processes and concepts; • Protect the right to self-fulfillment within the county communities and with responsibility to future generations; • Protect and integrate rights and interest of minorities and marginalized groups and communities; • Protect and develop natural resources in a manner that aligns national and county governments policies; • Align county financial and institutional resources to agreed policy objectives and programmes; • Engender effective resource mobilization for sustainable development; • Promote the pursuit of equity in resource allocation within the county; • Provide 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. Section 36 (1) of the Urban Areas and Cities Act Cap 275 states that every city and municipality established under the Act shall operate within an integrated development planning framework which shall: • Give effect to the development of urban areas and cities as required by this Act and any other written law; • Strive to achieve the objects of devolved government as set out in Article 174 of the Constitution; • Contribute to the protection and promotion of the fundamental rights and freedoms contained in Chapter Four of the Constitution and the progressive realization of the socio-economic rights; Be the basis for— • the preparation of environmental management plans; • the preparation of valuation rolls for property taxation; • provision of physical and social infrastructure and transportation; • preparation of annual strategic plans for a city or municipality; • disaster preparedness and response; • overall delivery of service including provision of water, electricity, health, telecommunications and solid waste management; and • the preparation of a geographic information system for a city or municipality; • Nurture and promote development of informal commercial activities in an orderly and sustainable manner; • Provide a framework for regulated urban agriculture; and • Be the basis for development control. PART II: PLAN PREPARATION • Process • Plan Presentation Format 3.0 Planning Process 3.1 Introduction This section outlines the approach and sequence of preparing urban land use plans. It also guides the format for presenting the plans. 3.2 Integrated Development Planning Framework Figure 3. 1 - Integrated Development Planning Framework Section 36(1) of the Urban Areas and Cities Act 2011Cap 275 obligates the county Governments to operate within the framework of integrated development planning and Section 104(2) of the County Governments Act 2012 requires that the county planning framework shall integrate economic, physical, social, environmental and spatial planning. Additionally, Section 111(2) of the County Governments Act 2012 provides that the city and municipal land use plans shall be the instrument for development facilitation and development control. 3.3 Steps in the Planning Process The steps in preparing urban land use plans are outlined in figure 3.2 Figure 3. 2 - Steps in Preparing City/Municipal/Urban Land Use Plans He steps are detailed in table 3 in terms of the stage, purpose and outputs. Table 3. 1- Stages, Purpose and Outputs of the Planning Process STAGE PURPOSE OUTPUT Preparatory Stage • Plan for the planning process • Budget and resource mobilization • Planning needs assessment • Build consensus for the process • Delimit the planning area • Mobilize planning team or identifying and engaging consultant team • Issuing notices on intention to prepare plan • Procurement of consultancy • Mobilization and awareness report (realization of consensus for the planning exercise); • Base-map for the planning area; • Preliminary fundamental planning issues summary; • Spatial profile of city/municipality/urban area • TORs, EOI, RFP • Work plan/road map of the planning process • Contract document • Award of tender • Inception report 1st Stakeholder Engagement • To create awareness on the initiation of the planning process and garner support for the process • To identify the critical planning concerns • To develop a preliminary vision and objectives for the plan • Consensus and support for the planning process • Report on fundamental planning issues that should be addressed by the plan • Preliminary vision and objectives for the City/Municipality/Urban Area • First Stakeholder Engagement Report Situation Analysis (A). Data Collection • To provide detailed thematic information for problem and opportunity identification and clarification to form a basis for realistic and implementable development strategies formulation. • Detailed thematic field surveys and studies along the following themes: • Geographic Structure – location and setting of City/Municipality/Urban Area within the national and Regional context; relief and drainage; climate; geology and soils; land Tenure, Land Ownership • Demographic Dynamics – composition; structure; migration patterns and other socio-cultural attributes • Structure of economic activities – industry, trade and commerce; agriculture • Settlement structure – housing, urbanization trends; hinterland linkages • Structure of services and infrastructure – education; health; water and sanitation; telecommunication; energy; public utilities; recreation 10th March, 2017 THE KENYA GAZETTE STAGE PURPOSE OUTPUT • Transportation structure – roads, railway, water and air transport; non-motorized transport • Environment • Topo-cadastral survey and mapping of City/Municipality/Urban Area and immediate environs • Governance and Institutional framework • Implementation, monitoring and evaluation framework (B). Data Analysis & Interpretation • To ensure that decisions will be based on: • peoples priority needs and problems • Knowledge on available and accessible resources. • Proper information and on a profound understanding of the dynamics influencing the development in the city/municipality/Urban Areas. • Gap analysis • Assessment of the existing level of development • Priority issues/problem statements • Understanding of the nature/dynamics/causes of these issues. • Knowledge of available resources and potentials (including a tentative overall financial frame. • Infrastructure and service and governance gaps • Appraisal of the past performance • Situation Analysis Report 2ndStakeholder Engagement • Presentation of Situation Analysis Report • Identification of gaps, clarifying, verifying and prioritizing issues to be addressed by the plan • Consensus building on the vision and objectives for development of the City/Municipality/Urban Area • Deliberating and agreeing on possible development scenarios for the City/Municipality/Urban Area • Validating the Situation Analysis Report • Clarified , negotiated and agreed vision for the City/Municipality/Urban Area • prioritized issues to be addressed by the plan • Validated Situation Analysis Report Plan Proposal/Strategy Formulation • To address the issues identified during data analysis and stakeholder engagement; • provide a basis for inter-sectoral engagement and • propose a preferred future spatial development framework for the City/Municipality/Urban Area • scenario building • Land Use Plan for City/Municipality/Urban Area and its Environs with the following components: • Vision (for the town) • Objectives • Concept Plan (Spatial concepts, concept plan, Modeling ) • Zoning Plan – indicating policies, and development standards • Strategic options and choice of strategy (for each issue) • Transport strategy • Local Economic Development Strategy • Housing strategy • Infrastructure and services development strategies • Environment protection and conservation strategy • Investment strategy • Subject Area detailed development plans (e.g. CBD Improvement plan and informal settlement up-grading strategy). • GIS Database for City/Municipality/Urban Area • Implementation strategy (City Management Framework) • Institutional framework • Implementation Plan • Monitoring and evaluation strategy • Draft City/Municipality/Urban Area Land Use Plan 3rdStakeholder Engagement • Notify the public of completion of the plan • Present the draft City/Municipal/Urban Area Land Use Plan to stakeholders for review, value addition, validation and adoption • Receive and record comments from stakeholders • Assess the comments for incorporation into the Final City/Municipal/Urban Area Land Use Plan • Consensus on proposals/strategies • Validated and adopted City/Municipal/Urban Area Land Use Plan Finalization of Plan City/Municipal/Urban Area Land Use Plan • Incorporate stakeholder concerns • Package the plan components to specified standards and format • written statement and maps • The soft copy of the plan in the prescribed format • Final City/Municipal/Urban Area Land Use Plan Approval • Give the City/Municipal/Urban Area Land Use Plan authenticity as a basis for development control and development facilitation • Approved City/Municipal/Urban Area Land Use Plan Implementation • Realize the plan objective • Improved livelihoods • Attainment of the purpose of the plan • Vibrant city economy • Efficient and effective city structure • Livable city • Expanded choice and quality housing • Quality living environments • Improved job opportunities in commerce and industry Figure 4. 2 - An Illustration of Thematic Maps 4.0 Format of Content and Outputs of the Urban Land Use Plans The process of preparing City/Municipal/Urban Land Use Plans should yield specific outputs/deliverables at different stages that are presented in clear formats. These are guided as follows: Figure 4. 1 - Deliverables of the Urban Land Use Planning Process 4.1 Inception Report This is the initial report prepared by the consultant to demonstrate their understanding and interpretation of the TORs/assignment. It should have the following components: • Background • Purpose • Terms of Reference(TORs) • Objectives • Methodology • Scope • Work plan • Budget 4.2 Situation Analysis report This is an appraisal of the planning area/City/Municipality/ Urban Area based on thorough and structured collection, compilation, description, analysis, and interpretation of data on the prevailing situation in the planning area. The data is 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. The report should have a written statement and thematic maps and diagrams along the following thematic areas: Physiography; Land ; Housing; Economy; Transport; Infrastructure and Services; Recreation and open space; Demographic Dynamics – composition; structure; migration patterns and other socio-cultural attributes; Structure of economic activities – industry, trade and commerce; agriculture; Settlement structure – housing, urbanization trends; hinterland linkages; Structure of services and infrastructure – education; health; water and sanitation; telecommunication; energy; public utilities; recreation; Transportation structure – roads, railway, water and air transport; non-motorized transport; Environment; Topo-cadastral survey and mapping of City/Municipality/Urban Area and immediate environs; Governance and institutional framework; and Implementation and monitoring and evaluation. (b) 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 Urban Areas, and can be illustrated in a number of maps in layers as described below: 10th March, 2017 THE KENYA GAZETTE 4.3 Draft City/Municipality/ Urban Area Land Use Plan The draft City/Municipal/Urban Area Plan should comprise a written statement consisting: a vision statement, objectives, situational analysis and synthesis, proposals and implementation strategy. This should also be accompanied by maps, illustrations, diagrams and graphics. The proposals should be in the form of policies, strategies, actions, measures including a spatial structure depicting the vision of the City/Municipal/Urban Area and prescribing land use zonation and land development standards. The Draft City/Municipal/Urban Area Plan should be presented in five parts which may include: 1. Introduction and Planning Context– this part shall consist of: background, terms of reference, vision statement, objectives, scope, principles, methodology and an outline of the contents, the location( local, national, regional), constitutional basis, policy and legal context, and global best practices. 2. Situation Analysis– analysis should be done along the following thematic areas: • Social Development- population and demographic characteristics, health, education, other social amenities and social cultural issues; • Land and Environment- land availability, land suitability, land carrying capacity, land tenure, physiographic features, land, water, soil and geology, environmental sensitive areas, disaster mitigation and climate change adaptation (resilience and green urban economy); • City/Municipal/Urban Area Economic Development- industry, commerce, trade, financial services, transport, and informal sector; • Housing - supply , demand and typologies; • Recreation and public open spaces; • Transportation-road network connectivity, quality, public transport, modals split non-motorized transport and, accessibility. • Infrastructure- water supply and sanitation, coverage and distribution, energy, communication, air and water transport; • Governance- institutions, finance, public participation, security, public order, justice and fairness. 3. Synthesis - summary of development issues, development scenarios/options, spatial concepts and concept plan 4. Plan Proposals–should comprise strategies, policies, actions and a spatial structure which leads to the actualization of the desired future state. 5. 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. 6. Monitoring and Evaluation framework- Monitoring and Evaluation is an internal mechanism to ensure implementation and realization of City/Municipal/Urban Area proposals and projects. It may be presented as an outline of processes and procedures of tracking the implementation of the City/Municipal/Urban of which is to ensure timely corrections and plan review. 7. Annexes- These are appendages of detailed information and include population statistics, key references, research tools, list of participants, schedules, maps, comments/suggestions and notices. 5.0 Presentation of Urban Land Use Plans 5.1 Introduction This section provides stipulations that should guide the drafting and presentation of Urban Land Use Plans. The aspects of the Plan guided include: Data Collection, Base map Preparation, Projection used, format and presentation of the final plan, Layout design and Packaging. 5.2 Base Map Preparation 5.2.1 Sources of data The sources of data for base map preparation include compilation of Geospatial data collected from existing documents, direct ground survey, digital photogrammetry and satellite imagery. 5.2.2 Content of Base map The plan is GIS based, therefore all plan layers must have their associated attribute information i.e. area, name and dimensions among others. It is recommended that the following layers form part of the base map information: Roads and their classification, Contours, Rivers, Buildings, Cadastral Boundaries (Parcels and their information i.e. owner, area, tenure, lease period, value, use etc.), current Land Use Zones, Railways, Rock outcrops/conservation areas , Water bodies (Dams etc.) Power Lines and Sewer lines where they exist. All these data should form part of what will go into the Geodatabase. This requires that a Geodatabase that has capability to store Geospatial aspects of the features in the Planning Area is designed. The Geodatabase must have the following features: ability to: store Geospatial information; be queried; be updated; create Visual maps which can be printed and ensure that security of the data is enhanced. 5.2.3 Scale of Base-Map The following scales should be used in preparing base-maps and urban land use plans: 1:500; 1:1,000; 1: 2,500; and 1:5,000. The choice of any of these scales should be guided by the level of detail the plan intends to portray. Any scale smaller than these, will not bring out the necessary details, but rather compromise legibility, and this should be avoided. 5.3 Presentation - Design and Specifications Urban Land Use Plans shall be presented neatly and legibly. To achieve this objective, the following design specifications, shall be adhered to. 5.3.1 Format Land use plans for Urban Areas, Municipalities and Cities shall be GIS based requiring land use information to be contained in a geodatabase that allows for ease of: storage, retrieval, querying and presentation. 5.3.2 Scale of the plan The following scales should be used in preparing urban land use plans: 1:500; 1:1,000; 1: 2,500; and 1:5,000. The choice of any of these scales should be guided by the level of detail the plan intends to portray. Any scale smaller than these, will not bring out the necessary details, but rather compromise legibility, and this should be avoided. Any urban Centre that may not be accommodated by scale 1:5,000 during printing, should be printed in multiple sheets which shall be referenced as sheet 1, 2, ----- etc. as may be necessary. 5.3.3 Plan Layout and Paper Size The Plan Layout may take either a Land Scape or a Portrait shape, depending on the orientation of the urban Centre. The Paper size of the Plan layout shall depend on the scale, and the available plotter machine. The Plan Layout shall have the larger portion of paper i.e. not less than 75% - displaying Plan details (drawing) and the remaining part, shall contain the legend information. 5.3.4 Planning Colours Urban Land Uses are classified into 10 broad uses, each requiring special planning considerations. These land uses are based on human activities that are broadly grouped into 10 categories: Residential, Industrial, Education, Recreation, Conservation, Public Purpose, Commercial, Public Utilities, Transportation and Agriculture. Each of these land use categories is assigned a colour code. Sub-codes can be created out of the main planning codes, to distinguish different category of usage within the same class of land use. Table 5.1 shows the recommended codes and colour scheme. Table 5. 1: Recommended Land Use Codes and Colours Code Zone Zone Reference Colour Shade 0 Residential High Density Brown Medium Density Low Density 1 Industrial Heavy Industrial Purple Light Industries 2 Educational Orange 3 Recreational Green 4 Public Purpose Yellow 5 Commercial Commercial Red Proposed 6 Public Utilities Blue 7 Transportation Grey Bus park, 8 Conservation 9 Agriculture Greenish 10 Water Bodies Bluish The following matrix indicate how to achieve various colour shades through combination of proportions (%) of Cyan, Magenta, Yellow, and Black (CMYK). Table 5. 2 -: Recommended combination of Colours (%) Code Zone Zone Reference Colour Cyan Magenta Yellow Black 0 Residential Low Density Brown 8 12 20 x Medium Density 10 20 30 x High Density 20 30 40 x 1 Industrial Heavy Industrial Purple 10 50 x x Light Industries 10 25 x x 2 Educational Orange x 20 50 x 3 Recreational Green 55 30 55 x 4 Public Purpose Yellow x x 15 x 5 Existing Reddish x 60 60 x Commercial Proposed x 40 40 x 6 Public Utilities Blue 80 60 x x 7 Transportation Grey x x x 20 Bus park, Pss, Garage 30 8 Conservation 20 x 20 x 9 Agriculture Greenish 15 x 25 x 10 Water Bodies Bluish 40 15 5 x Note: The Colour shade for Conservation in the matrix, is for land use associated with vegetation. For conservation areas associated with water features, it is recommended that shades of cyan combined with vegetation symbol is adopted. For other conservation areas, use the colour code for conservation with the special feature e.g. rock outcrops. 5.4 Layout Information The Layout information on a plan include: legend, location map, grid values, title, north arrow, scale, certificate of completion, planning authority details; and where possible, a table with development control regulations should be shown on the layout. 10th March, 2017 THE KENYA GAZETTE The layout should include the following information: • Certificate of completion signed by the County Director in charge of land use planning • Endorsement by the County Executive Committee Member in charge of land use planning • Approval by the County Assembly and Signed by the County Governor 5.4.1 Legend The legend should contain the following: (a) Explanation of Symbols used – should be listed in the following order; point features, line features, and areal features. The order shall always be, natural features (base elements), followed by the themes being mapped – in this case, land use categories. (b) Land Use Categories –should be shown according to planning codes. It is also recommended to create sub-codes out of the main planning codes e.g. residential may have low, medium and high densities codes - that will be displayed using shades of brown. (See proposed Colour matrix). Excerpt 5. 1 -- Prototype Legend (c) Summary of Land Uses – should be provided in a table within the plan, in terms of zonal numbers, number of plots, and area of each land use category - in terms of both acres and hectares. (See example in excerpt 5.2 below). Excerpt 5. 2: Summary Land Use Classification (Mahi Mahiu town) (d) Certificate of Completion: The Urban land use Plan Legend Design shall provide a space for the Certificate which shall bear the name and Signature of the County Director of Planning and date of completion of the plan (see Appendix 5 on design of completion certificate). The County/City Director in charge of land use planning, by signing the plan takes responsibility that the process, content and outputs of the plan have met the requirements of law, requisites defined by these guidelines and any other policy and standards applicable in land use planning. (e) Preparing Authority, Details • Urban Land use plans should have specifications on: Name of the County; Department preparing the Plan; the Certifying Authority (CECM); Approving Authority (Approval by the County Assembly and Signed by the County Governor) at the Lower section of the Legend . • The County Executive Committee Member in charge of land use planning shall endorse the City/Urban land use plan and take responsibility that the plan is aligned to the policies and strategies of the County Government. • Other information that should be included in this section include: Scale used; North Arrow; Date of Completion; Plan Reference Number (always unique to each Centre) and approval Number. 5.4.2 Grids Grids are very important for referencing features on the plan, and as such, it is recommended that all urban Land Use Plans Shall have a network of grids with values indicated along the neat line. This may take the form of full grid, or ticks indicated on the space between the neat line and the border line. 5.4.3 Location Map It is recommended that there be a location Plan at the top left corner of the plan to show the planning sites’ position in relation to abutting areas. 5.4.4 Development Control Regulations Table It is recommended that where space permit, Development Control Regulation Table shall be placed on the face of the plan for quick reference when required (See example in Excerpt 3 below). Excerpt 5. 3: Development Control Regulations 5.5 Plan Packaging for approval The final plan shall be presented in both soft copy and hard copy formats. 5.5.1 Soft copy In the softcopy format, the plan shall be presented in such a way that it can be accessed using a GIS software, whereby querying and analysis is possible. It should be noted that presenting the plan as PDF or JPEG format is NOT an option, since these formats don’t have querying nor analysis ability. 5.5.2 Hard copy In the hardcopy format, the final copies of the Plan Shall be packaged in the following manner: • The Urban Land use Plans shall be printed in Colour on coated white printing paper; • The Plans shall be printed to scales, recommended as per these guidelines; • Each Urban Land Use Plan shall have a minimum number of six copies (6) printed for submission for approval; • The Urban Land Use Plans Shall be well folded into A4/A3 size and in a manner that allows their efficient use (reading through and attached to the written document of the Plan). 10th March, 2017 THE KENYA GAZETTE PART III: PLAN IMPLEMENTATION 6.0 Implementation 6.1 Introduction Implementation of Urban Land Use Plans requires a multi-faceted approach, led by respective City/Municipal/Urban Area Boards with the cooperation and shared responsibility of the private sector and community stakeholders. A detailed Implementation Plan should be prepared following the adoption and approval of the City/Municipal/Urban Plan. This will include prioritized initiatives with defined timelines, resources, actors and responsibilities. The Implementation Plan should be the basis of the board’s Investment Plan, detailed Service Planning and Capital Works Program. The Urban Land Use Plan will be implemented through a range of programs and initiatives of the City/Municipal/Urban Board or Committee, including: 6.1.1 Resource Mobilization The board will use the implementation plan to requisition for resources from the county treasury. The plan will also be useful in sourcing for funds from donors and other partners. The plan and the implementation schedule will form a useful instrument to seek twinning partner cities who may offer assistance both in kind and in monetary form. The implementation plan may be shared with private investors where the board can give incentives to them to undertake specific programmes. While the Board may explore various funding options, the county should prioritize urban land use plan implementation and vote adequate funds. Implementation of the Urban Land Use Plan will require appropriate financial resources. A range of funding opportunities exist in addition to existing County budget: • National Government Funding Programs (including; capital works for public transport and social infrastructure, and for community housing). • Development Contributions – monies or works ‘in kind’ (for example: 5% open space contributions, contributions ‘in-lieu’ of car parking for sustainable transport initiatives, negotiated contributions towards streetscape improvements and community housing). • Special Rates Schemes / Special Charges (potentially for marketing / promotions and capital works projects). • Public-private partnerships on public/private owned land. (a) Key Partnerships Implementation of the City/Municipal/Urban Area Plan will require the board to work in partnership with other Stakeholders. (b) Monitoring and Review Monitoring of the strategic directions and initiatives outlined in the City/Municipal/Urban Area Plan is an essential part of the Implementation Program. 6.2 Institutional Framework Section 12 of the Urban Areas and Cities Act CAP 275 vests the management of cities and municipalities in the County Government to be administered on their behalf by a board to be established as per the provisions of sections 13 and 14 of the same act. Section 20(1) of the same act empowers the boards to perform several functions including formulating and implementing plans. Further, Section 21(1) and (2) of the act empowers the board to exercise its executive authority and implement and ensure that citizens are involved in the process. Additionally, section 33 of the Act provides that: • A board may, in consultation with the County Governor and with the approval of the County Assembly, enter into partnership with a utility company either within or outside the county or internationally for the provision of social infrastructural services. • For efficient service delivery, cities and municipalities may jointly provide cross-city and cross municipality services and may, in that regard jointly finance the services. • A board may, where it is of the opinion that a private sector entity is best able to provide a service, and with the approval of the county assembly, contract a private entity for purposes of delivering the services within its area of jurisdiction. • Where a board decides to contract a private entity for the delivery of services, it shall do so in accordance with the Public Procurement and Disposal Act. Other institutions involved in plan implementation include: National Government ministries and agencies, County Assembly, County Executive, National Land Commission, development partners, private investors, citizens and Non-governmental organizations. 6.3 Monitoring and Oversight The Board will undertake internal self-evaluation and monitoring while the County Assembly will exercise its oversight role in the urban area. The County Assembly while exercising this oversight role shall be bound by the principle set out in the Constitution Article 185 (3) and (4). It shall also adhere to the provisions of the County Governments Act Section 8 (1) (c-e). The National Land Commission shall exercise its constitutional mandate as in Article 67 (2) (h) to monitor and oversee the plan implementation in the urban area through receiving periodic reports from the board and conducting visits to verify the status. In overseeing the implementation of land use plan the Commission will seek to: (a) Protect the sovereignty of the people; (b) Secure the observance by all State organs of democratic values and principles; and (c) promote constitutionalism (Article 249 (1) (a-c)). 6.4 Activity Scheduling The plan proposals will require prioritization and sequencing while taking into account those programmes that must be implemented first to facilitate others. The scheduling of the activities will also take cognizance of the flow of financial resources. The sequencing may follow the following pattern: (a) Quick-wins These are projects/programmes to be achieved immediately, with high visibility and impact using minimal resources to trigger the confidence/trust of the executive in the eyes of the citizens and stakeholders.eg expansion/opening of roads, drainage, street lights, rehabilitation of markets, health facilities, schools among others. (b) Short term Activities These are projects/programmes to be achieved within a period of 1-2 years. (c) Medium term activities These are project/programmes to be achieved within a period of 3-5 years. (d) Long Term activities These are project/programmes to be achieved within a period of 5-10 years. (e) Catalyst Projects / Strategic City/Municipal/Urban Area Opportunities The City/Municipal/Urban Plan should include a number of key projects which are central to the delivery of the City/Municipal/Urban Plan and that will act as a catalyst for positive change in the City/Municipal/Urban Area. (f) Key Capital Works Projects Key projects to be achieved through Board’s/Committee Capital Works Program (g) Special Projects These are projects that are transcending the area of an urban/city/municipality boundary. 6.5 Availing Land for Actualizing Plan Proposals To ensure effective plan implementation, the following steps are recommended for delivery of land for provision of public facilities: • Identification of land affected by the plan proposals • Public education and awareness creation • Documentation which entails creating database with the following attributes: ownership, development status, use, acreage, location, encumbrance, value. • Valuation • Negotiation • Acquisition (Purchase, exchange, surrender, compulsory acquisition, lease among others) • Land amalgamation. • Land banking • Reclamation • Reservation and titling for public land 6.6 Regulation of Land Use/Development Control Monitoring the adherence to the plan is an essential component of implementation which the board must create units to undertake. To ensure effective development control in the urban area, the County Public Service shall create a city/municipal land use planning unit which shall be headed by a Director who shall be a registered Land use planner and a member of an association of planners’ in good standing. The unit should be supported by adequate modern equipment, reliable transport, appropriate office accommodation and continuous skills enhancement programmes. The unit shall consist of the following sections as a minimum: • Policy • Land Information • Enforcement 6.6.1 Policy section The policy section shall be headed by a registered land use planner and shall be responsible for the following: • Undertake internal monitoring and evaluation • Formulate county specific policies in land use planning • Coordinate the preparation and implementation of urban land use plans. • Preparation and implementation of action plans. • Preparation and implementation of building and zoning plans. • Liaise with other sectors in preparation of Integrated Urban Development Plan • Coordinate formulation of county specific land use laws and by-laws • Undertake research and development in land use matters 10th March, 2017 THE KENYA GAZETTE 6.6.2 Land Information Section The Land Information section shall be headed by a Cartographer with GIS skills and assisted by a planner with GIS expertise, Cartographic assistant and Survey assistant. This section shall perform the following function: • Liaise with other land sections (survey, land administration, valuation, land registration,). • Facilitate efficient and accurate access to land information. • Create and update a land information system. • Share real time information with other sections for effective dispute resolutions. 6.6.3 Enforcement section The enforcement section shall be headed by a planner. The other personnel shall include: Building inspectors, Planning assistant, Survey assistant and security personnel. This section shall be responsible for: • Receiving and processing development applications • Ensure adherence to the land use plans and any other regulations • Inspection of buildings • Site inspection • Building database on information generated from sites and buildings inspection. • Enforcement of planning conditions • Co-ordinate dispute resolutions. 7.0 Expected Development Outcomes The envisioned development outcomes of preparing and implementing urban areas, municipal and Cities Land Use Plans are a system of urban areas that are: internationally competitive, livable, functional, economically vibrant, environmentally resilient and socially inclusive. This vision is expressed through: 7.1 Functional Urban Transport ▪ Integrated urban transport; efficient, accessible and affordable public transport; Enhanced Mobility through Transit, Pedestrian and Bicycles Systems. Figure 7. 1: Impression of Integrated &Functional Transport System Figure 7. 2: Impression of Integrated Transport System Figure 7.3: Impression of well- planned Streetscape 7.2 Public Open Spaces and Quality Recreation Improved well- being and quality of life of the citizens; enhanced community and social interaction; aesthetic physical environment Figure 7. 3: Impression of quality public open and recreational spaces at city-wide scale Figure 7. 4: Impression of Quality Open Spaces at Residential Scale 10th March, 2017 THE KENYA GAZETTE Figure 7.5: Impression of good Recreational facility to be enjoyed by Citizens of Urban Areas 7.3 Quality Housing Well planned residential neighbourhoods; range of housing opportunities; livable communities; affordable housing Figure 7. 5: Impression of well planned residential neighborhoods & range of quality housing 7.4 Competitive Business Places Well designed, business and investor friendly commercial centers Figure 7. 6: Impression of competitive business place 7.5 Modern Industrial Parks Figure 7. 7: Impression of Modern Industrial Park 7.6 Contemporary Commercial Hubs; Center for Commerce, Culture and City Living 7.8 Impression of Contemporary Commercial Hub 7.9 Impression of Planned Business Parrk 10th March, 2017 THE KENYA GAZETTE 7.7 World Class Education Institutions Figure 7. 10: Impression of world class education institutions PART IV: PUBLIC PARTICIPATION 8.0 PUBLIC PARTICIPATION 8.1 Introduction Public participation is one of the national values and principles of governance stipulated in Article 10 of the Kenya Constitution 2010. Article 174(c) provides that one of the objects of devolution is to “give powers of self-governance to the people and enhance their participation in the exercise of the powers of the State and in making decisions affecting them”. Section 115(1)-(2) of the County Government Act 2012, stipulates that Public participation in the county planning processes shall be mandatory and be facilitated through: (a) Mechanisms provided for in Part VIII of the County Government Act; and (b) Provision to the public of clear and unambiguous information on any matter under consideration in the planning process, including— • Clear strategic environmental assessments; • Clear environmental impact assessment reports; • Expected development outcomes; and • Development options and their cost implications. The County Government Act also requires that each county assembly shall develop laws and regulations giving effect to the requirement for effective citizen participation in development planning and performance management within the county and such laws and guidelines shall adhere to minimum national requirements. Section 22 of the Urban Areas and Cities Act empowers residents of a city/town to make meaningful participation in the affairs of their area including the planning process. 8.2 Definition of Public Participation Public participation is the involvement of stakeholders in influencing outcomes of urban 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. 8.3 Principles of Public Participation Citizen participation in County Governments shall be based upon the following principles (County Governments Act 2012, Section 87) • timely access to information, data, documents, and other information relevant or related to policy formulation and implementation; • reasonable access to the process of formulating and implementing policies, laws, and regulations, including the approval of development proposals, projects and budgets, the granting of permits and the establishment of specific performance standards; • protection and promotion of the interest and rights of minorities, marginalized groups and communities and their access to relevant information; • legal standing to interested or affected persons, organizations, and where pertinent, communities, to appeal from or, review decisions, or redress grievances, with particular emphasis on persons and traditionally marginalized communities, including women, the youth, and disadvantaged communities; • reasonable balance in the roles and obligations of county governments and non-state actors in decision-making processes to promote shared responsibility and partnership, and to provide complementary authority and oversight; • promotion of public-private partnerships, such as joint committees, technical teams, and citizen commissions, to encourage direct dialogue and concerted action on sustainable development; and • Recognition and promotion of the reciprocal roles of non-state actors’ participation and governmental facilitation and oversight. 8.4 Why Public Participation? It aims to: • Create awareness and interest in City/Municipal/Urban Areas Land Use Plan 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. 8.5 Who should 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, women, 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. 8.6 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 urban area. 8.7 Stakeholder Identification For effective public participation, stakeholder identification should consider: • The immediate targeted users of the City/Municipal/Urban Areas Land Use Plan ; • The people who have a key stake in City/Municipal/Urban Areas Land Use Plan’s; 10th March, 2017 THE KENYA GAZETTE • People and institutions that need to be brought on board to support the City/Municipal/Urban Areas Land Use Plan process; • Inclusivity and prior information sharing • Collaborations, cooperation and networking • Those who Influence 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 • Persons with disability. • Minority and marginalized groups 8.8 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. 8.9 Levels of Engagement For the preparation of City/Municipal/Urban Areas Land Use Plan stakeholder engagement will be undertaken at three critical stages namely: inception stage, situational analysis and plan proposal. For the purpose of City/Municipal/Urban planning process, ward is the basic unit of stakeholder engagement. 8.9.1 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 City/Municipal/Urban Areas Land Use Plan • Notices informing the public of intention to prepare the City/Municipal/Urban Areas Land Use Plan and invite comments • First stakeholders meeting 8.9.2 Purpose of first Stakeholders Meeting • Create awareness • Build consensus among stakeholders on the need for the City/Municipal/Urban Areas Land Use Plan • Capture Stakeholder aspirations for the City/Municipal/Urban Areas Land Use Plan • 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 8.9.2.1 Output of First Stakeholders Meeting • Preliminary, vision and objectives • Opportunities, challenges and inherent trends in the urban area • Consensus and support on planning process. • Way forward in the planning process 8.9.3 Situational Analysis Stage 8.9.3.1 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 8.9.3 2 Output of Second Stakeholders Meeting The expected output at this stage includes a report comprising: • The existing spatial portrait of the City/Municipal/Urban Areas • Emerging trends from the spatial portrait to be addressed by the City/Municipal/Urban Areas Land Use Plan • A clarified and agreed spatial vision for the City/Municipal/Urban Area . • A clarified and agreed set of spatial objectives to address the identified issues and fit the vision 8.9.4 Plan Proposal Stage 8.9.4.1 Purpose of Third Stakeholders Meeting • Present the first draft City/Municipal/Urban Areas Land Use 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 City/Municipal/Urban Areas Land Use Plan • Deliberating and agreeing on the preferred development model 8.9.4.2 Output of third stakeholders meeting • Consensus for proposals • Validated draft City/Municipal/Urban Areas Land Use Plan 8.10 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. 8.11 Procedure of Meetings For Stakeholder meetings to effective they need to be properly conducted by: • Registration and distribution of material • Agreeing on Program for the meeting; • Climate setting and ice breaking; • Agreeing on the procedures of conducting meetings including language; • Validating 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. 8.11.1 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. 8.11.2 Recording Recording of proceedings at stakeholder forums is mandatory and fundamental. 8.11.2.1 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 • There is evidence of record of events. 8.11.2.2 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 8.12 Plan Implementation Stage Purposes of public participation during plan implementation stage are: • Popularize the City/Municipal/Urban Areas Land Use Plan (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 10th March, 2017 THE KENYA GAZETTE PART V: PROCUREMENT 9.0 Procurement of Planning Services 9.1 Introduction The County Government/Urban Board/Committee may engage the services of a planning firm or consortium to undertake the preparation of City/Municipal/Urban land use plan(s) guided by the Public Procurement and Disposal Act No. 33 of 2015. The County/City/Municipal Director responsible for Land Use Planning should prepare an annual departmental work plan, budget and procurement plan indicating the need to procure planning services for the City/Municipal/Urban land use plan(s). The Director should ensure that the proposal to procure planning services is captured in the City/Municipality and County annual work plan and procurement plan. 9.2 Methods of Procuring Planning Services Part IX and X of the Public Procurement and Disposal Act No. 33 of 2015 provides various methods of procurement. However, methods recommended for procuring land use planning services are; • Request for proposal • Design competition • Restricted tendering 9.2.1 Request for proposal The procedure of procuring land use planning services through Request for Proposal entails: • Prepare annual work plan and budget indicating activities, timelines, source of funds and monitoring mechanism to capture the urban areas where planning consultancy services is to be undertaken. • Prepare annual procurement plans for the department responsible for land use planning / City/Municipal Board indicating the approved budget and timelines. • Undertake a planning need assessment and prepare TORs which will be incorporated into EOI; • Prepare Expression of Interest (EOI) in line with Section 119(1&2) of the Public Procurement and Disposal Act, 2015. • The Chief officer responsible for land use planning/City/Municipal Manager/Town Administrator should advertise the notice inviting Expression of Interest in the dedicated government’s advertising tenders’ portal and in its own website, or in at least one daily newspaper of nation-wide circulation as per section 119(3) of Public Procurement and Disposal Act (PP&DA). • The Expression of Interest proposals shall be opened as per the provision of section 78 of Public Procurement and Disposal Act. • The Chief Officer responsible for land use planning shall form an ad hoc evaluation committee from within the members of staff, with the relevant expertise as per section 46 (1) and (4) of PP&DA 2015 to evaluate the EOI based on a predetermined Evaluation Criteria and record scores for each applicant. The evaluation must have regard to the provisions of statutory instruments issued by the relevant planners’ registration board on regulation of fees chargeable for services rendered. (Section 121 of PP&DA). • A minimum of six proposals shall be shortlisted, but where less than six proposals have been received, a minimum of three proposals shall be shortlisted (section 121 (3) of PP&DA). • The ad hoc committee shall submit the Evaluation result to the Chief Officer for review and approval. • The Chief Officer to notify in writing each tenderer of the results of the Expression of Interest. • The County/City/Municipal Director in charge of land use planning should prepare detailed Terms of Reference (TORs) as per section 117 of PP&DA and Request for Proposal (RFP) document. The RFP document should be prepared based on provisions of section 123(2) of PP&DA. • The Chief Officer should invite shortlisted consultants to collect RFP (sections 118(2) and 123(1) of PP&DA). • The RFP should request for submission of both technical and financial proposals at the same time, but in separate envelopes (section 124(3) of PP&DA). • The RFP shall be opened as per the provision of section 78 of Public Procurement and Disposal Act. • The ad hoc committee previously formed to evaluate the EOI shall evaluate the RFP based on Quality and Cost Based Selection (QCBS) method (section 124(1) of PP&DA)). • The ad hoc committee shall submit the Evaluation result to the Chief Officer for review and approval. 9.2.2 Design Competition The Chief Officer in charge of land use planning may use a design competition procedure to procure planning services as per provisions of sections 100 and 101 of PP&DA. It entails the following; • Prior to invitation for design proposals, the Chief Officer through the Director responsible for land use planning, should prepare tender documents and appoint an ad hoc evaluation committee as per section 46 of PP&DA and at least one independent lay assessor, and technical assessors recommended by the professional regulatory body governing land use planning. • Invite design proposals through a public advertisement containing: • The name and address of the County Government/ Urban Board/ Committee. • The tender number assigned to the procurement proceedings by the County Government/ Urban Board/ Committee. • Description of technical and functional needs • An explanation of where and when tenders shall be submitted and where and when the tenders will be opened; • A statement that those submitting tenders or their representatives may attend the opening of the design proposals; • A statement that a copyright or other intellectual property of the top three shall vest in the State. • The ad hoc evaluation committee to evaluate design proposals. • Award the best three assessed design schemes a predetermined honorarium prize as provided for in the internal policies of the County Government subject to the guidelines set out by the County or National Government or the Regulations to PP&DA. Note: In participating in design competitions, all bidders shall undertake to transfer all copyrights, intellectual property rights and patents relating to their designs to the procuring entity. Upon completion of the design competition, all the submitted design schemes shall become property of the procuring entity. The procuring entity shall select the design/combination of designs to implement. 9.2.3 Restricted Tendering Section 102 (2)(a) of PP &DA provides that restricted tendering method is applied when “ competition for contract, because of the complex or specialized nature of the goods, works or services is restricted to prequalified tenderers resulting from the procedure under Section 94 of PP&DA”. 9.2.3.1 Procedure for pre-qualification • The Chief officer in charge of land use planning may conduct a pre-qualification procedure as a basic procedure prior to adopting an alternative procurement method other than open tender for the purpose of identifying the best few qualified firms for the subject procurement (section 93. (1)). • The Chief Officer shall publish an invitation notice to candidates to submit applications to be pre-qualified (section 93 (3)). The invitation shall include: (a) the name, address and contact details of the procuring entity; (b) outline of the procurement requirement, including the nature and quantity of goods, works or services and the location and timetable for delivery or performance of the contract; (c) statement of the key requirements and criteria to pre-qualify; (d) instructions on obtaining the pre-qualification documents, including any price payable and the language of the documents; and (e) instructions on the location and deadline for submission of applications to pre-qualify; (f) applicable preferences and reservations or any conditions arising from the related policy; (g) declaration that it is open to bidders who meet the eligibility criteria; and (h) requirement that only bidders with capacity to perform can apply. The Chief |Officer shall promptly issue pre-qualification documents to all candidates who request them and shall maintain a record of all candidates to whom documents are issued (94. (1)). The pre-qualification document shall contain all the information specified in section 93 of the Act and any other information necessary for the potential candidates to prepare and submit applications to be pre-qualified. Such information shall include: (a) the name, address and contact details of the procuring entity; (b) details of the procurement requirements, including the nature and quantity of goods, works or services and the location and timetable for delivery or performance of the contract; (c) instructions on the preparation of applications to pre-qualify, including any standard forms to be submitted and the documentary evidence and information required from candidates; (d) instructions on the sealing, labelling and submission of applications to pre-qualify, including the location and deadline for submission; and (e) information on how applications will be evaluated. The Chief Officer shall promptly respond to all requests for any clarification relating to the pre-qualification document where such requests are received before the deadline for submission. Note: The chief officer shall allow the candidates at least fourteen days to prepare and submit their applications to be pre-qualified. The Chief Officer responsible for land use planning shall form an ad hoc evaluation committee from within the members of staff, with the relevant expertise as per section 46 (1) and (4) of PP&DA 2015 to evaluate the application for pre-qualification based on evaluation criteria in the prequalification documents. The ad hoc committee shall, in writing, record the results of its evaluation of applications for prequalification and shall state which candidates were found to be qualified and the reasons why any candidates were not qualified ( section 95 (1)). The record of results shall be submitted with recommendations of the ad hoc committee and the professional opinion of the head of procurement function to the Chief officer for approval. The County/City Board shall notify every candidate who submitted an application for pre-qualification but did not qualify (section 95 (4)). 9.2.3.2 Invitation, Opening and Evaluation of Tenders Prior to invitation for tenders, the Chief Officer through the Director responsible for land use planning, shall prepare tender documents and appoint an ad hoc evaluation committee as per section 46 of PP&DA and at least one independent lay assessor, and technical assessors recommended by the professional regulatory body governing land use planning. • The County/City Board shall invite pre-qualified tenderers to submit tenders (section 95(3)). • The tenders shall be opened as per the provision of section 78 of Public Procurement and Disposal Act. • The ad hoc committee previously formed to evaluate the applications for pre-qualification shall evaluate the tenders based on Quality and Cost Based Selection (QCBS) method (section 124(1) of PP&DA)). • The record of results shall be submitted with recommendations of the ad hoc committee and the professional opinion of the head of procurement function to the Chief officer for approval. 9.3 Contract Award and Signing Contract award and signing involves the following steps: • The Chief Officer in charge of Land Use planning notify the successful consultant of tender acceptance. • The Chief Officer notify all the other bidders in writing that their tenders were not successful, disclosing the successful tenderer as appropriate and reasons thereof. • The successful bidder accept award of tender in writing within the time frame specified the notification of award. • Contract negotiation • Contract signing by the Chief Officer and the firm’s Director who must be a registered and practicing planner 10th March, 2017 THE KENYA GAZETTE 9.4 Contract Administration The Chief Officer or his or her appointed representative shall be the contract Administrator (section 150 (1)). Land use planning being a specialized service, the chief officer shall appoint a contract implementation team as per the provision of section 151 of the PP&DA, which shall include members from: • the relevant technical department –a land use planner (who shall be the team leader) • the requisitioner, • member of procurement function, • a consultant where the county/City Board has inadequate capacity to administer the contract. Note: The Chief Officer may co-opt a member of the contract implementation team from another procuring entity or outsource (section 151(3) of PP&DA). The contract implementation team shall be responsible for: (a) monitoring the performance of the contractor, to ensure that all delivery or performance obligations are met or appropriate action taken by the County/Board in the event of obligations not being met; (b) ensure that the contractor submits all required documentation as specified in the tendering , the contract and as required by law; (c) ensure that the County/Board meets all its payment and other obligations on time and in accordance with the contract. (d) ensure that there is right quality and within the time frame, where required; (e) review any contract variation requests and make recommendations to the respective tender awarding authority for considerations and such reviews for variation shall be clearly justified by the land use planning department in writing backed by supporting evidence and submitted to the head of the procurement function for processing; (f) manage handover or acceptance procedures as prescribed; (g) make recommendations for contract termination, where appropriate; (h) ensure that the contract is complete, prior to closing the contract file including all handover procedures, transfers of title if need be and that the final retention payment has been made; (i) ensure that all contract administration records are complete, up to date, filed and archived as required; and (j) ensure that the contractor acts in accordance with the provisions of the contract; (k) ensure discharge of performance guarantee where required. 9.5 Contract Conclusion The chief officer in charge of land use planning shall close out a procurement contract immediately after completion (section 154 (b) of PP&DA). The close out shall involve the following: • Submission of all data, reports, and equipment in the acceptable form/format/condition to the client by the consultant. • The County/City/Municipal Director in charge of land use planning shall issue a certificate to the Chief Officer confirming the quality, content and outputs of the plan meets the required standards and Terms of Reference. • Close contract file. 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. Kenya, Republic of (2015): Public Procurement and Asset Disposal Act. 13. The Role of Urban Areas in Regional Development – European and Nordic perspectives Proceedings of the Nordic Working Group on Cities and Regions NORDREGIO WORKING PAPER 2006:4; Nordregio Working Paper 2006:4 ISSN 1403-2511; Stockholm, Sweden; www.nordregio.se 14. The Global Urban Economic Dialogue Series; The Economic Role of Cities First published in Nairobi in 2011 by UN-HABITAT. Copyright © United Nations Human Settlements Programme 2011 15. Edward J. Kaiser, David R. Godschalk and E. Stuart Chapin (1995); Urban Land Use Planning; University of Illinois Press; Urbana and Chicago 16. Shi Nan and Chris Gossop (2012): Fast Forward: City Planning in a Hyper Dynamic Age; ISOCARP; Perm. Appendices Annex 3.1: Urban Land Use Planning Process, Timelines (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 - Carrying out Needs assessment - Reconnaissance survey - Consultative meetings with client - Determining data needs - Issuing Notices - Identifying key stakeholders 1st- 2nd week. -reconnaissance report -consultative meetings -Needs assessment report -work plan & budgets -Planning intention notice Inception Report Step Activity Time Frame Milestones Deliverables 2. Visioning and Setting of Objectives - Engaging Stakeholders - Defining the overall framework for the plan - Defining Key values to drive the 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 4rd Week -Vision -Objectives Agreed Vision 3. Establishing of GIS Lab, Data Collection & Mapping - 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 -Start 5th Week -End 20th Week - Resource Inventory - GIS Lab - Trained County Staff - Training Guidelines - Data Inventory - Digital Maps - GIS Lab 4. Situational Analysis - Processing Data - Analyzing Data - Interpreting Data - Spatial Analysis 21st Week – 25th Week - Baseline/Situation Report - Analytical Maps - GIS Database - Base-map - Thematic Maps - Synthesis and summary of Emerging Development Issues 5. Developing Scenarios (Modeling) - Developing Spatial concepts - Analyzing Trends - Formulating Alternatives - Engaging Stakeholders - Building different scenarios 26th Week - 28th Week - Stakeholder Meeting - Scenarios Report - Preferred Scenario Plan 6. Formulating Plan Proposals - Developing Strategies, Policies and Measures and Development Standards - Developing a desired Spatial Structure - Preparing City/Municipal/Urban Land Use Plan 29th Week – 37th Week - Strategies - Policies - Measures - City/Municipal/Urban Spatial Structure - Proposed Land uses - Draft City/Municipal/ Urban Land Use Plan 7. Presenting & Publishing City/Municipal/U rban Land Use Plan - Engaging Stakeholder - Issuing Notice of Completion - Incorporating Comments 38th Week - 50th Week - Stakeholder meetings - Notice of Completion - Publicized Draft City/Municipal/ Urban Land Use Plan 8. Approving the City/Municipal/U rban Land Use Plan - Finalizing Draft City/Municipal/Urban Land Use Plan Presenting City/Municipal/Urban Land Use Plan to CA by CEC two weeks after completion 51st Week – 52nd Week - Approved City/Municipal/ Urban Land Use Plan 9. Launching the approved ULU Plan - Launching City/Municipal/Urban Land Use Plan by Governor 52nd Week - Approved City/Municipal/ Urban Land Use Plan Annex 3.2: Monitoring Checklist Stage Sub-Stage Issue Reference Legality Legislation policies a) Authorization Justification Plan proposal, needs assessment, TORs c) Public participation Representation, Effectiveness Minutes, Attendance List d) Resource Mobilization Financing, Equipment, Human Resource Approved Allocation, Equipment Inventory, Staff Establishment, Skills Assessment Record Preliminary/ Preparatory e) Procurement of Planning Services Compliance with the laws, procedures Human Resource Public Procurement and Disposal Act, Public Finance Management Regulations, Procurement Plan, TORs a) Reconnaissance Interpretation of the TORs TOR b) Base Map Preparation Comprehensiveness of the base map ULP guidelines, Check List, GIS standards c) 1st Stakeholders Consultation (Visioning and Objective Setting) Stakeholder Analysis, Inclusiveness, Mode of Engagement Stakeholder Analysis Framework, Check List, ULP Guidelines d) Data collection Relevance, Accuracy, Adequacy, Up-to-date Data Checklist and Inception Report, ULP guidelines e) Data Analysis Methods, Relevance, clarity of outcomes, presentation techniques Urban Land use Planning (ULP) guidelines Planning f) 2nd Stakeholders Stakeholder Analysis, Stakeholder Analysis Framework, Check List, ULP 10th March, 2017 THE KENYA GAZETTE Stage Sub-Stage Issue Reference Consultation g) (Feasibility and Situation Analysis Report) Inclusivity, Mode of Engagement, Documentation of Stakeholder Contribution (comments) guidelines h) Formulation of Proposals Method, Relevance, Adequacy, Efficacy, Conformity to National Values and Principles ULP guidelines, Objectives, Vision Statement, TORs, Constitution Kenya 2010, Land Policy, stakeholder concerns i) Draft Plan Design Completeness, Design Standards, Interpretation of development issues ULP guidelines, best practices, CIDP, Sectoral Plans j) 3rd Stakeholders Consultation (Validation) Stakeholder Analysis, Inclusivity, Mode of Engagement Stakeholder Analysis Framework, Check List, ULP Guidelines k) Publication Public Notice, Publication According to the law, Circulation, County Gazette, Proof of Incorporation of comments, Legislations, Summary of Correspondences for the plan from Stakeholders, l) Approval Adherence to law, Timeliness Plan Approval Brief, and CEC, Land Use Planning Legislation. Implementation 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 Approved Plan, Implementation plan, Lower Level Plans, related budgets Review Relevance of Vision and Objectives, Adequacy of finances, Emerging Issues not Anticipated, Practicability of Implementation, Authorization Approved plan, budgetary allocation, Monthly progress reports from Implementers, budgetary allocation and appropriation, Land Use Planning Legislation Annex 4.1: Collection of Geospatial Data Geospatial Data can be sourced from the following: (a) Aerial Photography This method can be adopted to provide spatial data, if existing survey records don’t reflect the true picture on the ground. In that case then, the Aerial Photographs of the Centre can be procured from leading vendors who have the capability to fly the area. (b) Satellite Imagery A satellite image is an image of the whole or part of the earth taken using artificial satellites. These images have a variety of uses, including: cartography, military intelligence and meteorology. There are many vendors who sell these images. It is recommended to procure images with high resolution of at least 1 meter that will be able to portray ground features the way they are. (c) Existing Plans Many centers have existing survey record plans that can be used as a source of geospatial data. The once that may be accurate for plan preparation, are cadastral survey plans. A cadastral survey plan is basically a property boundary survey. They are primarily carried out for legal purposes so as to accurately establish land ownership boundaries and usage. Such data can be procured, and spatial data extracted through scanning and digitization. The attribute data may be sourced from land administration department, to be integrated with the spatial data. (d) Ground Survey Surveying is the measurement of dimensional relationships, as of horizontal distances, elevations, directions, and angles, on the earth's surface; especially for use in locating property boundaries, construction layout, and mapmaking. This is the most accurate way of capturing spatial data of a Centre. It can be used in conjunction with other methods in acquiring spatial data. 1.2 Plan Projection According to ITC (2009), a map projection is a mathematically described technique of how to represent the Earth’s curved surface on a flat map. To represent parts of the surface of the Earth on a flat paper map or on a computer screen, the curved horizontal reference surface must be mapped onto the 2D mapping plane. A Plan Projection helps in positioning the urban Centre in relation to its actual location on the surface of the earth. In GIS, there are many projections used depending on different aspects. For purposes of uniformity, it is recommend that all Urban Land use Plans, be prepared using the following: - UTM projection; Datum: Arc 1960; Spheroid: WGS 84; Units of measurement: Meters. Annex 4.2: Plan Certification, Preparing Authority and Approval Details (a). Certificate of Completion (b). Preparing Authority Details Note: City/Municipal/Urban area name – refers to the name of the Urban Centre the plan covers. County Government name – should appear on the plan since some towns share a name but exist in different counties e.g. Bura Town in Taita Taveta & Bura Town in Tana River. Annex 9.1: Human Resource Requirement for Plan Preparation • PROFESSION CATEGORY • Town/Urban Planner/Land Use Planner • Urban designer • Architect • Sociologist • Statistician • Economist • Civil Engineer/Infrastructure Planner • Surveyor • Urban Environmentalist • GIS Specialist • Draftsman Appendix 9.2: Proposal Evaluation Criteria Criteria, sub-criteria, and point system for the evaluation of Full Technical Proposals are: Points (i) Specific experience of the Consultants relevant to the assignment: [10] (ii) Adequacy of the proposed methodology and work plan in responding to the Terms of Reference: a) Technical approach and methodology [20] b) Work plan [5] c) Organization and staffing [5] Total points for criterion (ii): [30] (iii) Key professional staff qualifications and competence for the assignment: a) Team Leader – Project Director [20 points] • At least Master degree in Urban and Regional Planning • Be registered with the Physical Planners Registration Board. • Hold a valid practicing license • Be in good standing with relevant professional association • At least ten (10) years relevant professional experience in urban planning b) Project Planner [10points] • At least Master degree in urban and Regional Planning • Be registered by the relevant Planners’ Registration Board • Be in good standing with relevant professional association • At least seven (7) years professional experience in urban planning including policies, systems and implementation of the same c) Project Surveyor (5 points) • A Licensed and Practising Land Surveyor; licensed with Institute of Surveyors of Kenya • A degree in Land Surveying and photogrammetry with at least Ten(10) years relevant experience in • Must be registered by a relevant professional body d) GIS Expert (5 points] • At least a Diploma in GIS or equivalent with at least five (5) years relevant experience in digital mapping, GIS and Land Information System, 10th March, 2017 THE KENYA GAZETTE e) Civil Engineer (5 points) • A degree in Civil Engineering Minimum 7 years practical experience in urban infrastructure planning and development. f) Environmental Experts [5 points] • A Degree in Environment Planning or equivalent • Minimum 5 years practical experience in an urban field and be registered by a recognized by Environmental Authority. (f) Sociologist [5 points] • A Degree in Sociology with experience in community development • Minimum 5 years practical experience. h) Architect (5 points) • A Licensed and Practising Architect; • A degree in Architecture with at least five (5) years relevant experience • be a member of a relevant professional body Total points for criterion (iii): [60] The number of points to be assigned to each of the above positions or disciplines shall be determined considering the following three sub criteria and relevant percentage weights: 1) General qualifications [30%] 2) Adequacy for the assignment [60%] 3) Experience in similar assignments in Kenya [10%] Total weight: 100% The minimum technical score (St) required to pass is: 70 Points The single currency for price conversions is: Kenya Shillings The source of official selling rates is: Central Bank of Kenya The date of exchange rates is: The Date Of Technical Proposal Submission. The formula for determining the financial scores is the following: Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the price of the proposal under consideration. The weights given to the Technical and Financial Proposals are: T = 0.8, and F = 0.2 Appendix 9.3: Indicative Costing of Urban Land Use Plans INDICATIVE BUDGET FOR CITY/MUNICIPAL/URBAN LAND USE PLAN Activity Cost Items Estimated Cost 1. Pre - planning phase Desktop review-familiarize with planning area, review of policies, existing plans sourcing of base information-acquisition of maps, reproduction of policy documents Reconnaissance survey field visits and surveys-5 days (fuel, allowances, stationaries, reproduction of maps) scoping Planning Needs Assessment 3 days’ work session for technical team- analyze and synthesize information from desktop review and reconnaissance, prepare a report Consultations Consultative workshop, visits and seminars(MCAs, relevant County Assembly Committee members, CECs, sector heads, non-state actors) Drafting of the TORs 3 days’ work session to draft TORs Initiating procurement process notice of intention to plan, EOI, RFP Proposal evaluation and contract award 5 days’ work session Sub-total 2.Planning Phase 5 Days @ 50,000 x 3 Pax ( key consultants) Baseline review -familiarize with planning area, review of policies, existing plans Purchase RIMs, PIDs, existing development plans, topo cadastral maps Consultative meetings with client 10 Pax@ 15,000 one day hotel and conference (Consultant and venue hiring- Optional) Work session to interpret TORs and clarify methodology 10 Pax@ 15,000 one day hotel and conference (Consultant and venue hiring)@ 5days Initial rapid appraisal of planning area 15 pax@ 15,000 per day ( to cover cost of Consultant team and venue hiring) for 5 days validate methodology, data needs assessment, determining and develop data collection tools & identifying key stakeholders 15 pax@ 15,000 (to cover cost of Consultant team and venue hiring) for 5days prepare a profile of the planning area 8 pax@ 10,000 (to cover cost of Consultant team) for 5 days Preparation of inception report 8 pax@ 10,000 ( to cover costs of Consultant team )@ 5days sub-total 1st Stakeholder Workshop Conference facilities for 100 people @ 5000/= Accommodation 14 pax x 15000 x 5 days Travelling refund for stakeholders 100 x 500 Logistics &Travel for consultant team (Fuel, drivers, accommodation, workshop materials) Activity Cost Items Estimated Cost Workshop preparation and mobilization expert fees - 9 x 30,000 x 5 days 1 Lead Consultant- 1 x 50,000 x 5 days Sub-Total Acquiring aerial photograph@ Kshs.55,000@km2@292km2(VAT Exclusive) /satellite image Acquiring Existing topo-cadastral maps@1,000@2 Acquiring Existing RIMs/Survey plans/PIDs@ 1000@ 34 Existing development plans@ 2,000 per plan@2 No. Spatial Data collection and Digital Mapping Sub-total 1 Surveyor - 1 x 30000 x 20 days 2 Assistants - 2 x 15000 x 20 days 2 Drivers - 10000 x 20 days x 2days 4 Casuals -4 x 1000 per day x20 days Establishing Ground Control Materials for control markings Scanning, digitization, editing and attributes entry @5000 per day@ 5 GIS assistants @ 20 days Processing spatial Data Logistics and travel for ground truthing- 5000 per vehicle per day x20 days Preparation of Base-Map Compilation of the spatial data - 30000 x 20 days Sub-total 9 thematic experts- 9 x 30,000 x 10 18 research Assistants -18 x 10,000 x 10 days Logistics and travel - 2000 per day x 10 days x 27 Socio-Economic Data Collection Accommodation - 27 x 5000 per day x 10 days 18 research Assistants -18 x 10,000 x 10 days 9 thematic experts-9 x30,000 x 10 days logistic and travel- 2000 x 27 x 10 Primary Data Collection(along 9 thematic areas) Accommodation - 27 x 5000 per day x 10 days 1 Lead Consultant- 1 x 50000 x 10 days 9 Thematic experts - 9 x 30000 x 10 days 9 research Assistants -9 x 10,000 x 10 days 1 Statistician - 1 x 30000 x 10 days secretariat - 10000 x 10 days venue hire- 3000 per day x 21 persons x 10 days Accommodation 21 pax x 5000 x 10 days Undertake Analysis and Interpretation Sub-total 2nd Stakeholder Workshop Conference facilities for 100 people @ 5000/= Accommodation 14 pax x 15000 x 5 days Travelling refund for stakeholders 100 x 500 Logistics &Travel for consultant team (Fuel, drivers, accommodation, workshop materials) Workshop preparation and mobilization expert fees - 9 x 30,000 x 5 days 1 Lead Consultant- 1 x 50,000 x 5 days Sub-total 1 Lead Consultant- 1 x 50000 x 7 days 9 Thematic experts - 9 x 30000 x 7 days 3 Planners - 3 x 25000 x7 days 3 Technical Support team - 3 x 20000 x 7 days secretariat 2 x 10000 x 7 days Accommodation and venue hire 18 pax x 15000 x 7days preparation and reproduction of planning materials Logistics and Travel Formulating Draft Plan Sub-total 3rd stakeholder Workshop Conference facilities for 100 people @ 5000/= Accommodation 14 pax x 15000 x 5 days Travelling refund for stakeholders 100 x 500 Logistics &Travel for consultant team (Fuel, drivers, accommodation, workshop materials) Workshop preparation and mobilization expert fees - 9 x 30,000 x 5 days 1 Lead Consultant- 1 x 50,000 x 5 days Sub-total 1 Lead Consultant- 1 x 50000 x 5 days 3 planners- 3 x 25,000 x 5 3 technical assistants -3 x20,000 x 5 Incorporating the comments into the draft plan 9 Thematic experts - 9x 30000 x 5 days 1 Lead Consultant- 1 x 50000 x 2 days 9 Thematic experts - 9 x 30000 x 2 days 3 planners - 3 x 25000 x 2 days 3Technical Support team - 3 x 20000 x 2 days venue hire - 65 persons x 3000 x 1 day Presentation of the Final plan to the County Sector Heads/ city/urban management Board Logistics and travel - 15 x 10000 per day x 1 day sub-Total Editing and packaging content and copy editing, packaging and design Developing SEA report/Chapter lead expert Approval by NEMA 0.1% of the total cost of the project 10th March, 2017 THE KENYA GAZETTE Activity Cost Items Estimated Cost Printing 100 No. Final Plan Sub-Total Periodic field visit, follow up, field meetings, consultation with consultants, monitoring ,oversight and allowances Issuance of notices(newspaper supplement) Facilitation -Utilities (stationery, communication, electricity, water, vehicle maintenance) Purchase 1 Vehicle (Insurance and maintenance) Fuel for local running 3.Project administration Sub-Total Tabling of plan to CA and assent by County Governor 20 copies of plan( depending on Number of MCAs) and clerks Launching the plan pre-launch activities -posters, banners, fun fair, talk shows, Exhibitions Sub-total Establishment of GIS Lab Hardware; (4 computers) @150,000 Computer Server Software (ArcGIS) 2-3 licenses 42 inch Plotter 42 inch Scanner Expert; Training; Networking ( Cabling) Ensuring data security Data Security-room, cabinets, backups and data encryption Sub-total Total Consultants Professional Fee plus 16% VAT sundry Administrative cost 10% and establishment of Land Information System GRAND TOTAL Note: The cost are based on an Estimate for Nakuru Municipality covering an area of 292 Sq.KM in the Year 2016