GAZETTE NOTICE NO. 238

IT IS notified for the general information that, pursuant to section 22 of the Water Act, 2016, the Water Resources Authority, in consultation with relevant institutions and stakeholders, has prescribed the Management Plan set out in the Schedule in respect of the Kajulu Hills Catchment. SCHEDULE KAJULU HILLS CATCHMENT MANAGEMENT PLAN PART I—PREAMBLE Citation 1. This Plan may be cited as the Kajulu Hills Catchment Management Plan. Interpretation No. 43 of 2016. 2. In this Plan, unless the context otherwise requires — "Act" means the Waters Act, 2016; "Authority" means the Waters Resources Authority established in accordance with the Act; "Plan" means the Kajulu Hills Catchment Management Plan; "catchment area" means the land from which water naturally flows into a water course. Application of the Plan 3. This Plan shall apply in respect to the management and use of the Kajulu Hills Catchment Protected Area. Objective 4. The objectives of this Plan shall be to — (a) enhance implementation of existing regulations to protect the rights of all users; (b) promote water, use efficiency that is hydrologically and economically beneficial to domestic, agricultural, and industrial water users and the environment; (c) identify funding sources to implement water conservation programs that help to enhance water resources; (d) ensure sustainable management and use of water resources within the sub catchment while promoting equitable sharing of water resources; and (e) ensure the conservation of the catchment areas to improve on the"water quantity and quality. Kajulu Hills Catchment 5. (1) The Kajulu Hills is a water catchment within the Northern Shoreline ofiake Victoria Basin Area that comprises of — (a) the River Awach Kajulu (Nyangori); and (b) the River Awach Kibos. (2) The rivers specified in sub-paragraph (1) confluence to form Nyamasaria River which drains into Lake Victoria at the Winam Gulf through Kisumu City. Location and size of the Protected Area. (L. N.235 af 2021) 6. (1) The protected area is spread within Wathorego and Kadero sub-locations of West Kajulu and East Kajulu locations of Kisumu County. (2) Themrotected area is located 9 km to the east of Kisumu City. The sub catchment covers an area of 5.5 km2 and is within the 1HA- sub basin of Lake Victoria South Basin Area. Watershed Area 7. (1) The Kajulu hills is partly fed by rainfall, sub-surface flow and occasionally receives water from Lake Victoria South River during flood flows. (2) The area of the hills that contributes surface run-off into the rivers has been delineated through the use of a GIS, software. (3) The area measures 5.5 square kilometres out of the 858 km2 catchment area of the whole 1HA sub basin as contained in Form 1 of the Annex to this Schedule. Criteria Adopted in Identifying Kajulu Hills for Awiection (L.N. 170 of 2021). 8. The Authority has taken into account the considerations provided under the Seventh Schedule of the 'Water Resources Regulations, 2021. PART II—PROCEDURES TO BE APPLIED FOR THE MANAGEMENT OF THE KAJULU HILLS CATCHMENT PROTECTED AREA Physiography 9. (1) The Kajulu Hills constitutes the raised area to the east of Kisumu City, rising approximately 1431 m.a.s.1 from the elevation of 1156 m.a.s.l around Kisumu City, a distance of 9 kilometres from the city. (2) The slope ranges from a low of 0.2% near the City but increasing to 5.7% near the hills, and giving an average slope of 1.7% between the city and the top of the hill. Climate 10. (1) The climate around Kajulu Hills area is tropical with significant amount of rainfall during the year. (2) The climate specified in sub-paragraph (1) is classified according to the Klippen-Geiger climate classification. (3) The average temperature around Kajulu Hills is 22.2 °C with February having the highest mean temperature of 23.9oC and June having the lowest mean temperature of 21.2°C. (4) The table and figure under Part I of Form 1 of the Annex to this Schedule shows the monthly average temperatures around Kajulu Hills. Rainfall 11. (1) The presence of the elevated land mass and the Lake Victoria water body results in high rainfall. The rainfall pattern in the area is bi-modal with 2 major peaks in April and November with continental rains in between the peaks and with no alctolute dry period in between. MAM rainfall accounts for 37% of the annual precipitation with rainfall accounting for 33%— of the annual precipitation of 1724 mm. The balance is accounted for by the continental rains in between the 2 major rainy seasons. (2) The driest month is February with a mean precipitation of 75 mm while the wettest if April with a precipitation of 272 mm. (3) The month with the highest relative huntidity is May (73%). The month with the lowest relative humidity is Fehguary (48%). This is consistent with moisture availability with Februaryi being the driest, having the lowest moisture availability while due, to the rains in April/May, the moisture availability is highest in.lvliay, (4) The table and figure set out in Part II of Form 1 of the Annex to this Schedule indicates the mean monthly rairfall and humidity around Kajulu Hills. Vulnerability of the Water Resource (L. N .235 of 2021) 12. (1) The encroachment and human activities within the Kajulu hills catchment land through cultivation, clearirt of indigenous vegetation and the planting of exotic tree species as resulted into reduced recharge into the ground, lowering of the water table and a decrease in the discharge of the rivers. (2) In order to have a clear understanding of the surface water resources availability in the Kajulu hills catchment, the available data has been used and collated with the existing daily discharge data. Nyamasaria river is gauged at RGS 1HA15 located at the confluence of Awach Kajulu (Nyangori) and Awach Kibos rivers (coordinates N00.047, E034.804) while Awach Kajulu (Nyangori) is gauged at RGS 1HA14 located at coordinates (N00.067, E034.814) 2.6 kilometres upstream of RGS 1HAI5. The catchment area upstream of the 1HA14 station is 104 km2 and the station has been used to develop surface water availability scenario for the Nyamasaria River. THE KENYA GAZETTE 13th January, 2023 (3) The table': set out in Part III of Form 1 of the Annex to this Schedule shows the flow duration analysis for Awach Kajulu (Nyang'ori) Riyer at RGS IHA14. The Water Resoarce Quality Objectives and the Current Status of the Water Resource 13. (1) Seen& 20 of the Act requires the Authority to prescribe the criteria for classifying water resources for the purposes of determining water resources quality objectives for each class of water resource. (2) The Resource Quality Objectives represent the desired status of the resource, covering all aspects of quantity, quality, timing and aquatic biota. The RQO's are different for different classes of water resource. The objectives generally relate to the extent to which the water body is allowed to be adversely impacted by water use with respect to its natural state. Conceptually the RQO's provide a "target" condition of the-resources. Management decisions should be made such that the condition of the resource is progressively trending towards the RQCr. The status of the resource is a measure of how far the condition of the resource is from the RQO. Initially, RQOs shall be determined at the nodes where the Reserve flows are being determined. The Class of the Water Resource 14. (1) The present aquifer classification system in Kenya is partly demand-oriented and partly geo-political and entails the following five classes— (a) strategic aquifers: aquifers used to supply significant amounts alternatives, or where alternatives would take time and money to develop; or proportions of water to an area where there are no (b) major aquifers: high-yielding aquifers with good quality water; (c) minor aquifers: moderate-yielding aquifers with variable water quality; (d) poor aquifers: low-yielding aquifers with poor to reasonable quality water; and (e) special aquifers: aquifers or parts of aquifers designated 'special aquifers' by the Authority. (2) Each is further defined in terms of its status such as — (a) satisfactory: no immediate stress, pressure or threat; (b) alert: stress, pressure or threat identified or anticipated; and (c) alarm: hvater levels declining, water quality declining (stress, pressure or threat identified) (3) The Kajulu Hills sub-catchment can be classified as "Alert" as the available water is at not of adequate quality to meet the demand. The Kajulu Hills aquifer is at the risk of pollution due encroachment of the catchment area for anthropogenic activities. Land Uses and ;he? Potential Impact on the Water Resources 15. (1) The area around Kajulu Hills is predominantly rural settlement with tilt main land use being cultivation and rearing of livestock. (2) The potential impacts on the water resources as a result of human acts includes — (a) encroachment: people have encroached water catchment areas in the upper parts of the catchment; (b) overexploitation of available resources: the population in the area has been rapidly growing over the years. This leads to excessive pressure on available natural resources that includes water resources leading to potential water use conflicts; (c) soil erosion: following uncontrolled fanning and other human activities, soil erosion leads to siltation and loss of top soil cover; (d) deforestation: the forest cover around the Lake, the immediate catchmdirt areas as well as the wider catchment has been depleteci•due human activities. Forests have been cleared to give way for farmlands, settlements as well as charcoal burning and timber; and (e) water pollution: due to excessive economic activities around the Lake, the water has been polluted. Fishermen do not have sanitation facilities within the Lake leading to open defecation. The farms in the surrounding area use agro-chemicals which eventually find their way into the Lake and leading to pollution. Other pollutants include solid waste that is washed into the rivers by runoff water during rains. PART III—MEASURES FOR PROTECTION, CONSERVATION AND REHABILITATION OF THE KAJULU HILLS CATCHMENT PROTECTED AREA Proscribed Activities 16. (1) The activities to be undertaken within the protected area are those with zero impact on its ecological status and integrity. (2) The following activities are hereby specifically prohibited in the protected area-- (a) tillage or cultivation; (b) clearing of indigenous trees or vegetation; (c) building of permanent structures especially boreholes and houses; (d) disposal of any form of waste; (e) excavation of soil or development of quarries; (f) planting of exotic species that may have adverse effect to the water resource; and (g) land reclamation. Catchment Protection Plan 17. (1) In order to ensure the protection and conservation of Kajulu Hills is achieved and sustained, several measures and strategies will be applied. (2) The strategies referred to in sub-paragraph (1) include the following— (a) sensitization on catchment management; (b) revegetation of the catchment area through; (c) indigenous and water friendly Plant Propagation; (d) exotic species control; (e) water storage enhancement to ease pressure on use of rivers water; (fi rainwater harvesting tanks; (g) water pans; (17) regulating activities that may lead to pollution and destruction of the eco-system including charcoal burning, grazing, cultivation; controlling abstraction limits and observing of safe yields; and 6) controlling encroachment and liaising with other relevant government agencies to facilitate cancellation of illegally acquired land title deeds. (3) The catchment protection activities planned to be undertaken shall include those set out in Part A of Form 2 of the Annex to this Schedule. Conservation Plan 18. (1) The objective of the conservation plan is to protect the long- term environmental sustainability of the catchment for enhanced water resources yield and maintain its ecological functions in terms of flora and fauna. (2) In the development of the management programmes, care has been taken to ensure that there are explicit and logical links between the vision statement, management objectives, and the management strategies to achieve the objectives. (3) Each management programme is discussed in further detail as set out in Part B of the Annex to this Schedule. Catchment Monitoring Plan 19. (1) The objective of the monitoring plan is to collect water resources data and maintain a comprehensive database on the Kajulu Hills springs that provides information on water levels and quality of the spring's water. (2) The actions shall include— 3 t h J a n u a r y , 0 3 T H E K E N Y A G A Z E T T E 0 ( a ) e s t a b l i s h a w a t e r q u a l i t y a n d p o l l u t i o n c o n t r o l p l a n ; ( b ) w a t e r s a m p l i n g a n d a n a l y s i s ; a n d ( c ) e s t a b l i s h a w a t e r r e s o u r c e s d a t a b a s e ( ) T h e c a t c h m e n t m o n i t o r i n g p l a n i s s e t o u t i n P a r t C o f F o r m o f t h e A n n e x t o t h i s S c h e d u l e . E s t a b l i s h m e n t a n d O p e r a t i o n a l i z a t i o n o f M a n a g e m e n t S t r u c t u r e 0 . ( ) T h e o b j e c t i v e o f t h e m a n a g e m e n t s t r u c t u r e i s t o e n s u r e t h a t t h e p r o t e c t e d a r e a i s m a n a g e d i n a s u s t a i n a b l e m a n n e r w i t h t h e i n v o l v e m e n t o f a l l s t a k e h o l d e r s u n d e r t h e l e a d e r s h i p a n d c o o r d i n a t i o n o f W R A . ( ) T h e o b j e c t i v e s r e f e r r e d t o i n s u b - p a r a g r a p h s h a l l b e a c h i e v e d t h r o u g h — ( a ) s e t t i n g u p t h e m a n a g e m e n t s t r u c t u r e w i t h d e f i n e d t e r m s o f r e f e r e n c e s a n d m a n d a t e s ; a n d ( b ) d e v e l o p m e n t o f r e s o u r c e s m o b i l i z a t i o n s t r a t e g i e s t o r a i s e f u n d s f o r o p e r a t i o n s , m a i n t e n a n c e a n d c o n s e r v a t i o n o f t h e p r o t e c t e d a r e a s ; ( ) O p e r a t i o n a l i z a t i o n o f t h e m a n a g e m e n t s t r u c t u r e s h a l l b e a s s e t o u t i n P a r t D o f F o r m o f t h e A n n e x t o t h i s S c h e d u l e . C a t c h m e n t a n d W a t e r R e s o u r c e s M o n i t o r i n g 1 . ( I ) T h e o b j e c t i v e o f t h e m o n i t o r i n g p l a n i s t o c o l l e c t a n d a n a l y s e K a j u l u H i l l s c a t c h m e n t a n d w a t e r r e s o u r c e s d a t a t o p r o v i d e i n f o r m a t i o n o n w a t e r d i s c h a r g e , w a t e r q u a l i t y a n d c a t c h m e n t h e a l t h a s a r e s p o n s e t o h u m a n a c t i v i t i e s w i t h i n t h e n e i g h b o u r h o o d . ( ) T h e l i n k a g e s b e t w e e n v a r i o u s s t a k e h o l d e r s a r e c o n t a i n e d u n d e r P a r t E o f F o r m o f t h e A n n e x t o t h i s S c h e d u l e . M o n i t o r i n g a n d E v a l u a t i o n M a t r i x 2 . T h e m a t r i x c o n t a i n e d i n F o r m i n t h e A n n e x t o t h i s S c h e d u l e s h a l l b e a d o p t e d f o r M o n i t o r i n g a n d E v a l u a t i o n t o c a p t u r e d e t a i l o f t h e p r o g r e s s o f i m p l e m e n t a t i o n o f t h e p l a n n e d a c t i v i t i e s . 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' . - c Probabilit y of non- exceed- ance Probabi- lity of exceed- ance Flow Flow Availa- ble for alloca- tion r., 'jays Total volume Volume per year % % m3 /s m'/day in3Is nos Millio n m3 Million m 99% 1% 8.187 707,322 3.65 2.58 218.1 95% 5% 4.243 366,595 18.25 6.69 215.5 90% 10% 2.958 255,571 36.50 9.33 208.8 85% 15% 2.241 193,622 54.75 10.60 199.5 80% 20% 1.841 159,062 73.00 11.61 188.9 75% 25% 1.610 139,104 91.25 12.69 177.3 70% 30% 1.395 120,528 109.50 13.20 164.6 65% 35% 1.230 106,229 127.75 13.57 151.4 60% 40% 1.086 93,830 146.00 13.70 137.8 55% 45% 0.971 83,894 164.25 13.78 124.1 50% 50% 0.862 74,477 38,794 182.50 13.59 110.3 45% 55% 0.759 65,578 200.75 13.16 96.8 40% 60% 0.710 61,344 219.00 13.43 83.6 35% 65% 0.617 53,309 237.25 12.65 70.2 30% 70% 0.571 49,334 255.50 12.60 57.5 25% 75% 0.490 42,336 273.75 11.59 44.9 20% 80% 0.413 35,683 21,946 292.00 10.42 33.3 15% 85% 0.332 28,685 310.25 8.90 22.9 10% 90% 0.247 21,341 328.50 7.01 14.0 5% 95% 0.159 13,738 0.000 346.75 4.76 7.0 1% 99% 0.071 6,134 361.35 2.22 2.2 FORM 2 (p. 21(2), 20(3), 19(3), 18(3), 17(3)) PART A-CATCHMENT PROTECTION ACTIVITIES PLANNED TO BE UNDERTAKEN Activity Sub-Activity Time frame Cost (KSh.) Responsibil ity Gazetteme nt of Kajulu Hills Catchment as a protected area Delineate & survey the lake's catchment area. County 800,000 WRA, WRUA, Kisumu Lands & Survey Team Develop the Part of Development Plan for the lake catchment 2022 500,000 WRA, Physical Planning Dept., CGK Create awareness on the status of the bill's catchment area. Continuo us 500,000 WRA, WRUA, NEMA, CGK, Develop guidelines and conservation/protec tion plan through stakeholders' engagement 2021 5,000,000 WRA with all stakeholder s Submit gazettement instrument to the AG 2022 100,000 WRA Enforceme' nt of Kajulu Hills catchment Enforcement of Kajulu Hills catchment guidelines, management plan continuous 2,000,000 WRA, County, Govt, Activity Sub-Activity Time frame Cost (KSh) Responsibil ity manageme guidelines and other legislations and relevant legislations. nt NEMA, KWS. KFS, NLC Re- vegetation of the catchment area Establish indigenous vegetation Propagation Continuous 1,000,000 WRUA, WRA, KFS Grow live fence on the boundary of the catchment. Continuous 2,000,000 WRA, KFS, WRUA Planting and growing of propagated seedlings (Watering and tending) Continuous 2,000,000 WRUA,CF A,KIWAS Exotic species control Continuous 500,000 WRUA Restricting activities that may lead to pollution and destruction of the catchment. Public awareness creation Annually 1,000,000 WRA, CGK, KFS, WRUA. Controls/restriction s on charcoal burning, grazing, bathing and farming near sensitive areas. Continuous 300,000 WRA, CGK, KFS, WRUA,NG AO Enforcement Quarterly 500,000 NGAO, WRA, KFS, NEMA, WRUA. Alternative livelihood activities Promote bee keeping, poultry farming and butterfly keeping, eco-tourism. Continuous 7,500,000 WRA, WRUA, Agriculture and Livestock TOTAL 23,700,000 PART B -CONSERVATION PLAN Activity Sub-Activity Time frame Cost Responsibilit y Establish the water balance (Technical) Assess demand and availability 2022 2,000,000 WRA, County Government, WRUA, KWS Develop water allocation plan for the Kajulu Hills Develop Water allocation Plan 2022 1,500,000 WRUA, WRA, KWS, County Government, WRA, WRUA, NEMA, County Government Implement water allocation plan continuo us 2,000,000 WRA $ MANAGEMENT COMMITTEE 13th January, 2023 Enforce permit conditions continuo us 3,000,000 WRA, WRUA, Enhance Water use efficiency (introduction of technologies) Sensitization and model water use units — irrigation, domestic Demonstration on efficient water use technology Continuo us 2,500,000 WRA, WRUA, County Government Total 11,000,000 PART C —CATCHMENT MONITORING PLAN Action Sub-Activities Timee fram Costs Responsible Water sampling and analysis Collect water resources samples and conduct analysis for biological and physico-chemical parameters. Quarterly 500,000 WRA Capacity Building Capacity building on data collection and monitoring Continuo us 500,000 Stakeholders and WRA Water resources monitoring Install water level gauges 1 year 2,500,000 WRA, WRUA Total 3,500,000 PART D—MANAGEMENT STRUCTURE Activity Sub-Activity Time frame Cost Responsibi- lity Setting up the management structure Appoint 1No. Member from each of the following stakeholders: . Kenya Forest Service Nation 1 Environment Mgt Authority National Government Administration in Kisumu County; . Kenya Wildlife Service; . Ministry of Agriculture; . Kajulu Hills WRUA; 3 months 50,000 WRA Terms of References (ToR) will include but not limited to: i) To manage the catchment prudently on behalf of other stakeholders ii) To submit quarterly reports to WRA and LVS on all planned and implemented activities; iii) To develop by - laws and submit a copy to WRA and LVS Continuo us 100,000 WRA, WRUA Activity Sub-Activity Cost Time frame Responsibi- lity for approval before implementation Develop and implement resources mobilization strategies Mandate and responsibilities: • Promote the conservation and protection of the catchment • Promote equitable distribution of the resources within the catchment • Promote socio- economic and environmental sustainability of the catchment Continuo us 50,000 Manageme nt Committee The sources of funds for the committee may include: • Bee keeping • Tree Nursery; • Eco-tourism; • Well- wishers/Donors • WRA/WRUA - (WDC) Continuo us 500,000 WRA Sub-total 700,000 PART E —REPORTING LINKAGES FOR THE MANAGEMENT COMMITTEE STAKEHOLDERS V WRUA COMMUNITY Note: (i) The arrows indicate the direction of flow of information. The dotted lines indicate WRUA can also communicate directly to communities and vice versa. (ii) WRA as the agent of the National Government in the regulation of use and management of water resources, will be the co-ordinator of the committee. The members appointed to the Management Committee will serve on honorary basis as this will be a non-profit, non-commercial venture. The Committee will be required to solicit for funding from well- wishers and other sources to supplement the income that may be derived from activities permitted in a protected area. FORM 3 (P. 22) MONITORING AND EVALUATION TEMPLATE Activities Start date Implemen Schedule ation fhl date Status (% completion) Planned Cost Ksh. Total expenditure to date Source of funds Outpu Comments Dated the 13th December, 2022. MOHAMED M. SHURIE, Chief Executive Officer, Water Resources Authority. GALE I I h NOTICE No. 239 THE CROPS ACT, 2013 PROPOSED GRANT OF LICENCES NOTICE is given that pursuant to section 20 (6), (7) and (8) of the Crops Act, the Agriculture and Food Authority proposes to grant licences to the following applicants; Name of Applicant Purpose of Licence Location, County ENI Kenya Limited Oil Manufacturer, Importer and Exporter of Castor Wote, Makueni. Origen Fresh EPZ Limited Nuts Manufacturer and Exporter of Macadamia Mavoko, Machakos. Convex Commodities Merchants Limited Manufacturer and Importer of Ground Nuts Dagoretti North, Nairobi. Any objections to the proposed grant of licences with respect to the applicants, should be lodged in writing with the Agriculture and Food Authority, Nuts & Oil Crops Directorate, Tea House, Naivasha Road, P.O. Box 37962-00100, Nairobi, within fourteen (14) days from the date of this mt,ice. The objection should state clearly the name, address and telephone number of the person/s or entity objecting, the reasons for the objection to the grant of the licence and should be signed by the objector. The Agriculture and Food Authority proposes to issue the licence to the applicants who will have complied with the Crops Act, 2013, the Crops (Nuts q•nd Oil Crops) Regulations, 2020 (L/N No. 164) and any other relevant written law on the 16th January, 2023. Dated the I&Ith December, 2022. ENOSH AKUMA, MR/4281347 Agriculture and Food Authority. Ag. Director-General GAZETTE NGTCE No. 240 THE COMPETITION ACT (No. 12 of 2010) THE PROPOSED ACQUISITION OF ENTIRE ISSUED SHARE CAPITAL IN RONGAI WORKSHOP AND TRANSPORT LIMITED BY GENERAL CARGO SERVICES LIMITED AUTHORIZATION PURSUANT to the provisions of section 46 (6) of the Competition Act, 2010, it is notified for general information that in exercise of the powers conferred upon the Competition Authority by section 46 (6) (a) (ii) of the Competition Act, the Competition Authority has authorized the proposed transaction as set out herein. Dated the 1st December, 2022. MR/4281384 Director-General. WANG'OMBE KARIUKI,