MOMBASA MUNICIPAL COUNCIL: An attachment report

MASENO UNIVERSITYSCHOOL OF ENVIRONMENTAL AND EARTH SCIENCES DEPARTMENT OF URBAN AND REGIONAL PLANNING COURSE CODE: N.P.L. 313 (INDUSTRIAL ATTACHMENT IN PLANNING OFFICE) ASSESSING LECTURER: DR G. WAGAH STUDENT’S NAME: MWALILI SAMUEL CHAKU ADMISSION NUMBER: BA /00165 /2005 TASK: ATTACHMENT REPORT – ATTACHMENT AT THE MUNICIPAL COUNCIL OF MOMBASA (BUILDING AND PLANNING DEPARTMENT) FOR THE PERIOD COMMENCING FROM 13TH FEBRUARY 2008 THROUGH 10TH APRIL 2008 Background Physical planning at the M.C.M. like in other local Authorities derives its legal and institutional framework from the Physical Planning Act Cap 286 of the Laws of Kenya. The physical planning Act (P.P.A.) became operational on 29th October 1998 effectively repealing the Town Planning Act and the Land Planning Act as detailed in the P.P.A. Section 53. In reference to the Act, their needs to be a partnership between the Director of Physical Planning in the Ministry of Lands in charge of the Province or the District and the Department of Town Planning at the Local Authority. This is evidenced by the Acts section 24 (1) and (3), that states: ‘ the Director of physical planning may prepare with reference to any Government land, Trust land or Private land within an area of authority of a city, Municipal, town or Urban Council or with reference to any trading or marketing centre, a local Physical development plan.’ Sections 29, 30(1), 31(1) and 33(1) define the role of the local Authority in the planning process. Based on the above, it’s clear that planning is a process of coordination between the Directorate Physical Planning and the Local authority which has a control/supervisory/implementing role in attaining the final envisioned plan. Collaboration between the two offices forms the bedrock of successful planning ventures and this interplay is present and active between the Mombasa Municipal Council and the Physical Planning office at the Ministry of Lands – Coast province, thereby effectively completing the professional equation necessary for successful planning. 1 Executive summary Mombasa town in Kenya is found at the historic and main gateway into Kenya through the Indian Ocean. Her strategic location cannot be denied and years of infrastructural developments and upgrading e.g. the Kilindini harbor, the Moi international Airport and the proposed fiber optic cable seem to point to a general fact that her strategic advantage along the East African Coast is not under any immediate threat in-fact, it’s under consolidation. This calls for proper planning on the side of the planning bodies concerned e.g. the Municipal Council of Mombasa. This report apart from addressing the attachment objectives of field experience reporting, it breaks away from the tradition and delves into the factors that are bound to boost the viability of the town as an economic destination, the problems it’s currently grappling with and proposes solutions to these problems and challenges. The background of analysis of tin the body of the report is derived from the Millennium development goals, the legal frameworks of planning in Kenya and the proposed development s that have been in the pipeline for years due to one reason or another. This report adopts a thematic approach beginning with an introduction into Mombasa town. The historical background that has shaped the island towns name and placement in the spatial temporal matrix are unearthed. The settlements patterns and situation in the town are also brought to light where the outburst of settlement areas into the surrounding mainland sis appreciated as a phenomenon that needs to be planned for. The factors behind this turn of events e.g. the construction of bridges are also appreciated. The demographical trends and patterns in the town are also tracked; the political frameworks and landmarks of the town are identified in this section. The town’s economic baseline is analyzed together with the infrastructural linkages, administration and environmental factors that have worked to shape the economic lifeline of the town. The second thematic topic is the Council. Its background, administrative structure, legal and institutional frameworks etc are analyzed. The operational mandate of the Council is brought to light with the supporting legal and legislative frameworks. This is important in defining accountability within the operational frameworks of the local government body. 2 A situational analysis of the Council is summarized under the leading titles of service delivery, traffic situation in the town and how the active exchanges and flows of goods and services with her hinterlands affects the transport situation there, a SWOT and PESTEL analyses are done to determine the potentials and the weaknesses in the town. The successes in town planning within Mombasa town are also highlighted. This section is followed by and in-depth analysis on the implementation of the Physical Planning Act in Mombasa town, the challenges and the proposed way forward in dealing with these challenges. A case study on the Changamwe zoning plan is contained. This section captures the planning exercise as was conducted on the ground. The invaluable lessons from the exercise reflected some planning challenges that seem to be uniform within the town. The recommendations and conclusion are detailed towards the very end of the report. The annex contains evidence of that the attachment was indeed done. Other supportive evidence are the photographs taken during the activity, diagrams of real existing land uses, a summary of the activity schedule throughout the period, a photograph of the first stakeholders meeting on the Changamwe zoning plan and a map of the Changamwe zoning plan incorporated within the report. 3 Acknowledgments This attachment and the resultant report, though part of the planning course has offered me invaluable lessons and brought me to a close touch with the salient features and matters pertaining to the planning profession. Such lessons cannot be attained in an ordinary class environment and are largely interplay between the class based inputs from my lecturers and more so from the patience and guidance I got from the special individuals I had the rare opportunity of interacting with during my attachment period. My special thanks go to the Municipal Council of Mombasa’ town clerks office that helped me gain access into the Council premises and interact with the professional personnel in the Building and Planning Department. This office was also very instrumental in facilitating my travel to the various sites e.g. the Changamwe zoning plan survey and the workshop organized by the Housing ministry and the Kenya Revenue Authority at the Mombasa beach hotel. Many thanks to the Director planning and Architecture department and the officers in his department who were both understanding and supportive from day one to the very last day and were patient with me in my endless enquiries, a spirit promoted by the chief building inspector. More thanks to the officers in the Human Resource department and the Receptionist office for facilitating my speedy settlement into the council offices. Greater thanks to the Directorate Physical Planning based at the Ministry of Lands for their invaluable professional support and courtesy, and most importantly their willingness to integrate me into the highly professional chores like the Changamwe zoning plan process despite the fact that I am still a student. Finally, I must appreciate that it is difficult to acknowledge all the individuals in their independent capacities but the officers at Municipal Council of Mombasa and the Physical Planning office – ministry of lands, really did their best to ensure that mine was an experience similar to “a home away from home”. 4 List of Abbreviations A.S.L. above Sea Level Ksh Kenya Shillings M.L.G Ministry of Local Government M.C.M Municipal Council of Mombasa ALGAK Association of Local Government Authorities in Kenya. LASDAP Local Authority Service Delivery Action Plan P.R Public Relations L.A.T.F. Local Authority Transfer Fund KENSUP Kenya Slum Upgrading Project M.O.E Ministry of Education E.M.C.A. Environmental Management and Coordination Act E.I.A. Environmental Impact Assessment E.M.P. Environmental Management Plan LoK Laws of Kenya P/d per Day P.S.V. Passenger Service Vehicle W.B. World Bank U.N. United Nations P.P.A. Physical Planning Act P.a per Annum D.R.C. Democratic Republic of Congo E.E.Z. Exclusive Economic Zones. L.R NO Land Registration Number G.D.P Gross Domestic Product. G.I.S. Geographic Information Systems. 5 Table of Contents BACKGROUND ......................................................................................1 EXECUTIVE SUMMARY.............................................................................2 ACKNOWLEDGMENTS .............................................................................4 LIST OF ABBREVIATIONS .........................................................................5 TABLE OF CONTENTS .............................................................................6 LIST OF TABLES....................................................................................9 LIST OF FIGURES...................................................................................9 LIST OF PHOTOGRAPHS ..........................................................................9 1.0 INTRODUCTION ............................................................................. 10 1.1 HISTORICAL BACKGROUND................................................................ 10 1.2 LOCATION.................................................................................... 10 1.3 AREA .......................................................................................... 11 1.4 HUMAN SETTLEMENTS SITUATION....................................................... 11 1.5 DEMOGRAPHY ............................................................................... 14 1.6 POLITICAL FRAMEWORK................................................................... 15 1.7 LAND MARKS................................................................................. 15 1.1. I ECONOMIC ACTIVITIES .................................................................. 16 COMMERCE AND INDUSTRY...................................................................................................................... 16 AGRICULTURE .......................................................................................................................................... 17 MINING/QUARRYING ................................................................................................................................ 17 FORESTRY ................................................................................................................................................ 18 FISHING .................................................................................................................................................... 19 1.1. II ADMINISTRATION ........................................................................ 19 1.1. III INFRASTRUCTURE ...................................................................... 20 ELECTRICITY ............................................................................................................................................ 20 RAILWAY.................................................................................................................................................. 20 SEA PORT ................................................................................................................................................. 21 AIR PORT .................................................................................................................................................. 21 WATER AND SEWERAGE ........................................................................................................................... 22 SEWER ...................................................................................................................................................... 22 TELECOMMUNICATIONS ........................................................................................................................... 23 1.1. IV ENVIRONMENT .......................................................................... 23 2.0 THE MUNICIPAL COUNCIL OF MOMBASA: ............................................... 25 - A PROFILE....................................................................................... 25 2.1 BACKGROUND ............................................................................... 25 2.2 ADMINISTRATIVE STRUCTURE ............................................................ 26 2.3 LEGAL AND INSTITUTIONAL FRAMEWORK.............................................. 27 6 THE TOWN CLERKS OFFICE ................................................................... 27 THE HUMAN RESOURCE DEPARTMENT ...................................................... 27 THE TOWN TREASURERS DEPARTMENT .................................................... 27 HOUSING AND SOCIAL SERVICES DEPARTMENT ............................................ 28 ENGINEERING DEPARTMENT .................................................................. 28 HOUSING DEVELOPMENT DEPARTMENT .................................................... 28 INSPECTORATE DEPARTMENT ................................................................ 28 PLANNING AND ARCHITECTURE DEPARTMENT ............................................ 28 PUBLIC HEALTH DEPARTMENT ............................................................... 29 EDUCATIONAL DEPARTMENT ................................................................. 29 2.4 THE TOWN PLANNING AND ARCHITECTURE DEPARTMENT IN FOCUS ............. 29 2.4. I LEGAL AND INSTITUTIONAL FRAMEWORK ........................................... 29 THE PHYSICAL PLANNING ACT (CAP. 286).................................................. 29 3.0 MUNICIPAL COUNCIL OF MOMBASA: - ................................................... 37 A SITUATIONAL ANALYSIS...................................................................... 37 3.1 WATER AND SEWERAGE SERVICES....................................................... 37 3.2 WASTE DISPOSAL AND MANAGEMENT................................................... 37 3.3 PUBLIC AREA DESIGNATION............................................................... 40 3.4 CAPITAL EXPENDITURE PRIORITIES...................................................... 40 3.5 TRANSPORT.................................................................................. 41 TRAFFIC ANALYSIS .............................................................................. 41 TO WORK PLACE/ OFFICE/ SCHOOL TRAFFIC .............................................................................................. 41 SHOPPER TRAFFIC .................................................................................................................................... 42 RECREATIONAL PURPOSE TRAFFIC ........................................................................................................... 42 TRUNK TRAFFIC ....................................................................................................................................... 42 3.6 HOUSING PROVISION ....................................................................... 43 3.7 SWOT ANALYSIS............................................................................. 44 STRENGTHS / OPPORTUNITIES ................................................................................................................... 44 WEAKNESSES / THREATS .......................................................................................................................... 44 3.8 PESTEL ANALYSIS........................................................................... 45 POLITICAL ................................................................................................................................................ 45 ECONOMIC ................................................................................................................................................ 45 SOCIAL ..................................................................................................................................................... 46 TECHNOLOGICAL ...................................................................................................................................... 46 ENVIRONMENTAL ..................................................................................................................................... 46 LEGAL ...................................................................................................................................................... 46 3.9 SUCCESS STORIES / BEST PLANNING PRACTICES ...................................... 47 SITE AND SERVICE SCHEMES ................................................................... 47 AMENITY GREEN ................................................................................. 48 7 TRAFFIC SEGREGATION......................................................................... 48 MARKET STALLS ................................................................................. 49 4.0 M.C.M: THE PHYSICAL PLANNING ACT CAP 286, LOK –IMPLEMENTATION STATUS. ..................................................................................................... 50 4.1 CHALLENGES ................................................................................ 50 4.1. I RAPID URBANIZATION ..................................................................................................................... 50 4.1. II URBAN SPRAWL.............................................................................................................................. 50 4.1. III URBAN POVERTY AND ESTABLISHED INFORMAL SETTLEMENTS .................................................... 51 4.1.IV IN-APPROPRIATE TECHNOLOGY ...................................................................................................... 51 4.1. V INADEQUATE AWARENESS OF THE PLANNING LEGISLATION ........................................................... 51 4.1.VI INADEQUATE CAPACITY TO IMPLEMENT. ....................................................................................... 51 4.1 .VII LAND USE MONITORING .............................................................. 51 4.2 THE WAY FORWARD........................................................................ 53 5.0 THE CHANGAMWE ZONING PLAN - A CASE STUDY .................................... 58 5.1 INTRODUCTION ............................................................................. 58 5.2 PLAN JUSTIFICATION ...................................................................... 59 5.3 SURVEY OBJECTIVES ....................................................................... 60 5.4 METHODOLOGY OF THE STUDY .......................................................... 60 5.5 THE STUDY LOG ............................................................................ 61 (26TH FEBRUARY 2008) ......................................................................... 61 (A) KIBARANI AREA .............................................................................. 61 (B) CHANGAMWE AREA ............................................................................................................................ 61 (C) MIKINDANI AREA ................................................................................................................................ 62 (D) ALLIDINA PLOT ................................................................................................................................... 62 (E) JOMVU MISSION AREA ......................................................................................................................... 63 27TH FEBRUARY 2008........................................................................... 63 (F) VIJIWENI AREA - BEYOND MIRITINI .................................................................................................... 63 (G)MIRITINI B........................................................................................................................................... 63 (H) MAGONGO .......................................................................................................................................... 64 (I) PORT REITZ .......................................................................................................................................... 64 5.6 ANALYSIS..................................................................................... 64 5.7 CHALLENGES AND OPPORTUNITIES ..................................................... 65 5.8 RECOMMENDATIONS........................................................................ 66 5.9 CONCLUSION ................................................................................ 67 REFERENCES...................................................................................... 69 ANNEX ............................................................................................. 69 8 List of Tables Table 1: Population densities by Division in the M.C.M. ................................................ 15 Table 2: Population and population density in Changamwe. ........................................... 59 List of Figures Figure 1:An in-appropriate garbage disposal site at Bamburi. ......................................... 39 Figure 2 : The location of an existing livestock holding ground. ..................................... 52 Figure 3: The location of an upcoming building materials market ................................. 52 List of Photographs Picture 1:A photo showing the mangrove conservation efforts........................................ 18 Picture 2: Photo showing a section of the Kenya-Uganda railway .................................. 20 Picture 3:The Kenya Ports Authority headquarters. ......................................................... 21 Picture 4:The burning fires of the Kibarani dumpsite. ..................................................... 38 Picture 5:Photo of the informal settlements at Kwa Jomvu.............................................. 39 Picture 6:Heavy commercial vehicles along the Port Reitz area:. .................................... 43 Picture 7:Private conservation efforts at the Allidina plot in Kwa Jomvu. ...................... 47 Picture 8:The Changamwe roundabout; a success story in Amenity Greenery…………48 Picture 9:An on-scene brainstorming session at Kibarani. ............................................... 61 Picture 10:A cross-section of the participants in Changamwe zoning plan...................... 66 9 1.0 INTRODUCTION 1.1 Historical Background Mombasa town is one of the oldest towns in Africa notably the East Coast of Africa. Her emergence is closely attributed to the Indian ocean trade between East Africa and the outside world notably the Persian gulf nations e.g. Iran, Oman etc, the far East i.e. China. Mombasa together with other towns like Malindi, Gede and Zanzibar in Tanzania emerged as important ports of call for the replenishment of supplies for the ocean bound traders. Goods that found their way from as far inland as Uganda during the period of the trade included slaves, game trophies etc. The evidence of the existence of this trade is found in the archeological evidences gathered and the living artifacts notably the culture present at the coast i.e. Islamic way of life that has great parallels with the Arabic way of life, the vocabulary of the coast e.g. the word meza is derived from the Portuguese mesa, meaning a flat raised land, the architecture of the coast of Kenya i.e. Mombasa, especially the old town is distinctly Arabic with houses built with at least two floors, rich finishing and in some cases minarets replicated from the Mosque building art. The town is thought to have been favored for settlement due to the security factor, in that; it being an island offered the residents with better surveillance and defense strategies against ocean launched attacks the commonest in her early days. 1.2 Location Mombasa town is located on the East Coast of Kenya some 500km’s from Nairobi the capital of Kenya (measured from the council’s Educational Department building). The longitudinal extent of the town is between 390 38’ and 390 41’ East of the Green which while the Latitudinal extent of the town is between 40 02’ and 40 05’ South of the Equator. The time zone of the town is East African Time (E.A.T) + 3HRS G.M.T. (Green Mean Time). 10 Map 1: Map showing the location of Mombasa town in relation to the rest of Kenya. 1.3 Area Mombasa town sits on the island totaling some 13km2 and the on the mainland sections of the Mainland North (Kisauni), Mainland South (Likoni) and Mainland West (Changamwe). All these sections combined are some 275km2; however, the total area of the town including the territorial waters is a whooping 867km2 of area. Climatically it enjoys a generally warm-humid, hot weather with temperatures ranging from between 21 to 31 on the Celsius scale through out the year. Topographically, the town lies on a flat land with most areas being only a few meters above the sea level. 1.4 Human settlements situation Mombasa town is part of the old towns in east Africa known to have a rich Legacy and history. Some of the earliest settlements were confined to the island due to the security factor especially with regard to defense against water based offensives. The 11 original Arabic name is Manbasa; in Kiswahili it is called Kisiwa Cha Mvita (or Mvita for short), which means "Island of War", due to the many changes in its ownership. The town is also the headquarters of Mombasa District which, like most other districts in Kenya, is named after its chief town. The earliest history of Mombasa is mostly legendary and is associated with two rulers: Mwana Mkisi (female) and Shehe Mvita, who are seen as the founders of the city. According to oral history and medieval commentaries (also based on oral history), Shehe Mvita superseded the dynasty of Mwana Mkisi and established his own town on Mombasa Island. Shehe Mvita is remembered as a Muslim of great learning and so is connected more directly with the present ideals of Swahili culture that people identify with Mombasa. Most of the early information on Mombasa comes from Portuguese chroniclers writing in the sixteenth century though the famous Moroccan scholar and traveler Ibn Battuta did visit Mombasa in 1331 on his travels on the eastern coast of Africa and made some mention of the city. One of the earliest people to settle was called Mvita – who lent the name to Mvita, the official name of the island. Changamwe is thought to have derived its name from the original residents of the area i.e. Mchangamwe – a Duruma by tribe. Another theory about the area holds that, the areas local brew ‘Changaa’ ma’ could be the origin of the name Changamwe. The earliest settlers to arrive in the area settled around Hola thus the name ‘Kwa Hola’ translated as Hola’s place. The original inhabitants of Northern Changamwe are the Wa Jomvu. Mombasa’s interior areas are dominated by the Miji Kenda communities who too have had an impact in the shaping and defining of the town’s present status. During the period of the Indian ocean trade, the Arabs came and settled amongst the communities at the coast leading to inter marriages and later cultural interchanges that reflected in the culture, religion, architecture, belief systems and even the linguistic position of the coast leading to the rise of the Swahili culture and the Swahili language thought to be the biggest linguistic factor in the East Coast of Africa and the language most used by Africans that is African. 12 The nature of the settlements at the time of the arrival of the missionaries was informed by the settlement patterns taken by the previous groups especially the dominance of the island by the Arabs. By the time of the coming of the colonialists, Mombasa was the most developed in Kenya, leading to their decision to establish their headquarters at the coastal town. However, this decision was revised later and the capital shifted to Nairobi, after the railway line arrived there. This served to redefine the reinforcements that led to the growth of Mombasa. The decision to move the capital to Nairobi was largely due to its more central location in relation to the entire nation – Kenya, as opposed to Mombasa. The availability of land for development was a greater pull factor to Nairobi and so is the cool climate the settlers and colonialists found there that had better parallels with the European climate, Mombasa on the hand was hot and humid – a malaria endemic area, that the colonialists were ill prepared to cope with. However, these mid term decisions didn’t severe the growth potential of the town. Land wise, the following events served as defining moments on the delicate question of land ownership at the town. First, the direct role of Sultan of Zanzibar over the “Coastal strip” stretching along the entire length of coastline and 10 miles deep, Second, the establishment of the British protectorate at the turn of the 19th century which brought and end to the sultan’s role, And thirdly, Kenya’s independence. These events left a legacy that lives on to date. The property rights of the sultan’s subjects for example, were protected and claims to land recorded and registered as Freehold Titles. The remainder of the coastal strip was declared “crown land” (Now Government Land), a situation still prevailing to date. This explains the large tracks of land owned by the Mazrui Arabs in Takaungu, the Swaleh Nguru, s of Mombasa etc, the large Arab owned holdings in Mambrui and Bakshweni land in Malindi, Kwale etc. After independence, the property rights of the Arab claimants and other registered Title holders were maintained, while the remaining areas in the Native reserves were under the Trust-land act – set out as Trust and entrusted to local authorities to be administered for 13 the benefit of the people “Normally/habitually” resident in the area. The historical perspective has a strong bearing on the categories of land-use and Land Tenure found today in much of Coast Province. At independence, the importance of the Kilindini harbor for the economy of the independent state served to re energize her growth potentials. The establishment of the Changamwe oil refinery at the coastal town due to the closeness of the port led to the influx other industries that were dependent on imported raw materials or involved the export of bulky or inflammable products as both an economic factor and as a risk cutting factor. Presently, the town is cosmopolitan with the main settlement areas being around the island, Kisauni, Changamwe and Likoni. Population wise, Kisauni has the biggest population that resides in the Mishomoroni, Bombolulu, and Nyali up market area, Bamburi, Mtopanga amongst others. 1.5 Demography The town doubles up as both the second most populous city after Nairobi, with an estimated population of over a million people and as the headquarters of Coast Province. The town is also home to at least 31.32% of the voter population in Coast province of this percentage, the female voter population accounts for 36.85%. This offers great insights in the demographical patterns of the town and a tip on the migratory patterns in the region. The annual population growth rate of the town stands at 4% p.a. Epidemiologically, the town and its environs are considered holo-endemic in regard to Malaria whose transmission intensity months are over 6 months, a rate only matched by the Lake Victoria Basin region. 14 Table 1: Population densities by Division in the M.C.M. source; the Shanzu zoning plan. DIVISION SIZE (sq. km.) LIKONI ISLAND CHANGAMWE KISAUNI TOTAL 51.3 14.1 54.5 109.7 229.6 39,665 136,140 81,348 79,995 336,148 67,240 127,720 113,469 153,324 461,753 94,883 146,334 173,930 249,861 665,018 1,850 10,379 3,191 2,278 2,866 POPULATION (1979) POPULATION (1989) POPULATION (1999) DENSITY (Sq. km.) 1.6 Political Framework Politically, the town has four constituencies namely: Changamwe constituency – in mainland west – which is the industrial hub of the town. Kisauni constituency – in mainland East - which the most populous Likoni constituency – in mainland South – and Mvita constituency – the island – which houses the most developments per unit area. 1.7 Land Marks Mombasa’s landmark are the famous elephant tusks along Moi avenue second to this are the sculptures of independence heroes ( Kapombe wa Kagongo against the white men) at Mwembe Tayari along the Jomo Kenyatta Avenue. The historic Fort Jesus is a living artifact that gives insight into the troubled past of Mombasa, surrounding the battles that were fought over the town pitting the Oman Arabs and the Portuguese culminating in a 33 Months siege that saw the overthrow of the Portuguese rule on the East Coast of Africa. The rich history is fabricated in the culture of the people i.e. the Islamic culture, Arabic culture and the Arabic architecture found their way into Mombasa. This is better appreciated in the Mombasa old town that portrays a reflection of the impact of the trade and Cultural/Religious exchanges betwixt the East Coast of Africa and the Persian Gulf. The Free Town church along the Malindi Road is the evidence remaining that the early missionary movement found their way to the town, but by then Islam was already established making it impossible for them to establish bases within the island. 15 1.1. i Economic Activities Commerce and Industry Economically, Mombasa is the industrial nerve centre of Kenya outside Nairobi with its Changamwe Division being the most industrialized Division in Kenya; driving the economy of Kenya, East and Central Africa including Eastern D.R.C and the Southern Sudan through the Kilindini harbor which serves this expansive hinterland. The Changamwe oil refinery – a perfect example of a cost reduction strategy on imported products – supplies the petroleum needs of Kenya and the neighboring nations via a petroleum pipeline and a system of inland depots in Nairobi, Eldoret and beyond. Map 2: A satellite image of the Changamwe section which is an industrial hub of the town. The oil depots, berths and the Kilindini harbor can be seen from this image. Cargo handling at the Kilindini port facility has been on a steady increase buoyed by its international standards unrivalled regionally and most importantly the bullish economies of Kenya and her neighbors who are undergoing post-war reconstruction notably Southern Sudan, Rwanda and Burundi. Tourism The Kenyan tourism sector, which posted earnings to the tune of 48 Billion Ksh in the year2007 alone, has its roots in the town. The most notable attractions being the historic Fort Jesus, the sunny sandy beaches, a favorable weather, the old town and its proximity 16 to other tourist hot spots on the Kenyan Coast with international standards rating e.g. the Lamu old town which recently received official recognition from UNESCO as a World Heritage Site. Agriculture As far as agriculture is concerned, Mombasa town doesn’t seem to be doing well. This is because of the general absence of adequate space to allow for land intensive activities such as agriculture. Land is under pressure at the coastal town, with developments already making an intrusion to areas beyond the town known then. For instance, Miritini developments are steadily taking a ribbon approach towards Mazeras town while in some industrial developers e.g. steel mills, cargo handling businesses are already relocating or acquiring land in Mariakani town where the rates are cheaper and prices lower per acreage. This is a pointer to a number of developmental issues and begs for metropolitan solutions in order to attain informed and well coordinated development. Due to this scarcity of land for agriculture, Mombasa can therefore be categorized as a food insecure town. The bread baskets of the town are Kwale district where a degree of agriculture takes place, the Taita/Taveta district notably Wundanyi and Taveta and even from areas far flung as Central Kenya, the Rift valley which are the main suppliers of Irish Potatoes and cereals. Mining/quarrying Mombasa towns other economic activity is that of mining. This is mainly done in the areas of Bamburi where the mining of the limestone rock for the production of cement. The locational decisions for the Bamburi cement plant were largely influenced by this nearness to the raw material. The limestone rock in the coastal shelf is a product of the coral system in the area. The factory has had an impressive impact on the livelihood systems of Mombasa notably through: • • The provision of employment. A G.D.P. earner. Supply of cement to fuel the other sectors of the economy i.e. the construction sector thereby a multiplier effect to the economy of the nation as a whole. 17 Environmental conservation through the rehabilitation of the abandoned quarries e.g. the Haller Park which serves as an urban lung and as a conservation center. The bullish building sector of the town is supported by supplies of rock from quarries outside Mombasa especially in Mariakani area. These areas also serve as sources of murram that facilitates the tarmacing process, an important segment for the greasing of the regional economy. Forestry Mombasa on its own does not have exclusive forest reserves, but the conservation efforts of conservationists and culture have had an impact ensuring that the town has adequate amenity green. For instance the Haller Park offers good scenery along the Malindi road. The conservation of the Mikoko woodlands ( mangroves ) has assisted in ensuring that the indented coast line of Mombasa is not left bare e.g. along the Makupa cause way, the adjacent strip of land West of Tudor has some mangroves, so is the section that borders Kisauni opposite the Police Dog Unit and Tudor East. Picture 1: A photo showing the mangrove conservation efforts along the Tudor Creek as seen from Mikindani's Maporomokoni area. 18 Further inland, beyond Miritini there is a forested hill that is so since it’s a culturally reserved area i.e. Kaya Fungo. The other forest that though lies outside Mombasa but is culturally, politically and economically important is the Arabuka Sokokwe forest along Malindi road. Fishing The fact that Mombasa town is an island with an indented coast line, then fishing cannot be ignored as an economic activity though the sector is not operating at full potential due to the following factors: The absence of the required technology to help the fishermen at the coast to compete globally. This is because, the developed world notably Japan have gone to great lengths to advance their fishing technologies making the endeavor cheaper, safer and more profitable; these lack in the area. Poor policies regarding the sector are also to blame i.e. the fact that there is no fishing market officially designated for the sector is a pointer to this, however this may change in the current Changamwe zoning plan where some stakeholders put forward a proposal for an area designated for fishing activities in the Port Reitz area. 1.1. ii Administration Administratively, the town has two districts i.e. the Mombasa District and the recently formed Kilindini District, which was curved out fro the lager Mombasa District to include the Changamwe and Likoni constituencies. The town is the most developed on the East Coast of Africa and a seat of maritime activities in the region. In coast province, the town is the headquarters of the province. It houses the head departments of the government in the entire Coast province. Due to this situation, many of the facilities of remarkable standards are located here further reinforcing the ruralurban flight. For instance, education wise, the town has the biggest educational institutions e.g. the Allidina Visram high school, Mama Ngina sec, Sheik Khalifa e.t.c, college wise the town houses the Mombasa polytechnique, the Mombasa Technical Training College, the Kenya Institute of Management campus at Cott House, the Bandari college and lately the Kenyatta University Mombasa Campus has been added on the list. 19 In reference to the health situation, the town is the seat of the advanced hospital facilities e.g. the Port Reitz district hospital, the Mombasa hospital, the coast general hospital, Jotham hospital amongst others. 1.1. iii Infrastructure Mombasa town has a relatively well developed infrastructure when compared to other areas of the province. Electricity The town is adequately served by the national electricity grid. In this regard it also contributes to the national grid through the KENGEN Kipevu power plant located in the Changamwe industrial division. Railway Due to her needed linkages with cheap inland cargo transport systems, Mombasa has had early railway connectivity with her hinter land as early as the 1899 when the Kenya – Uganda railway line then funded by the British tax payer commenced form the port town. The railway linkage covers the Kilindini port and the Shimanzi area (an early industrial centre). The railway transport has facilitated the movement of bulk cargo to and from the port. Below is a section of the railway line as it appears at the Kibarani area along the Makupa cause way. Picture 2: Photo showing a section of the Kenya-Uganda railway line at Kibarani. 20 Sea Port The accessibility of Mombasa by sea has been an important factor in the town’s growth and development over the years. As noted earlier, the main reason for the wars fought over Mombasa and other satellite East Coast city states was due to their strategic location along the lucrative Indian Ocean trade prior to the construction of the Suez canal linking the Red sea to the Mediterranean sea meaning that all the cargo from Europe and Western Coasts of North Africa, including the West and Southern Africa sea trade had to be channeled via this route en route to the Persian gulf areas and the far East. Initially, the port was located on the Western front of the island near the old town. However, due to the absence of space for cargo storage and the shallow nature of the Nyali channel to Tudor, the port was moved to Kilindini which had better ship handling capabilities than its predecessor. Constant efforts to upgrade the port to international standards through computerization programs and drenching to enable it handle the bigger ships have born fruits making the port an important entry point into Central Africa, Uganda, southern Sudan and the east of D.R.C. Picture 3: The Kenya Ports Authority headquarters can be seen in this photo with cranes towering in the background, the Kilindini port is witnessing rapid modernization. Air port Mombasa town is well served for air borne transport by the Moi International Airport at Jomvu beyond Magongo. Its existence has boosted the tourism sector and facilitated the faster transactions between the town and other development partners e.g. Nairobi and 21 other business destinations especially in the Middle East notably, the Persian Gulf areas e.g. Dubai. The town also has an airstrip at Port Reitz area that handles other domestic air traffic and lighter planes. Water and sewerage These are facilitated by the Mombasa Water and Sewerage Company effective December 2003. This followed the passage of the Water Act 2002 and the supporting Companies Act Cap 486 LoK. The town gets her water from four water supply sources namely, 1. The Sabaki line with a capacity of 72,000m3 per day though Mombasa is allocated 40,000m3 from it daily. 2. The Mzima Springs line with a capacity of 35,000m3 per day with Mombasa taking 24,000m3 3. The Marere Line with a daily output of 16,000m3 of which Mombasa takes 3,000m3 of it daily. 4. The Tiwi boreholes which have a combined output of 10,000m3 with Mombasa taking 4,500m3. The company supplies the water through six water supply schemes i.e. Kisauni, Nyali, Island North, Island South, Likoni and Mainland West, all covering an area of some 275km2. Based on the demand v/s supply statistics, as follows: Daily demand = 160,000 m3; Daily supply = 70,000m3 then this translates to just 45% of the demand being met under the current conditions. The balance is covered through boreholes and water vendoring but these efforts are still inadequate translating into time wastage as residents queue fro water and the prices per a 20 Liters container averaging from between 3kshs to 10kshs. Sewer The Mombasa sewer line is rapidly aging having been laid down way back in the 1960’s to cater for a population of only 35,000 people within an area of 105 Ha mainly in the island i.e. Old Town. The other line was set up in mainland west and Kipevu to serve a 22 population of 13,000 people, however the Changamwe area population has since crossed the 200,000 people mark and the town’s population crossed the million marks. It’s therefore obvious that an overwhelming majority of the population doesn’t have any sewer connectivity and hence have to opt to other alternative means like soakage pits and the long drop. Telecommunications Mombasa town is well served by telecommunication linkages. For instance, postal services are well placed through out the town with the major players in the private segment e.g. group4 securicor operational in the area. The Mombasa General Post Office along Digo Road is the biggest in the province and doubles up as the Coast head branch. The telephone segment is taken care of by the three players in the mobile telephone area i.e. Celtel, Safaricom and Telecom wireless though the chord service from Telecom is still operational especially in office networking. The plans for the laying down of the submarine system to connect the East Coast of Africa to the Middle East and Europe are at an advanced stage and the town stands to have her communications sector especially the Internet area revived and re-energized with the internet connectivity charges bound to fall translating to cheaper international communication which is a good thing for transactional activities, academic growth and general growth prospects of the town. 1.1. iv Environment Mombasa town is an environmental fragile area especially as most of the area is below 100m a.s.l. this context when analyzed in the light of global warming and the resultant eustatic changes (changes in sea levels) there is need for concern especially at times of very high tides. The tsunami disaster of 2004 was a wake up call for property developers who has disregard for the sea setbacks. Ecologically fragile areas like the Makupa cause way section along Kibarani – being a reclaimed segment is generally fragile and heavy development on it are not advisable. 23 The maritime businesses have come with another challenge on the environment in that; there is fear about the authorities’ preparedness in dealing with the threat of oil spills. The waste disposal question that pities the Kibarani dump site is another important issue in that, the dump site is an eyesore to the town bearing in mind that its located right at the main gateway into the town i.e. the Makupa cause way. The controversy surrounding the planned move of the site to Mwakirunge and the uncontrolled waste disposal on the estates that lie on the flight path of Moi International Airport e.g. Jomvu and Bangladesh pose a fresh security risk in that the scavenger birds may pose in the path of planes leading to carnages and huge economic losses. 24 2.0 THE MUNICIPAL COUNCIL OF MOMBASA: - A PROFILE 2.1 Background The council was first established as a board in 1928 through the Local Government (Municipality) amendment Ordinance to over see the issues relating to the following: 1. Town planning 2. Schools(education provision) and 3. Housing. The Board was elevated to Municipality status in the year 1959, through the Amendment and Miscellaneous provision Ordinance i.e. KNA/DC,MSA, 1/6, 1959 which also extended the Municipals area of jurisdiction to consider with that of the new District boundary whose division were as follows. 1. Mainland North ( Kisauni) 2. Mainland South( Likoni) 3. Mainland West ( Changamwe ) and 4. The Island (Mvita) all of which presently enjoy constituency status. The first October 1959 amendment that elevated the Board to a Municipal status also created the following offices: An elected mayor, Elected Alder man and Councilors. On 24th July 1963, the council was reconstituted under the Local Government (Municipality of Mombasa) order 1963 to have the following membership:Six Aldermen, 24 councilors of which 18 were elected and 6 nominated by the minister M.L.G. On 28th June 1973, an order was made under which the Municipality was divided into six electoral areas with 24 elected councilors and 6 nominated by the minister M.L.G. The post of the Aldermaic bench was abolished. The Local Government (Municipality of Mombasa) order 1976 made on 10th August 1976 led to the appointment of a commission with a mandate to run the council affairs 25 awaiting its reconstitution. The commission was later dissolved to allow the local Government elections to be held in October 1979. On 25th September 1979, the Local Government ( M.C.M.) order 1979 was made providing for 26 elected Councilors and 8 nominated ones – these were to be drawn from the political parties, professional groups – which have been the Kenya Ports Authority and the Kenya Tourism Board, the other are drawn from the special groups. 2.2 Administrative Structure Administratively, the political / legislative wing of the council is headed by the mayor who is elected from amongst the councilors and must be a sitting councilor whether elected or nominated. This legislative wing is also involved in the running of the council affairs through specialized committees which include:1. Finance and general purpose. 2. Town planning and architecture. 3. Environment. 4. Public transport. 5. Education. 6. Engineering and works. 7. Markets. 8. Public health. 9. Housing developments. 10. Water. 11. Audit. 12. Inspectorate. 13. Housing and social services. The executive / professional wing is headed by the town clerk who is a civil servant and all the transactions carried out by the council are carried out on behalf of the town clerk. He/she heads the professional wing of the council that overseas the day to day running of the council and ensures effective service delivery. 26 2.3 Legal and Institutional Framework The M.C.M. draws its mandate from the Local Government Act Cap 265 of the LoK. Other acts that offer the legal underpinning for the council includes the Physical Planning Act Cap 286 LoK amongst others that operate in relation to the P.P.A and are covered under the section dealing with the P.P.A. – implementation status (section 4.0) For effective service delivery, the Mombasa municipal council is departmentalized. Some of the departments include the following:- The town clerks office This is headed by the deputy town clerk while the town clerk is released to attend to other administrative duties. This section is in charge of the implementation of the council policies, coordinating the council projects and programs, handling the legal matters on behalf of the council and handling matters relating to valuation and Public Relations. The Human Resource Department Headed by a director, the department deals with matters relating to man power inventory and attachments. The town treasurers department Headed by the town treasurer, the department deals with the collection of revenue, management and the handling of council funds and financial accounts and audits. The major revenue sources for the Council include: Ground rates, Parking fees, Licenses fees, Rents, Charges and Local Authority Transfer Funds. Other revenue sources include:-Charges levied for development permissions (building application forms, fees on repairs, plan renewals, hoarding fees, occupational certificates etc.)and Outdoor advertising which is another revenue source for the council and its importance is portrayed by the existence of a fully fledged advertisements section. 27 Housing and social services department This department is headed by a director and is responsible of offering social services to residents. These include: Housing provision, Markets provision and General welfare i.e. through the offering of social halls, sports facilities etc Engineering department This department is headed by the Municipal engineer, and is charged with the responsibility of ensuring compliance with the laid down building standards. Housing development department Headed by a director, the department is charged with the development of housing schemes notably Chaani, Mikindani and Miritini site and service schemes which have been done in collaboration with the World Bank. Currently, the department together with other constituent departments and the Kenya Slum Upgrading Programme is working on the Ziwa La Ngomb’e scheme. Inspectorate department Headed by the director of inspectorate / security, the department is charged with the responsibility of ensuring security to the council’s property and installations. The enforcement of the council by-laws also falls under this department. Planning and architecture department Headed by a director, this department ensures that the infrastructure and developments meet the standards. The department deals with the plan approval process in collaboration with Health and Environmental departments and the district physical planning office – Ministry of lands. The salient features of this department are covered in detail in the section 2.2 ‘The town planning and architecture department in focuses 28 Public Health Department Headed by a medical officer of health, the department focuses on health (preventive, curative and rehabilitative) the department mans a total of 22 clinics. The department also enforces the council health by-laws and is the custodian of the Municipality health information and data. Educational department The department addresses pre-primary and primary education, leaving the secondary education to the Ministry of Education. 2.4 The Town Planning And Architecture Department In Focus Bearing in mind that the urban fabric in the urban world is growing at an unprecedented rate due to raid urbanization partly fuelled by the rural-urban migration, Mombasa’ built up mass and area are a no exemption, hence the pivotal role of the department. 2.4. i Legal and institutional Framework The Physical Planning Act (Cap. 286) Physical planning at the M.C.M. like in other local Authorities derives its legal and institutional framework from the above mentioned act. The physical planning Act Cap 286, LoK became operational on 29th October 1998 effectively repealing the Town Planning Act and the Land Planning Act (the P.P.A. Section 53). The Act strives to avail appropriate spatial frameworks which allow for a harmonious operationalisation of the environmental, economic and social parameters of the society. The path to the P.P.A .Cap 286 has been a long one, spanning through an entire century as follows: The enactment of the Crown Lands Ordinance in 1902, then its amendment in 1915 that provided for land ownership and use for both Rural and Urban areas. In 1926, the Mombasa Town Planning scheme was done and two years later (1928), the Local Government Municipalities Ordinance was enacted, where local authorities’ bylaws were to govern land allocation and use. In the same year (1928), the National Building Codes were formulated and adopted. 29 The Crown Land Ordinance of 1931 adopted a comprehensive planning approach where town planning authorities were created to prepare urban land zoning schemes leading to the preparation of the Nairobi Master Plan in the year 1948. In 1963, a comprehensive land resource management policy was formulated to ensure optimal resource utilization where land as a natural resource was to be conserved and planned for at the national, regional and local levels .i.e., a three tier approach. Three years later, in the year 1966, a cabinet directive led to the incorporation of both Urban and Regional Planning into Town Planning. The Crown Lands Ordinance of 1931 as amended to incorporate the Trust Lands, Public Roads and Access Ordinance to form the 1967 Land Control Act. The Land Planning Act 1968 came as a result of the consolidation of the Town Planning Legislations. In 1996, the Physical Planning Act Cap 286 was enacted leading to the repealing of the Town Planning Act and the Land Planning Act. In 1998, the P.P.A. finally became operational. Other Acts that offer inferential references to the Departments smooth running are detailed below:- The Water Act (Cap. 376) The act empowers the minister to declare certain water catchments areas as protected. Prohibit the disposal of wastes into the water systems and empowers the government to conserve, preserve and control flood waters. The River Authority Act (Cap 443) This act empowers the river authorities to do all that pertains to the protection and utilization of water and soils along the river banks. Agriculture Act (Cap 318) The Agriculture Act contains provisions for promoting agricultural development and it is implemented by the Ministry of Agriculture, Livestock Development and Marketing. The long-term objective of the Act is to ensure the development of arable land in accordance with the sound practice of good land use. It therefore stresses the need for conservation of soil and its fertility and has provisions for soil erosion control. Through these provisions 30 it has the means to control one of the most important pollutants of the Kenyan marine and coastal environment namely, sediments eroded from agricultural lands. By regulating the utilization of different categories of land in Kenya for various agricultural purposes, the Act strives towards the sustainable utilization of land resources, including coastal lands. Forestry Act (Cap 385) It empowers the minister in charge to prohibit the destruction of forest resources and regulate the gazetment, de-gazetment and alteration of forest boundaries. Government Fisheries Protection Act (Cap 379) The Government Fisheries Protection Act is implemented through the Ministry of Environment and Natural Resources. It has provisions for the control and management of certain coastal and marine species such as the pearl oyster and other resources which are threatened with depletion through commercial exploitation. Fish Industry Act (Cap 378) Fish Industry Act has provisions for control of fishing activities and subsequent processing in both inland and coastal waters of Kenya. The act is implemented by the Ministry of Tourism and Wildlife in conjunction with other state organizations. The act has great relevance for the management of the Kenya’s coastal fisheries resources and guards against over-exploitation through over fishing and the use of harmful fishing methods. Merchant Shipping Act (Cap 389) The Merchant Shipping Act which is implemented by the Ministry of Transport and Communication in conjunction with other Ministries is the statute which provides for the control of pollution of the sea by oil from ships. The Act can be considered as the mechanism for regulating the pollution of Kenya’s territorial waters arising from shipbased sources. Wildlife Conservation and Management Act (Cap 376) This act is implemented by the Government of Kenya through the Ministry of Environment and Natural Resources in conjunction with other relevant government 31 agencies such as Kenya Wildlife Service. The act has provisions for the preservation and control of wild fauna and flora. The intention of the act is to ensure Kenya’s fauna and flora flourish naturally in their habitats. Various marine and other national parks apply the act in protecting flora and fauna in their areas of jurisdiction. Maritime Zones Act (Cap 371) The Maritime Zones Act gives the government of Kenya greater rights on the control of marine resources situated within Kenya’s territorial waters as well as Kenya’s exclusive economic zone (E.E.Z). Kenya’s territorial zone and exclusive economic zone extend 12 nautical miles and 200 nautical miles respectively. In these zones the government has rights similar to those applicable on terrestrial environments. The government has rights on the exploitation and development of marine resources and the conduct of research by international research agencies. Therefore, this act empowers the minister concerned to explore this vast resource to ensure environmental soundness of Kenya’s territorial waters. The Continental Shelf Act (Cap 312) The Continental Shelf Act of parliament commenced in 1975. It gives the Government of Kenya rights in respect of the management and exploitation of natural resources of the continental shelf situated within Kenya’s territorial waters. Such rights include the exploitation of fisheries resources, conducting scientific research, etc. The Agriculture Act (Cap 318) It emphasizes the need for land and vegetation preservation for purposes of soil conservation. The Antiques and Monuments Act (Cap 215) It provides for the establishment of national monuments, preserved areas and protected areas through gazettments. Public Health Act (Cap 242) This act prohibits garbage disposal along streets, unplanned housing and noise. It also empowers the authorities to conduct inspections of premises deemed a hazard. 32 The Factories Act (Cap 514) It deals with the health, safety and welfare of factory workers and defines aspects of pollution including particle size and nature. The Mining Act (Cap 306) This act details that miners are liable to rehabilitate degraded lands. It allows for the making of regulations on poisonous or hazardous mining by-products. Local Government Act (Cap 265) The Local Authority Government Act (Cap 265) provides for local councils to establish and maintain sewage and drainage systems. It has also provisions for the construction of water supply systems and measures for the prevention of pollution in urban areas. Coast Development Authority Act This Act provides for the establishment of the Coast Planning Authority to plan and coordinate the implementation of development projects in the whole of Coast Province and the Environmental Exclusive Zones. The Act gives powers to the Authority to plan, coordinate, gather and disseminate information, and to generally manage and develop coastal resources in a sustainable manner. In an effort to avoid duplication of effort and to ensure the best use of available technical resources, the Authority maintains close links with other Government institutions and the private sector. Kenya is therefore well served with legislation to provide for the protection and management of the coastal zone. However, implementation of the applicable statutes has not always been as efficient as the legislators intended when Parliament enacted the legislation. Environmental Management and Coordination Act With the enactment of the Environmental Management and Coordination Act (E.M.C.A.), major developments are now required to undergo an Environmental Impact Assessment (E.I.A.) process. The other legislations that are vital in informing the process / supporting the process are: 1. The Physical Planning Act 2. The Local Authority Act 3. The Public Health Act 33 4. The Water Act (2002) 5. The Water Quality Regulation Act (2006) 6. The Waste Management Regulation Act (2006) The E.I.A. process survey focuses on:1. Dust disturbances 2. Noise disturbances 3. Waste and site security concerns. 4. Provision of adequate space for parking. Other focal areas include:Waste: the specific focus is on the sources of the waste, the nature, management and disposal. Occupational Health and Safety Management Systems (OHMS) The positive and the negative impacts of the developments. In the light of the above legal frameworks, this department has to work in close association with other departments and professionals e.g. engineers, planners, property developers, surveyors, conservationists etc. as stipulated in the Physical Planning Act Cap 286. Part V, 32(2). However as noted earlier, the major legal under pinning of this department are the physical planning act Cap 286 part V, 29. Development according to the Acts Section 3 – interpretation: takes a broad interpretation, in this respect, the developments referred to this department include amongst others:- (i) Sub division plans The focus is on accessibility, compatibility, agreeability between the population numbers vis a vis the available service delivery mechanisms/systems in place i.e. water, sewer, roads, drainages etc. The main considerations for sub-division plan approvals are:Compliance with the existing plan (i.e. development density plans, zoning plans etc) Provision of access roads, service provision etc through a clause that demands the surrender of some land to the authorities at sub-division for the provision of access roads, open spaces etc Plot coverage’s and density amongst others. 34 (ii) Change of user/ Extension of Lease and User The general considerations for a planning brief for such an application include:The planning policy/ zoning policy of the area; if any. 1. The location factors, situational and site analysis. 2. Neighborhood analysis. 3. Infrastructural and social services situation. 4. Land ownership evidence ( by developer ) 5. The size of the property and existing user. 6. The surrounding architecture. 7. Physical analysis of the site conditions. A section on the justification on the proposal often included and factors on the economic and the social impacts envisioned. Common justifications include: 1. The provision of employment during the development phase. 2. Provision of housing 3. Provision of services 4. Provision of additional plots on the valuation roll e.g. in sub-division schemes. A fourteen (14) day’s notification through:-a billboard at the site bearing the location plan and a notification in at least two daily papers. The plan approvals process goes through the checking of rates payment. After this, the proposed plans are circulated to the following:Architecture; checks on the standards compliance. Engineering Town planning; checks on plot ratios, sizes etc. Valuation; checks on plot authenticity. Health; checks on septic tanks, sewer etc. Technical meetings that validates the above approvals. (iii)The planning brief This is a document that introduces the mind set of the intent to plan and the salient features pertaining to the plan. A planning brief’ contents include:Title i.e. the proposed extension / change of user. The property: plot number and location. 35 The client. The other brief contents are. Introduction: this captures the proposal to ascertain the plans degree of conformity with the existing planning standards, regulations, the nature and the character of the neighborhood developments. The terms of reference: This section includes the projects owner, the proposal, the property under consideration, and the specifics of the proposed development. Description of the proposed Development: this captures the project concepts (i.e. what/the nature of the development application), the primary user and the range of activities being considered under the proposal. Presentation of Baseline Information that frames the geographical location, administration and political jurisdiction of the area under consideration and the nature of the economy of the area. Physical data of the General area capturing the geology and soils of the area, topography and the climate. Description of the site that denotes the following:Plot and shape of the area/plot/lot area, topologies and land forms, sensory qualities (wind direction, breeze etc.) Infrastructure and service delivery i.e. Water, sewerage etc. Nature of the surrounding/ abutting developments. Identification of the key points i.e. servicing. Planning considerations that capture the site characteristics conformity with the general character of development. Planning recommendations, capturing the conformity status and recommendations for approval. Annex: This section captures the following:Copy of the changes of user/extension etc. as appropriate. Copy of title deed. Copy of the newspaper that served as public notification. Copy of the survey and deed plan number. 36 3.0 MUNICIPAL COUNCIL of MOMBASA: A SITUATIONAL ANALYSIS 3.1 Water and Sewerage Services The main water sources for the municipality are as follows:The Sabaki line with a capacity of 72,000m3 per day though Mombasa is allocated 40,000m3 from it daily. The Mzima Springs line with a capacity of 35,000m3 per day with Mombasa taking 24,000m3 The Marere Line with a daily output of 16,000m3 of which Mombasa takes 3,000m3 of it daily. The Tiwi boreholes which have a combined output of 10,000m3 with Mombasa taking 4,500m3. The water is supplied by the Mombasa Water and Sewerage Company through the following six main water supply schemes: 1. Kisauni 2. Nyali 3. Island North 4. Island South 5. Likoni and 6. Mainland West, all covering an area of some 275km2. As noted earlier under the section on Infrastructure, the supplies only meet a paltry 45% of the Demand thereby pointing to a shortage. Sewer connectivity in Mombasa is both aging and serves only a fraction of the population. 3.2 Waste Disposal and Management As with any growing town, Mombasa is grappling with the challenges of waste disposal and management. This is aggravated by the fact that the town is yet to operational its newly identified Mwakirunge dump site – which is under contention. 37 The popular Kibarani dumpsite is clearly misplaced because it sits on a reclaimed land (Makupa Causeway), a fragile land segment prone to flooding in extreme high tide. This is an environmental concern bearing in mind that there is segregation of wastes that go into the dump site Picture 4: The burning fires of the Kibarani dumpsite on the main entrance to Mombasa island, the location is an eye sore. Secondly, the dumpsite lies at the main entrance into the island; this makes it an eye sore. The smoke and haze in periods of still wind reduces visibility on the adjacent busy Makupa Causeway making it a near black spot. The climatic changes bring a new threat of devastating weather impacts in times of temperature inversion. Poor waste management is deemed a threat to the general economy of the town i.e. Tourism doesn’t co-exist with such. Secondly, the unmanaged makeshift dumpsites in the estates is a threat to the aviation industry (in the case of scavenger birds colliding with planes) the mushrooming of unplanned settlements along the Moi International Airport flight path e.g. Bangladesh. 38 Picture 5: Photo of the informal settlements at Kwa Jomvu area along the flight path of the Moi International Airport. Solid waste disposal in the settlements if not properly checked can pose a risk to the aviation sector. The question of waste disposal can be attributed to be part of the cause of the perennial flooding in Mombasa. This was evidenced by a spot check on the bridge section along Karisa Maitha road just after the Kiembeni road junction in Bamburi. Figure 1: An in-appropriate garbage disposal site (shaded) at on the stream floor in Bamburi. The garbage disposed in the area shown above, is basically domestic but the issue arises in that the garbage is not segregated and is usually wrapped up in polythene papers for 39 ease of disposal. This poses a real threat of flooding. It should be noted that the bridge section to Kiembeni is generally flood prone. The other eye sore in the town’s waste management is the area regarding grey water disposal. Many residential establishments do not have drainage channels leading to spillages of domestic waste waters to the adjoining streets and access paths. The underground tunnel from Fort Jesus to the Indian Ocean along the Nyali–Tudor channel is notorious for discharging noxious grey waters into the ocean. 3.3 Public Area Designation Much of the land in Mombasa is in private hands, and the land question is a delicate one. This makes regularization of land uses an uphill task to the planners and other development planning partners. In this respect, many areas outside the island e.g. Kisauni lack open public areas like parks as residential developments have taken over and threaten to overlap the few spaces available. Some areas like Bamburi have cases of graves in areas earmarked fro residential developments. This translates to lower land market values and is not a very impressive score on the development indexes. The balanced communities envisioned seem difficult to attain i.e. there are schools or institutions that lack adequate open spaces such that they have to rely on other institutions for extra curriculum activities area. A good example is Mombasa High School. 3.4 Capital Expenditure Priorities Capital expenditure priorities especially the re-carpeting of roads reveals a disparity with Nkrumah Road along Treasury square seeming to enjoy a special status on re-carpeting that has brought it to a new far off ground level surface mark. This is in sharp contrast with other roads in the Municipals jurisdiction e.g. the Kiembeni estate access paths and those in Buxton estate. The old Magongo road is a potential de-congestion road though it’s currently pot holed, dusty and flood prone. 40 3.5 Transport The transport sector in Mombasa is by far un regularized with P.S.V vehicles using a broadcast route identification system, picking and dropping passengers almost anywhere thereby contributing to period traffic snarl ups. Traffic jams along the Nairobi-Mombasa highway ( Road Number A 109 )from the Makupa round about through Miritini estate is mainly as a result of slow moving heavy cargo transporters from the commercial hubs in Tudor, Port Reitz, cargo holding grounds adjacent to the highway and the Kilindini Port. This is largely as a result of mixed user especially in Port Reitz, an area that is undergoing a transformation from residential to commercial. Traffic Analysis The traffic generation cycle in Mombasa arises from the following patterns of traffic/commodity spatial exchange behaviors. To work place/ office/ school traffic Traffic to the above destinations forms the bulk of the general vehicular movement on weekdays, with the peak hours dictated by the movement patterns adopted by this traffic segment; For instance (7am through 9am and from 4pm through 8pm). These time segments are characterized by occasional traffic snarl-ups, presence of traffic police at the danger spots/ road intersection points and higher fares per unit distance traveled when compared with the mid-day fares (e.g. the average mid-day fare from town centre to Kisauni is 20kshs while peak charges are 30kshs). The worst time for traffic in Mombasa town is between 4pm through 8pm especially for the section along the Nairobi highway. This is caused by reasons such as, The times at which this category of traffic hits the roads after the days work are almost similar, leading to sustained traffic flow into the streets and bus stops, the climatic conditions in the town discourage commuter traffic in the usually hot afternoons and evenings, thereby inducing a greater load the vehicular traffic. This is especially true for the estates within a walking distance from the town centre e.g. Kisauni and Mishomoroni. 41 The time of departure for most p.s.v. buses that serve the upcountry traffic is around 4pm and this either by design or accident coincides with the departure schedule of most tracks from their commercial depots in Port Reitz, the Kilindini port e.t.c. these generally move at slower speeds thereby compounding the traffic movement problem in these hours. Lastly, some traffic snarl-ups are stage designed by irate Matatu operators who intend to make a quick kill from rush hours. This is particularly true for the far flung residential areas like Mikindani and Kwa Jomvu. Shopper Traffic This segment though it doesn’t involve specific vehicles, the concern is on the number of passengers who cumulatively land or demand departures, leading to dangerous stopover’s that have become the norm in areas like the Nawal centre and the A-One supermarket frontages. The frontages of these supermarkets have been transformed gradually into pseudo-bus parks. Recreational Purpose Traffic This is the traffic generated over the weekend and during public holidays. Top on the list is the traffic built up witnessed along the Malindi road on the brunching into Pirates public beach. Evenings (5pm to 7pm) are characterized by huge traffic demands as revelers make for home. The problem is gravitated by the following factors:The traffic is not segregated and within pirates the parking is erratic from personal vehicles, Matatu’s and even Lorries competing for parking space. An exit area for vehicles intending to leave is usually a tricky affair. The absence of effective turning points and clearance angles for motorized traffic makes the junction with the Malindi road a black spot in waiting. Trunk Traffic This is the traffic that is forced into Mombasa island (town centre) but has little to do with the town centre. This is true for the vehicular traffic to or from the South coast notably Ukunda and the traffic bound to Malindi from upcountry. 42 Picture 6: Heavy commercial vehicles along the Port Reitz area: The area is undergoing a rapid commercial user succession from the previous residential user. The eyebrow is that, though the change of user application have been gradual, they have reached a threshold that destabilizes the existing transport system that was not initially designed for heavy commercial vehicular traffic especially because the quick route out of the area is through the Magongo residential estate. This contributes to the twin problems of traffic congestion and destruction of estate roads (usually made to accommodate lower tonnage) the poor timing of truck drivers for departure decisions also contributes to the traffic congestion problem. 3.6 Housing Provision Though Mombasa is witnessing a growing real market / construction segment, this is mostly targeting the up-market, chain store developers with big profit margins and the lucrative hotel industry. The other developers targeting the lower echelon property market are mostly owner occupier initiatives. Thus, housing shortage is a problem bearing in mind that the real property market doesn’t respond instantly to changes in demand and is largely buoyed by real – demand justified by the ability to pay for the house/rent, a factor dampened by the biting poverty in some population segments. Serviced home provision remains an elusive dream to many with many houses having to cope up with dry pipes, forced to share toilets and absence of adequate domestic drainage systems, in some areas garbage collection is erratic and run by boy-groups that charge around 20kshs per month for the services – something they do in poor conditions with no protective gear posing a health risk. 43 3.7 SWOT Analysis Strengths / opportunities There are a number of strengths and opportunities for better service delivery and growth in the M.C.M. amongst these include: The presence of a professional body in the Councils departments i.e. the recruitment of planners into the council’s professional inventory is a step in the right direction. The close working and cordial relations between the Council Planning division and the Planning Directorate at the Ministry of Lands is good for developmental planning in the town. The existence of numerous projects and political will to affect them is a great opportunity for the town. For instance, a number of radical projects are in the minds of most development conscious people e.g. The proposed Dongo Kundu by-pass construction. The governments initiative to convert the highway into a dual carriage way. The South Coast (Ukunda) development into an exclusive tourist resort zone. The upgrading of the port facilities to meet international standards. The construction of the East African Sub Marine System (Essay-fiber optic cable project). The recent opening up of Mombasa town to other forms of tourism e.g. sports tourism notably, the holding of Marathon races in the year 2007. and lastly, The proposed establishment of the Lamu Freeport. This will help decongest the Kilindini port as traffic bound for areas like Southern Sudan will not have to use the Kilindini port. Weaknesses / threats All in all, some areas do need to be addressed in order to reinforce the developmental tempo of the coastal town. Some of these are highlighted below: Political Interference Political interference that sends conflicting signals to developers i.e. in the year 2001 Mombasa together with Kisumu towns were declared cities in a presidential directive that 44 turned a political gimmick. This can work to jeopardize investor confidence thereby having a negative impact of the growth and development of the town. Conflicting spatial frameworks within the towns area e.g. the rationale for having the major commodity market at Kongowea thereby making residents of Changamwe make un-called for trips into the town, piling up the traffic load. As with other local governments, the effective running of the Council needs to be delinked from strong executive controls through incorporations of the necessary legislations like ensuring that the mayoral elections are held jointly with the general elections through universal suffrage. This will shorten the accountability chain and uproot empire building in council affairs and politics. The land question in the Coastal town needs to be addressed. This is because; most of the land is in private hands with a unique scenario of absentee land lords. This state of affairs has led to modifications in the towns land market which are at times deviations from the known conventions, this calls for a comprehensive policy facilitated by research to ensure that the law has provisions for dealing with such lest planning in the town will become an overtly exhausting exercise boggled by un-necessary logistics. 3.8 PESTEL Analysis Political As noted above, there exists enough political will to elevate the town to a developmental status of a modern town. However, the political class needs to redirect their will to real resource searching to help attain the town’s broad vision. The citizenry participation levels are still low though the local radio stations are trying to re-energize the debate to hold the political class accountable. Economic Economically, the town has enough potential for growth. The industrial establishments in Changamwe are an engine for the regional economy, the tourism sector is vibrant in the area and the prospects are sustainable. However, there is need to facilitate the real economic growth and development arena through the laying down of the necessary infrastructure for economical growth. For instance, there is need to fast track the 45 unveiling of the towns alternate dumpsite and development plans that are tailor made to act as development engines in the town and its vicinity. Social The social situation is supportive with low crime levels in the town when compared with other towns within the nations spatial frame work e.g. Nairobi. However, the state of education is being jeopardized by the social ills like culture reversals and drug and substance abuse. Technological The technological state of operations within the Council is still fluid. However there have been modest attempts at computerizing the departments, there still doesn’t exist a fully fledged computerized section with the necessary inventories for tracking developments within a growing city. The GIS section is committed more to the tracking of revenue notably, the ground rates. However its existence can be a starting point for further integration of the other town department’s components notably, the Planning and Architecture department, social services department e.t.c. Environmental The environmental frame work needs to be re-energized through the proper solid waste management and the grey water management. This is vital bearing in mind that the tourism sector is pivotal to the town’s economy, and the sector cannot co-exist with a poor waste management system. The emphasis of these needs to be translated into the residential estates and adopted as pillar to the town’s vision. Legal The legal frame work for planning in the town is already in place through the Physical Planning Act Cap 286 and a planning section within the Architecture and Planning Department. On the other hand, the Local Government Act Cap 265 of the Laws of Kenya faces the same challenges. For instance, the local authorities are still legally bound to the executive arm of the Government since the Minister of Local government has a great degree of say in the matters of the local government. The process of the election of mayors has also in recent days drawn its considerable degree of debate with the general 46 feeling being that the mayor should be elected directly by the citizens to address the real problem of political empire building in service delivery. 3.9 SUCCESS STORIES / BEST PLANNING PRACTICES The partnership approach to tackling planning challenges is a major success in the M.C.M. jurisdiction. For instance, some of the best planning practices witnessed were:- Site and Service Schemes These have been done in partnership with the World Bank (W.B) in residential estates like Chaani, Miritini and Mikindani of which the last two are major success stories. The two estates have evidence of well planned and balanced communities, with good access roads, educational centers with adequate spaces, public land uses like social halls, churches and mosques etc. the Chaani case is testimony to the notion that established unplanned settlements can be a major challenge at regularization. Presently, there is an undergoing program in the Main land East at Ziwa la Ngombe which is a partnership between the MCM and the KENSUP program an initiative of the UN-HABITAT. Such working partnerships between organizations and the authorities need to be reflected and strengthened even on the grass roots level. For instance, an excellent citizenry organization was witnessed at the Jomvu Kuu area (mission) on L.R. No 162. In this case, the citizens had developments committees that champion the subdivision process and are a custodian of the areas plan. The other area with exemplary grass roots organization is the Allidina plot – an upcoming middle class residential area. Picture 7: Private conservation efforts at the Allidina plot in Kwa Jomvu; the area is an upcoming middle class residential estate. 47 This section had a good out lay planning and orderly development save fro official planning, a few unobserved corner truncations and incidents of building under the power way leave. These slight anomalies need to be corrected early before they get established and hence expensive to regulate. Amenity Green The concept of Urban Greenery/ amenity green is employed at the Bamburi’s Haller Park to excellent standards. The parks landscape and morphology are recommendable since apart from acting as a conservation centre, it doubles up as an active urban heat and carbon sink. The other amenity green locations are found at the Burhania Park outside the Municipal Council of Mombasa building, the section along the Mama Ngina drive and the Changamwe round about stand out as exemplary amenity green locations within the Municipals jurisdiction. Picture 8: The Changamwe round about: - a success story in Amenity Greenery. Traffic Segregation Mombasa town planning section have won the war on the need fro traffic segregation, buoyed by the fact that certain sections of the town are perennially free from excessive P.S.V. vehicular traffic e.g. the Nkrumah Road, the Makadara Road and to a lesser extent the Haille Sellaise Road. The status quo needs to be maintained. The tunnel across the Mombasa – Malindi road just before Nyali Bridge after the Buxton junction is another traffic segregation success story. This tunnel offers speedy and safe access fro pedestrians including school going children who use the tunnel especially those from M.P.Shah School. 48 Market Stalls The plan of the renovated Mwembe Tayari market stalls is a success story. The best planning practice in this area include: The provision of access paths and the provision of service lanes all placed in a grid square pattern. This allows for ease access and exit through the stalls. 49 4.0 M.C.M: THE PHYSICAL PLANNING ACT CAP 286, LoK –Implementation Status. Having discussed the more salient features of the act in the preceding sections, this area looks at the challenges in the implementation of the act. 4.1 Challenges Due to the rapid growth rate of Mombasa town, there are a number of issues that arise especially in regard to the attainment of orderly, harmonious, balanced, convenient and safe habitants. Such issues, normally evade the public scrutiny either due to their small scale, lack of will to address them or because of the general absence of specific legislation or capacities to tackle them. These can be summed up as the emerging issues though hereby handled under the challenges and include the following:- 4.1. i Rapid Urbanization Mombasa town, like most developing world cities is experiencing rapid urbanization fuelled by the pull-push factors in the town and rural areas respectively. The educational system, skewed developments in urban and rural areas etc. are partly to blame for the inflow of immigrants from the outlying hinterlands. This puts a strain on the service delivery mechanisms and systems as demand rapidly outstrips the supply. 4.1. ii Urban Sprawl This phenomenon of the spread of the urban establishments out of the known jurisdiction of the urban areas is also evidenced in Mombasa Municipal Council. Developments in the far flung areas like Mwakirunge, areas along the Malindi highway towards Mtwapa pose unique challenges e.g. Ribbon developments, creation of huge traffic pockets etc offer technicalities I service delivery especially the water reticulation networks, sewer system, garbage collection and even electric supply – translating to higher costs of servicing since the leap frog developments generally have low economic attractiveness and low social coverage scores. 50 4.1. iii Urban poverty and Established Informal Settlements The poverty cycle that incapacities citizen’s effectively in real investment is a concern in Mombasa town. Poverty together with other factors like the land tenure system (tenancy at will) fuel the rise of unplanned settlements. Some of the unplanned settlements have been around long enough to affect the budget margins of regularization. 4.1. iv In-appropriate Technology Though the MCM has a GIS section, this is mainly dedicated to tracking the tax roll especially the rates. The planning division doesn’t have recently digitized maps fro Mombasa as yet. The plan searching process is a dreaded affair due to the absence of a central computerized data base, and an inventory for the plans approved, the zoning plans etc is still a draining process for its largely manual. 4.1. v Inadequate awareness of the Planning Legislation The awareness levels regarding the planning legislation and development application seems to be restricted to the island and the multi-million property developers segment. Most regions outside the island are characterized by developments that either don’t have approved plans or disregard the plan configurations. ( this is evident from the nature of complaints that arise from the adjoining users ) aspects of setbacks, the minimum frontages, observance of building lines, access roads etc. score the lowest and form the bulk of the complaints that are forwarded to the M.C.M. 4.1. vi Inadequate Capacity to Implement. The Physical Planning Department of the M.C.M. is stretched in terms of manpower. Whereas the Architectural division of the town has inspectors in charge of specific areas within the Municipals jurisdiction, no section has a planner attached to it. The department also has inadequate inspection facilitation e.g. vehicles necessary for the smooth administration of their duties. 4.1 .vii Land Use monitoring Along the Kisauni Road, a makeshift livestock holding ground and dumping site on the pedestrian pavements does exist. The livestock holding ground in the heart of 51 commercial/ residential area poses a danger to human health in the case of communicable diseases and is deemed a pointer to the need fro a livestock market in Mombasa. A locational map of the area in question is shown below: Figure 2 : The location of an existing livestock holding ground within the commercial zone of Mombasa town. The other land use becoming rampant is whereby land is used as a market fro building materials notably sand. For instance, along the Malindi road next to Jocham hospital. A locational map of the area is shown below. Figure 3: The location of an upcoming building materials market opposite Kongowea Market. 52 4.2 THE WAY FORWARD There is need to harmonize the EMCA and the PPA to avoid developer disturbances. There are situations of misunderstandings on what really requires the EIA process PPA Cap 286, Section 36 defines that developments requiring the process do not include residential establishments. The conflict in the process has at times halted the pace of development and therefore a greater justification for the harmonization of the two acts. The plan approval process needs to condensed into a one-stop shop affair, to avoid the lapses in time that translate into high development costs. This is important in that, development players in the sector e.g. mortgages like the Housing Finance are adopting approaches and products that point into that general direction. The other justification for this approach is that housing development is generally an expensive affair and mostly funded through loans whose approval delays translates into expensive ventures with development lapsed times. The roads re carpeting decisions need to be reframed to coincide with the need to promote planned settlements. For instance, when the planned estates e.g. Kiembeni and Buxton have their access paths in pathetic conditions and seems to be no direct incentive to the population to adopt the planned settlements and balanced communities approach. The traffic congestion problem in the city i.e. at the Barclays round about can be addressed by diverting traffic through the Saba Saba route from the Bamburi road especially traffic bound for docks should only be allowed into town center at off peak hours. The timing of tracks leaving their commercial bases for upcountry needs to be regulated to avoid hem having the same timing as with that of peak hours traffic or when the P.S.V. buses are leaving town ( usually from 5pm through 7 pm). The tracks may be allowed to leave en-mass at mid day hours as a short term solution pending the completion of plans to built the Dongo Kundu by-pass that may take care of the track mass that originates from Port Reitz commercial hub, or the full commissioning of dual – carriage way on A109. The traffic question in the town centre can be dealt with through radical measures especially those meant to deal with trunk traffic (traffic that is forced into the town centre 53 but has little business in the centre) This is true for traffic bound to the South Coast (Ukunda) – the Dongo Kundu by-pass operationalization will re-direct this traffic segment appropriately and offer an exist route for track traffic that emanates from the Port Reitz commercial hub. Traffic from upcountry to Mainland East and Malindi may in future not need to get to the town centre. This can be attained through the operationalization of the Tudor ring road from either Makupa Cause way or from the Saba junction. A mini bus-stop may be established at the Tudor stage ( Kaa Chonjo ) to handle needs of passengers bound for the town centre, as a mean time approach pending the construction of the proposed Kibarani Upcountry bus stop. The parking question remains a thorny one as the parking of buses and other p.s.v. vehicles along the roads and in petrol stations (in the Jomo Kenyatta avenue and Bondeni area) remains a major concern especially in case of petrol station fire accidents. This is true for the Bondeni and Mwembe Tayari parking bays that double up as petrol stations. Based on the lessons from the Chaani site and service scheme, there is need for the planning authorities to fast track the unplanned settlements regularization process since established unplanned settlements come with overhead social, economic, logistical and even political costs. On the same case study, there is need that future settlement upgrading programs draw from the lessons of past experiences. Proper planning and servicing of a scheme can be effectively done by following the laid down procedures i.e. A cadastral survey is done aided by aerial data capture that is verified on the topological maps to omit deviations and parallax due to photo capture angles, followed by planning. Next is the need to ensure that utilities are laid in accordance with the cadastral lines. If such a planning sequence is not followed, there may result shifts which in turn result in undetermined land user, the other reason behind squatter settlements. The challenges encountered in this scheme included: The planning process preceded a cadastral survey thus problems emerged. Enforcement of development control and regulation: In this case, the area’s houses were intended to be family houses with designs after the Swahili ones but as of now there are storied developments have emerged created a stress on the service delivery systems 54 and the access paths due to greater traffic. Such implementation lapses need to be avoided in future to ensure the creation of envisioned community designs. There is need to establish a development monitoring section that shall identify the potentials of the various development areas and monitor them through the submission of change -of -user applications, sub-division applications etc, to help understand the pointers to which developments head. In this case, areas with exemplary grass roots organization like the Allidina plot – an upcoming middle class residential area that straddles the Tudor creek is in need of a plan to regularize the general development sense portrayed by the residents through access roads. The challenges here include: -A few unobserved corner truncations, incidents of buildings under the power way leave and a general absence of public open spaces. These slight anomalies need to be corrected early before they get established and hence expensive to regulate. Based on the cultural inclination of Mombasa through the years buoyed by the Swahili culture and the community living sense through the Majengo styled houses (Swahili villages), the necessary cultural good will exists for the adoption of community design especially for the low and medium class residential areas .e.g. the Mikindani lay-out plan is community design and has been a success. On the back drop of the culture of the Coast, selling community design may not be a head ache. There is need to fast track the digitization of approved plans, the zonal plans and other plans approved in the M.C.M. Computerization of the planning and Architecture department is long overdue and needs to be addressed as a matter of priority. Plan searches are a time consuming affair. There is need for the establishment of an inventory on the developments in Mombasa and the establishment of a central database of plans to facilitate in effective service delivery, verification process and general conformity with the existing global trends. There is need to employ more planners to tally with the number of architectures to ensure that each inspectorate area is assigned to at least one architecture and one planner for effective coordination and to ensure all round inspections. This will also enable the Council to speedily and effectively compensate for the ‘lost’ years that saw developments 55 without proper planning due to the absence of legislative frame works which only became operational in 1998, with the passage of the P.P.A. Cap 286 of the Laws of Kenya. The slowly emerging challenge of Urban sprawl needs to be addressed through collaborative frameworks amongst the Local Government authorities that border Mombasa e.g. at Mazeras - Mariakani and Mtwapa areas. This is because the outlying towns are having serious traffic and material exchanges with Mombasa. The decongestion of Changamwe area is bound to bring Mombasa’ developed mass closer to Mazeras. Such a challenge calls for an early consideration of a Mombasa metropolitan plan to develop a plan for Mombasa, Mtwapa, Mazeras – Mariakani and Ukunda; this will inform developments that are orderly and on generous land masses which can be attained by the development of infrastructure (e.g. by-passes) that shall serve as incentives against the congestion being witnessed in most areas, by opening up new development frontiers. The M.C.M. may consider information dissemination to the citizen groups, developers, contractors etc in order to sensitize them on the need for development applications and the provisions contained in the P.P.A. Cap 265 and other related acts of parliament that offer a working framework for appropriate development. The M.C.M. may partner with other service delivery institution e.g. the water board, Kenya Power and Lighting Company etc. to ensure that service delivery in development portal areas are tagged to the submission, approval and to detail implementation of plans. This will help tame errant developers and curb service delivery shocks. The M.C.M. may consider evaluating the viability of the installation of a rapid metropolitan rail shuttle system to address the peak loads of traffic from the island to the other outlying towns e.g. Changamwe, Jomvu, Mikindani, Miritini, Mazeras through Mariakani as a short time solution pending the full development of the dual carriage way that’s expected o ease the traffic along the Mombasa – Nairobi highway. 56 Lastly, there is need to develop the Planning section to a fully fledged Department, this will enable more funds to be allocated to the planning processes within the council. This is the trend in the nation i.e. The Nairobi City Council and the Kisumu Municipal Council are already traveling the path. 57 5.0 THE CHANGAMWE ZONING PLAN - A Case Study 5.1 Introduction Changamwe division of Mombasa Municipality lies on the area generally referred to as Main land west. Formerly in the Mombasa district, it is now found in the newly formed Kilindini District. The main user in the area is industrial, housing (residential) amongst other support land uses. However, the industrial density in the division is greater than in any other single division in Kenya. The main industries in the Division include:The oil refinery. The Kenya united steel company. The Kenya meat Commission. The Kenya petroleum refinery limited etc. CHANGAM WE ZO NING PLAN AREA N W E 2 0 2 4 Kilo meters S Map 3: The Changamwe base-map depicting the zoning plan area. 58 The division also enjoys the facilities of an international sea port i.e. The Kilindini port, an international airport i.e. The Moi international airport and an airstrip at Port Reitz. The area is served by the Mombasa-Nairobi road. Other opportunities expected to boost the communication links in the area are the expected operationalization of the East African Submarine System (Essay) project which players in the sector project that it will significantly lower the costs of communication on the international and local switchboards. These factors amongst others have served to propel Changamwe division to be an unrivaled industrial hub in Mombasa. Changamwe division spans an area of 54.5 km2 with a population of 173,930 people translating to a population density of 3,191 people/ km2. Residential estates in Changamwe include:-Mikindani, Miritini, Chaani, Jomvu, Magongo, Migadini amongst others. There is evidence of commercial and industrial land uses edging out the residential estates notably in the Port Reitz, where the commercial land uses are rendering residential land use uneconomical leading to the gradual succession. 5.2 Plan Justification The need for a zonal plan for Changamwe is justified against the backdrop of increasing population in Mombasa City through the years. The Island is already compactly populated and the population rends to follow the mainland areas of Changamwe and Kisauni due to excellent links with the hinterlands; Population densities are also rising in Likoni but the natures of such rise are not as high. According to the 1999 Population and Housing Census, the population of Changamwe division stood at 173,930 persons distributed all over the locations and sub-locations of the division. Table 2: Population and population density in Changamwe. Size (Sq. km.) Population (1989) Population (1999) Density (Sq. Km.) 54.5 113,469 173,930 3,191 The industrial establishments in Changamwe have served to act as full-factors to wards population, this population rise has out stripped the rate of service delivery resulting to stress on the existing infrastructure. With this realization, prior planning through the 59 anticipation of population changes and trends to custom design development is important to help minimize the bottlenecks that come with reflex planning. Formerly planned areas in Mikindani and Miritini, through the site-service schemes in collaboration with the world Bank reveal evidence of well balanced, healthy communities important for several developments and the attainments of overall planning goals of achieving order, convenience, harmony, aesthesis, safety/scantily and compatibility. 5.3 Survey Objectives The study at Changamwe focused on the following broad objectives: 1. To identify the existing land uses 2. To identify the missing land uses 3. To identify the challenges special to each use 4. Best practices in places 5. To identify areas requiring battery 5.4 Methodology of the study The twin planning teams (from the Ministry of lands – Planning and the town planning department of the Mombasa Municipal Council) teamed up for the success of the exercise. The methods employed to capture data included: 1. Cross-checking the existing land uses against those captured/projected in previous advisory plans. 2. A map print-out of most recent land uses, and contours that aided the teams’ navigational process and date pinning. 3. Observation of the salient features, opportunities and flows 4. Focus group discussions e.g. at Jomvu Mission Area 5. Key informant interviews e.g. Bahati area. 6. Still digital photo capturing of salient land uses 7. On scene brainstorming sessions to aid internalization 60 Picture 9: An on-scene brainstorming session at Kibarani. 5.5 The study Log This section systematically captures the planning teams’ activity log from the on-set of the survey to its completion. (26th February 2008) (a) Kibarani area The Kibarani area is presently occupied by the industrial user though initially ear-marked for residence. Economic and environmental forces may have served to produce the shift. Kibarani dump site next to the ocean is un-deniably an eye-sore as it lies on the main gateway into the Island. The Makupa causeway needs a facelift and a buffer as the main road and rail arterial links cross here. Ecologically and geologically this mainland-island land link is fragile and a user that will signal transition needs to be in the thought. (b) Changamwe area This area is the industrial hub of Mombasa and a major commercial center housing most of the track, ocean and oil traffic. Notably, the Bahati area – a residential user lacked sewer connection, proper waste disposal, proper drainage and access roads of which the Changamwe Adventist Primary School was the biggest casualty. Unapproved developments were spotted and some developments were soon to be taking place without the necessary safeguards to protect the citizens from the perils of construction work. The 61 area of Bahati bordering the railway line is undeveloped with tall natural trees, this is important to serve as an urban being in the heart of industrial establishments. (c) Mikindani area The area portrays evidence of planning with servicing is a tarmac road, electricity and water supply. Educational land use is evidenced e.g. by:1. The Islamic teachers training college. 2. Amani primary school (M.C.M.) 3. Kwa Shee primary school 4. Mikindani primary school 5. Kajembe high school 6. Yale academy (private) Public purpose land uses identified in the area included:1. Catholic archdiocese of Mombasa-Mikindani parish 2. Masjid Noor mosque 3. The seventh day Adventist church 4. Mikindani social hall. Despite the good balanced community design evidenced in the area, the following challenges were observed:-facts and poor Locational decisions of service stations (petrol).the maporomoko area in Mikindani is informal and developments risky. This area overlooks the Tudor Creek and needs to be planned with a conservation mind for the mangroves (mikoko) along the Tudor creek. (d) Allidina plot This is a case of prime land in its development stages though no formal planning has been done, the overall village design is overwhelming, however, way leaves, access roads and corner truncations are not observed. The plots are 42m × 16m wide way above Mikindani’s minimum of 12m × 18m. The land ownership and transaction system stands in the way of development approval especially at the valuation stage. Public users e.g. playground, social hall etc need to be accommodated. 62 (e) Jomvu mission area The Jomvu area it shares a lot of surprises with a waster reticulation network in place, street lighting, tarmac road a social hall primary school, mosque, church and a miniclinic. The Muslim section in Jomvu also has a cemetery, a mosque. The Jomvu mission section Land Registration Number 162 has a subdivision scheme in the pipeline and the area, with a development process of the, with a development committee operational. a road section that joins Jomvu to the main arterial road network is clogged by turning tracks and road side litter fires leading to un-called for traffic snarlups with economic costs. 27th February 2008 (f) Vijiweni area - Beyond Miritini This area lies along the old Mombasa road which has since become density. The topography of the land is rolling and with few trees. a quarry is active at the slopes of the ‘Msitu wa Kaya’; the residents confirmed that a large section of the area was formally land belonging to the veterinary services department centre which has since been developed and vandalized. The livestock’s holding ground was also located in this area. (g)Miritini B A settlement scheme by the Ministry of Lands is already in the final stages pending the issuance of allotment letters. This scheme boarders a seasonal stream and the World Bank site – service scheme which is another success story of intervention measures. Residential flats for the middle do dominate the landscape. Facilities in the area include: 1. The Marben School 2. Miritini Secondary School 3. A health centre 4. A play ground 5. World bank funded Primary school 6. Churches (Redeemed Gospel and catholic) Other users includes: -The K.P.C. residential flats, the vehicles inspection unit and the AGRO centre, with good buffering 63 Generally the area is fully serviced. (h) Magongo The old Magongo road – condition is pathetic with pot-holes, dusty section and is generally flood prone. This section through abandoned/ignored, is vital for an alternative traffic access. Informal settlements next to the airport fence were observed The road section through Bomu-Mkomani Hospital in Magongo was characterized by tracks parking and heavy track traffic. Along the airport main entrance road beyond the customs residential flats is unplanned and informal settlement are present, raising security concerns. (i) Port Reitz The area portrayed a conflicting user in that residential area exists back to back with track parking. The area is serviced and houses the Port Reitz District Hospital, the Kenya Medial Training College Campus and the road linking it to Migadini i.e. currently being re-carpeted. Towards Changamwe, the World Bank site – service scheme at Chaani – Migadini is serviced however, though initially meant for the low income group; the middle class in fact is evident. Generally, Chaani scheme is a fair success when compared to the Mikindani and Miritini success stories. The Kenya Ports – Kilindini harbor route is sand witched by the Export Processing Zone plot much of which falls under the high voltage power way leave, the railway/highway class A road reserve on the side bordering the ocean and the Kalahari slum to the mainland. 5.6 Analysis From the observations made during the reconnaissance study is evident that the presence of slums e.g. Bangladesh in Jomvu, Maporomokoni in Mikindani and Kalahari are a pointer to the twin challenges of a housing shortage and a degree of economic incapacitation. 64 The successes if World Bank site – service schemes in Miritini and Mikindani made the Chaani experience pale. This implies that for such schemes to realize their full potentials, and then the interventions need to be made early enough before the informal settlements get established and defy regularization. The existence of parking and loading bays without enough clearance angles to the highways and access routes pose a challenge to traffic movement in Miritini and Jomvu areas. Buildings and perimeter walls that do not observe corner truncation have also contributed to the problem. Trunk traffic and Track movement through residential areas e.g. in Magongo and part of Port Reitz worsen the problem effective traffic flow. Changamwe area though highly industrialized, buttering is not at the acceptable standards. The Kibarani dump site is an eye-sore bearing in mind that it sits at the main gateway into the island.\ Many developments disregard the aspects of compliance with the established guidelines amongst them, access roads, way leaves, easements, set backs, protecting of the public from the dangers of construction sites and plan approval. The problem of plan approval is partly to be blamed to the land tenure system which locks out most developers from the plan approval procedures. The area terrain though gentle roving, there are exceptions e.g. at Maporomokoni which is a steep slope of land with unstable gradient. The old Magongo road junction with the main road (Mombasa-Nairobi) is generally flat that there is periodic flooding during the rainy season evidenced by a marshy ground. The areas in service delivery that need re-addressing are the water reticulation network, estate waste disposal and the state of secondary roads dubbed ‘old roads’ e.g. old Magongo road. 5.7 Challenges and Opportunities The Tudor creek and Port Reitz section water fronts are operating below that tourist attraction potentials. Conservation efforts of the mangroves forests at Tudor creek are the options available. 65 The heavy co-operate presence in Changamwe can serve as a momentum to aid the face lifting of the area through development partnerships or through co-operate responsibility strategy. Development in the area need to be encouraged to follow a healthy spread out approach than linear or concentrated patterns; ad focus on safety, convenience , compatibility, aesthetics and order to maintain the general attitude towards the entire town. 5.8 Recommendations From the analysis and observations, the following recommendations were made: There is need to intervene in the slum upgrading early enough to ensure realization of the overall objectives to minimize below per outcomes e.g. Chaani. Information dissemination and capacity building should be prioritized to ensure support and incorporation of pro-active citizen groups; e.g. the case in Jomvu mission and Allidina plots through rigorous stakeholder involvement. Picture 10: A cross-section of the participants following the proceedings of the first stakeholders meeting on the Changamwe zoning plan at the Mayoral chambers on 2nd April 2008. The importance of development plan approval should be made known to the public. 66 On erratic transport, everything should be done to discourage truck movement through residential estates, decongestion of traffic snarl-ups can be minimized by the opening up of alternative access roads and observance of the reserve regulation. Buffer zones should be encouraged under best-practice between the varying land users notably industrial and residential. Riparian reserves and butter zones to be implemented in the areas adjacent to Kibarani and Tudor creek areas. Hierarchical street layout with adequate access road widths and greater clearance angles to be observed since the population and population densities are on an upward swing. The question of mixed tenancy needs to be addressed with urgency. Other developments in the line with the physical planning regulations regarding centers with populations above 200,000 like Changamwe (projected) need to be factored in development proposals i.e. A fire station, a bus station, a branch library, sports/recreational area and a market. 5.9 Conclusion From the Changamwe zoning plan case study and spot checks through the residential estates, Changamwe division offers invaluable lessons for salient features assessment since it’s the hub of all the major activities that dot the M.C.M. jurisdiction from residential and commercial to public land uses and industrial. The major challenges facing the Mombasa populace are:The squatter problem fuelled by the tenancy at will system of land tenure. The question of absentee land lords that impacts negatively on development. Waste management and disposal, Periodic traffic congestion, Conflicting land uses and Low levels of awareness especially with regard to the P.P.A. leading to endless complaint petition at the M.C.M. etc. These challenges are well manifested in Changamwe. Thus, the salient features for the M.C.M. assessment are derived from the lessons and observations from Changamwe though other lessons are garnered in other areas especially those of unique character. 67 The strategic place of Mombasa as a gateway to East, Central and Southern parts of Northern Africa needs to be reinforced through coordinated growth of the town. Changamwe area remains the industrial hub and engine for development in Kenya and her neighbors; through zoning plans etc. Generally, the town’s economic potential is not yet fully developed and therefore has greater leverage for development once the necessary socio-economic, political and cultural infrastructures are put in place. Compared to Nairobi, home to some three million Kenyans and contributing well above 50% of the nations G.D.P, Mombasa with its strategic location, international trade infrastructure, tourism industry portals and home to a million Kenyans the town should not find it hard to generate at least 20% of the Nations G.D.P and above. The existing anomalies in development infrastructure distribution need to be checked to ensure that the primate city phenomena of Nairobi doesn’t eat into the regional economies thereby having a boomerang effect on both the means of production and per ca pita outputs of the nations population. 68 References 1) Mombasa; Gateway to Kenya 2007: A publication of the Mombasa Municipal Council 2007. 2) The Physical Planning Handbook. 3) The Physical Planning Act Cap 286 LoK. 4) The Preliminary Shanzu zonal plan. Annex 1. Summary of Weekly Activities through out the attachment period:Week One: Orientation Program at the M.C.M. and general briefing. Review of Environmental Impact Assessment reports. Drafting a table of activities through the attachment period. Week Two: Assessment of the planner referred aspects on the E.I.A. reports. The salient features of the planning process, planning briefs, planning codes and colors. Review of the physical planning handbook and its application on the field planning experience. Week Three: Briefing prior to the Changamwe zoning plan reconnaissance survey. The Changamwe zoning plan reconnaissance survey and the compilation of a preliminary survey report on the plan area. Week Four: The plan circulation process, consolidation, subdivision and change of user processes. Week Five: Secondary data collection and reporting on:Site and service schemes. Policy and legal frameworks relating to planning. 69 Developing a Changamwe industrial inventory to facilitate the zoning process in the initial stages of land use identification. Week Six: The technical meetings stage of plan approval process and the salient features pertaining to the stage were internalized to detail. Week Seven: Identification of the salient features and characteristics for preliminary report for the Changamwe zoning plan in preparation for the first stake holders meeting. Facilitating the successful 1st stakeholders meeting through data organization, chart preparation, photo gallery lay-out and facilitation throughout the exercise by providing the terms of reference for the sector working groups, processing zonal plan area digitized base map requests from the participants and handling offset reactions from cross the participants. Week Eight: Consolidation of the stake holder’s inputs and the terms of reference in a preliminary report emanating from the first stakeholders meeting which were to form the basis for operations of the second stakeholders meeting. Assessment and summation of the attachment. An appraisal of the attachment tenure was also done at the Municipal Planning Director’s office in the presence of the deputy Director, and other planners from the Municipal where a positive output was appreciated. Attended a ‘Tax incentives in the housing sector’ organized by the Kenya Revenue Authority in conjunction with the Ministry of Housing at the Mombasa Beach Hotel. 70