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MASENO UNIVERSITY

SCHOOL 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.

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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.

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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.

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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”.

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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.

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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

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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

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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

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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

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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).

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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

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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.

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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

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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.

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Table 1: Population densities by Division in the M.C.M. source; the Shanzu zoning plan.

DIVISION SIZE POPULATION POPULATION POPULATION DENSITY


(sq. (1979) (1989) (1999) (Sq. km.)
km.)

LIKONI 51.3 39,665 67,240 94,883 1,850

ISLAND 14.1 136,140 127,720 146,334 10,379

CHANGAMWE 54.5 81,348 113,469 173,930 3,191

KISAUNI 109.7 79,995 153,324 249,861 2,278

TOTAL 229.6 336,148 461,753 665,018 2,866

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.

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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

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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.

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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.

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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 rural-
urban 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.

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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.

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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

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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

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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.

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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

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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.

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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.

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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

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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’ by-
laws were to govern land allocation and use. In the same year (1928), the National
Building Codes were formulated and adopted.

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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 ship-
based 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

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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.

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(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.

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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.

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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.

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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 stop-
over’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.

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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.

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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

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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 de-
linked 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

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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 sub-
division 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.

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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.

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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.

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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.

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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

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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.

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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

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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.

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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

W E

2 0 2 4 Kilo meters S

Map 3: The Changamwe base-map depicting the zoning plan area.

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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 Population Population Density
(Sq. km.) (1989) (1999) (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

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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

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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

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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.

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(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 mini-
clinic. 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 snarl-
ups 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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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