Ad Hoc Committee Report - Revised Final 27.08.2024 1
Ad Hoc Committee Report - Revised Final 27.08.2024 1
(AAK)
(MCDF)
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
THE SECRETARIAT
S/NO. NAME DESIGNATION SIGN
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
TABLE OF CONTENTS
AD-HOC COMMITTEE MEMBERS ................................................................................................... ii
LIST OF MAPS.......................................................................................................................................vii
LIST OF TABLES .................................................................................................................................. viii
LIST OF FIGURES ..................................................................................................................................ix
ACRONYMS............................................................................................................................................ x
EXECUTIVE SUMMARY ......................................................................................................................xi
CONCEPTS AND DEFINITIONS ..................................................................................................... xiv
PART I ...................................................................................................................................................... 1
1.1. INTRODUCTION ....................................................................................................................... 1
1.1.1. Appointment of the Ad-Hoc Committee ......................................................................... 2
1.2. TERMS OF REFERENCE ........................................................................................................... 3
1.2.1. Ad Hoc Committee Terms of References ......................................................................... 4
1.2.2. Specific functions ................................................................................................................ 4
1.2.3. Ad-Hoc Committee deliverables ...................................................................................... 5
1.3. METHODOLOGY ...................................................................................................................... 5
1.3.1. Review of the Terms of References (ToRs) ..................................................................... 5
1.3.2. Preparation of a Work Plan................................................................................................ 5
1.3.3. Literature Review ................................................................................................................ 6
1.3.4. Site Visits .............................................................................................................................. 6
1.3.5. Stakeholder Engagement ................................................................................................... 7
1.3.6. Final Draft Report ............................................................................................................... 7
1.3.7. Presentation to H.E the Governor ..................................................................................... 7
PART II ..................................................................................................................................................... 9
2.1. LITRATURE REVIEW..................................................................................................................... 9
2.1.1. The Sustainable Development Goals .................................................................................... 9
2.1.2. The New Urban Agenda .......................................................................................................... 9
2.1.3. Kenya Vision 2030 ................................................................................................................... 10
2.1.4. Makueni County Vision 2025................................................................................................ 10
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2.1.5. Makueni County Physical and Land Use Development Plan (2019-2029)..................... 11
2.1.6. Makueni County Integrated Development Plan (2023-2027) ........................................... 11
2.1.7. The Constitution of Kenya, 2010 .......................................................................................... 12
2.1.8. The County Government Act, 2012 ...................................................................................... 12
2.1.9. The Physical and Land Use Planning Act, 2019 ................................................................. 12
2.1.10. The Urban Areas Act 2011, (Amended 2019) .................................................................... 13
2.1.11. The Urban Areas and Cities Act Regulations 2022 .......................................................... 13
PART III ................................................................................................................................................. 15
3.1. THE PROPOSED MBOONI-KEE MUNICIPALITY ........................................................... 15
3.1.1. Location ............................................................................................................................... 15
3.1.2. Administrative Units ........................................................................................................ 15
3.1.3. Major land-marks within Mbooni-Kee Municipal Boundary ................................... 17
3.1.4. Urban Nodes ...................................................................................................................... 18
3.1.5. The Biophysical Environment of the proposed Municipality ................................... 19
3.1.5.1. Relief and Drainage .................................................................................................. 19
3.1.5.2. Geology and Soil ....................................................................................................... 21
3.1.5.3. Climate ........................................................................................................................ 22
3.1.5. Bio-diversity and Ecosystem ................................................................................................. 22
3.1.5.1. Vegetation.......................................................................................................................... 22
3.1.4.2. Wildlife .............................................................................................................................. 23
PART IV ................................................................................................................................................. 24
4.1. CRITERIA FINDINGS ............................................................................................................. 24
4.1.1. Criteria 1: Population threshold for the proposed Mbooni-Kee Municipality....... 25
4.1.2. Criteria 2: Planning and Development Control ........................................................... 26
4.1.3. Criteria 3: Demonstrable revenue collection or revenue collection potential......... 29
4.1.4. Criteria 4: Capacity to generate sufficient revenue to sustain its operations .......... 33
4.1.5. Criteria 5: Capacity to effectively and efficiently deliver essential services to its
residents as provided in the First Schedule of the Urban Areas and Cities Act, 2011
(amended 2019) .................................................................................................................................. 34
Infrastructural Services ................................................................................................................ 35
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Transportation ............................................................................................................................... 35
Public Transport ............................................................................................................................ 36
Terminus and Parking Facilities ................................................................................................ 36
Utility Services .............................................................................................................................. 38
Social Services ............................................................................................................................... 40
4.1.6. Criteria 6: Institutionalized active public participation by its residents in the
management of its affairs ................................................................................................................ 43
4.1.7. Criteria 7: Sufficient space for expansion ..................................................................... 44
4.1.7.1. Urban Growth Corridor Analysis ........................................................................... 46
4.1.8. Criteria 8: Has infrastructural facilities, including street lighting, markets and fire
stations 50
4.1.9. Criteria 9: Has capacity for functional and effective waste disposal ........................ 50
PART V ................................................................................................................................................... 51
6.1. CONCLUSION AND RECOMMENDATIONS .................................................................. 51
6.1.1. CONCLUSION .................................................................................................................. 51
6.1.2. RECOMMENDATIONS .................................................................................................. 53
References .............................................................................................................................................. 55
Annexes .................................................................................................................................................. 56
Annex 1: Work Plan .............................................................................................................................. 56
Annex 2: Town Committee Resolutions ........................................................................................... 63
Annex 3: Site Visit Observation Checklist ....................................................................................... 81
Annex 4: Stakeholder Engagement .................................................................................................... 83
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LIST OF MAPS
Map 1: Mbooni-Kee Municipality Boundary...................................................................................... 16
Map 2: General drainage pattern within the proposed Mbooni-Kee Municipality ....................... 20
Map 3: General soil texture within the proposed Mbooni-Kee Municipality................................. 21
Map 4: Vegetation cover within the proposed Mbooni-Kee Municipality ..................................... 23
Map 5: Kikima Local Physical and Land Use Development Plan .................................................... 27
Map 6: Mbumbuni Local Physical and Land Use Development Plan ............................................. 28
Map 7: General road network within the proposed Mbooni-Kee Municipality ............................ 37
Map 8: Education facilities within the proposed Mbooni-Kee municipality .................................. 41
Map 9: Health facilities within the proposed Mbooni-Kee Municipality ....................................... 42
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LIST OF TABLES
Table 1: Proposed Mbooni-Kee Municipality population ................................................................. 26
Table 2: Criteria 2-Planning and Development Control of the Urban Areas.................................. 27
Table 3: Revenue sources and estimates by ward FY 2023/24 .......................................................... 29
Table 4: Revenue sources and estimates by ward FY 2022/23 .......................................................... 31
Table 5: Services as per First Schedule of UACA, 2011, 2019 ........................................................... 34
Table 6: Major roads within the proposed Municipality................................................................... 35
Table 7: Utility services within the proposed municipality .............................................................. 39
Table 8: Social services within the proposed municipality ............................................................... 40
Table 9: Available space for expansion ............................................................................................... 44
Table 10: Physical and Land Use Planning status of the seven (7) towns ....................................... 52
Table 11: The Ad-Hoc Committee’s recommendations..................................................................... 54
Table 12: Work Plan, Ad-Hoc Committee, proposed Mbooni-Kee Municipality .......................... 61
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LIST OF FIGURES
Figure 1: Urban Areas and Cities Hierarchy in Kenya ........................................................................ 1
Figure 2: Inauguration meeting and gazette notice of the ad hoc committee members ................. 3
Figure 3: Site Visit schedule .................................................................................................................... 6
Figure 4: Community Engagement Schedule ....................................................................................... 7
Figure 5: A summary of the Methodology............................................................................................ 8
Figure 6: Elevation range of the proposed Mbooni-Kee Municipality ............................................ 19
Figure 7: Annual precipitation and temperature ............................................................................... 22
Figure 8: Pie Chart showing the revenue generation per ward FY 2023/24.................................... 30
Figure 9: A Bar Chart showing the revenue generation per ward FY 2022/23 ............................... 32
Figure 10: Revenue Collected in the Financial Year 2023/2024 ........................................................ 33
Figure 11: Roads sampled within the proposed Municipality ......................................................... 36
Figure 12: Extracts of Public participation posters inviting various stakeholders for engagement
.................................................................................................................................................................. 43
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ACRONYMS
CO Chief Officer
Eng. Engineer
Kms Kilometers
Plan. Planner
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
EXECUTIVE SUMMARY
One of the most significant changes in Kenya, and one that seems to be of greater importance in
the future, is the rapid growth of Urban Population. According to the 2019 Population Census
Statistics, the enumerated population was 47.5M of which 28% (14M) was Urban. The World Bank
group statistics published in 2022 indicate that half of Kenya’s Population is projected to be living
in Urban Areas by 2030, which is 45M persons of the projected 90.6M. Therefore, the demand and
supply of services in our urban areas need to complement the growing population. This would
ensure Sustainable Urban Development.
Article 184 of the Constitution of Kenya, 2010 on urban areas and cities provides for the
establishment, governance and management of the Urban Areas and Cities in the Country.
UACA 2011, (amended 2019) provides for the classification of urban areas in Kenya which are
Cities, Municipalities, Towns and Market Centers. UACA 2011 (Amended 2019) highlights the
process of creating such urban areas in sections 8 and 9.
The Ad-Hoc committee was established by the Governor of County Government of Makueni
guided by section 8 (2-4) of UACA 2011 (Amended 2019). The committee’s Terms of References
were;
1. Considering the resolutions and applications by the seven (7) town committees; Kikima,
Tawa, Mbumbuni, Kalawani, Kalawa, Kivani and Kitundu that were approved and
recommended by the Makueni County Executive Committee in charge of Lands, Urban
Planning and Development, Environment and Climate Change and advice as appropriate.
2. Advise whether the resolutions/applications in (1) above meet the criteria set out in
section 9 (3) of UACA for conferment of Municipality Status.
3. Consider the draft charter as in the prescribed form, amend as appropriate, and transmit
to the governor’s office.
This report addresses the committee’s Terms of Reference. The report is written in five parts:
Introduction, Literature Review, the proposed Mbooni-Kee Municipality, Criteria findings,
Conclusion and Recommendations.
Part I: Introduction
The Introduction focuses on highlighting the concept of urbanization, the urban growth rate in
Kenya, classification of urban areas and the processes for elevation of the urban areas from one
level to another legally. The Introduction also explains the terms of reference of the ad-hoc
committee and the methodology that the committee applied in satisfying their terms of reference.
The steps followed in executing this exercise were: review of the committee’s ToRs, preparation
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of a work plan, literature review, data collection and analysis presented in the criteria and
conclusions and recommendations. Throughout the process, stakeholders’ engagement was
undertaken.
The proposed Municipality covers an area of 610.92 Sq.Km with a population of 137,169.
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Kitundu, Kivani and Kalawani towns, the preparation of a Municipal Integrated Development
Plan, development of various infrastructural and social facilities such as a fire station, a disaster
management station, and a library. The committee recommends development of an integrated
liquid and solid waste management system.
Further, the committee considered the Mbooni-Kee draft charter as in the prescribed form in
UACA General Regulations 2022, with the necessary amendments as appropriate.
The report together with the Mbooni-Kee Municipal Charter were presented to H. E. the
governor, Government of Makueni County on the 27th of August, 2024 for adoption and
forwarding to the County Assembly for approval.
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CONCEPTS AND DEFINITIONS
Criteria: For purposes of this exercise, criteria refers to the minimum conditions that the various
towns needed to satisfy to qualify for conferment of Municipal status.
Municipality: A Municipality is the second highest level of urbanization in Kenya after a City.
Ward: Means an electoral unit within a constituency delimited in accordance with Article 89
(delimitation of electoral units) of the Constitution and any other relevant law.
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PART I
1.1. INTRODUCTION
One of the most significant changes in Kenya of recent times, and one that seems to be of greater
importance in the future, is the rapid growth of the Urban Population. According to the 2019
Population Census Statistics, the enumerated population was 47.5M of which 28% (14M) was
Urban. By 2022, the Urban Population has grown to 15.7M persons (Kenya Urban Population,
2022, p. World Bank ) Half of Kenya’s Population is projected to be living in Urban Areas by 2030,
which is 45M persons of the projected 90.6M. Therefore, due to the projected rapid urban
population growth, there is need to plan for today and for the future. The demand and supply of
services in our urban areas need to complement the growing population. This would ensure
Sustainable Urban Development and Development Control.
Article 184 of the Constitution of Kenya on Urban areas and Cities provides for the establishment,
governance and management of the Urban Areas and Cities in the Country. The UACA 2011,
(amended 2019) provides for the classification of urban areas in Kenya. The figure below indicates
the hierarchy of Urban Areas and Cities in Kenya.
CITIES
MUNICIPALITIES
TOWNS
MARKET CENTRES
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Cities are the high-ranking level of Urban Areas in Kenya. Municipalities come second while
Towns and Market Centers are the lower levels of Urbanization in the Country. Currently, the
number of Cities in the country stands at five (5), seventy-seven (77) municipalities and
approximately 1068 towns and market centers which are classified. (World Bank Group, 2023).
For purposes of ensuring that the services in the urban areas and cities are commensurate to the
population, UACA provides a criteria for classifying urban areas as either a City, a Municipality,
a Town or a Market Centre. Section 9 of UACA 2011 (2019) brings out the criteria for conferment
of a Town to a Municipality. The Criteria includes but not limited to the population threshold,
planning and development control, revenue collection, capacity to effectively and efficiently
deliver essential services to its residents, has sufficient space for expansion, has infrastructural
facilities, including but not limited to street lighting, markets and fire stations and has a capacity
for functional and effective waste disposal. This criterion is explained in Part II and III of this
report on Literature Review and Criteria.
Seven (7) Towns in Makueni County, in Mbooni and Kaiti Constituencies, which are Kikima,
Kalawani, Tawa, Mbumbuni, Kivani, Kalawa and Kitundu, wrote to H.E. the governor through
the Executive Committee Member for Lands, Urban Planning and Development, Climate Change
and Environment, requesting for an upgrade to Municipality Status as required by UACA section
8 (1). The Executive Committee Member approved the application. This necessitated the County
governor to constitute an ad hoc committee to consider the recommendation and advice as
appropriate (UACA section 8 (2)). Section 1.2. below on the Terms of Reference expound further
on the role of the ad hoc committee for the proposed Mbooni-Kee Municipality and hence the
prerequisite of this report that serves a significant role as part of the journey of elevating the seven
towns, jointly, to Municipality status.
The Urban Areas and Cities Act, 2011 (Amended 2019) section 8 (2-4) requires the County
Governor, where the executive committee approves the application of a town to the elevation to
Municipality status to constitute an ad hoc committee whose mandate is to consider the
recommendation and advise as appropriate. The ad hoc committee shall comprise of relevant
professional in good standing nominated by various institutions, as enlisted below taking into
account of regional, ethnic and gender diversity and representation of persons with disability.
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The Architectural Association of Kenya (AAK);
The Law Society of Kenya (LSK);
An association of Urban Areas and Cities;
The Institute of Certified Public Accountants of Kenya (ICPAK); and
The Business Community.
The figure below shows an extract of the gazette notice of the members nominated and appointed
by H.E the governor ad hoc committee for Mbooni-Kee Municipality and photos from the
inauguration meeting held on June 19, 2024.
Inauguration meeting held on the 19 June, 2024 Gazette Notice of the ad hoc committee for the Proposed
Mbooni-Kee Municipality
Figure 2: Inauguration meeting and gazette notice of the ad hoc committee members
Source: Author, 2024
The terms of Reference for the Ad hoc committee that was supposed to advise and recommend to
H.E the governor the establishment of the proposed Mbooni-Kee Municipality are enshrined in
UACA 2011, amended 2019 and the UACA regulations 2022. Section 8(1-4) as read together with
section 9 of UACA, 2011 (2019) the Governor, Makueni County appointed the Ad hoc committee
with effect from 19th June, 2024.
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1.2.1. Ad Hoc Committee Terms of References
1. Consider the resolutions and applications by the seven (7) town committees that were
approved and recommended by the Makueni County Executive Committee in charge
of Lands, Urban Planning and Development, Environment and Climate Change and
advice as appropriate.
2. Advise whether the resolutions/applications in (1) above meet the criteria set out in
section 9 (3) of UACA for conferment of Municipality Status.
3. Consider the draft charter as in the prescribed form, amend as appropriate, and
transmit to the governor’s office.
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x. Any other emerging parameters that may arise from time to time.
f) Propose preliminary boundaries for the proposed Municipality;
g) Undertake structured stakeholder consultations with the residents, town committee of the
proposed Municipality on the proposed boundaries;
h) Document the receipt of and consideration of stakeholder comments;
i) Review the proposed boundaries of the Municipality, if necessary;
j) Prepare a report on the proposed boundaries of the Municipality; and
k) Prepare a map of the proposed Municipality and the proposed boundaries.
1.3. METHODOLOGY
The process adopted for the execution of the committee’s terms of references and the specific
functions included the following steps;
The terms of reference for the Ad hoc committee for the proposed Mbooni-Kee Municipality are
as enshrined in the UACA 2011, amended 2019 Section 8 (1-4) as read together with section 9. The
General Regulations of the Urban Areas and Cities Act 2022, regulation 9 expounds on the role
of the Ad hoc committee, the technical parameters recommended for consideration for the elevation
of a town to Municipal status and the deliverables required. This is as underscored on the Terms
of Reference section 1.2 above.
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1.3.3. Literature Review
To inform the process of the ad hoc committee to consider the submitted resolutions by the seven
(7) town committees, review if the towns meet the requisite Criteria for classification as a
Municipality as enshrined in section 9 (3) and the First Schedule of UACA 2011, amended 2019
and recommend, key documents were reviewed. These documents included The SDGs, the
Kenya Vision 2030, the Constitution of Kenya 2010, the County Government Act, 2012, the Urban
Areas Act 2011, Amended 2019 and the Urban Areas and Cities Act Regulations 2022. An
elaborate literature review of the highlighted documents is expounded in Part II of this report.
Term of Reference 2 required the Ad hoc committee to advise whether the resolutions/applications
made by the seven (7) towns, Kikima, Kitundu, Kivani, Mbumbuni, Tawa, Kalawa and Kalawani
meet the criteria set out in section 9 (3) of UACA for conferment of Municipality Status. The
criteria was but not limited to assertion of the population threshold, availability of Local Physical
and Land Use Development Plans for the various towns, environmental sustainability,
infrastructural development, ability to provide services and the availability of space for
expansion. Therefore, the Ad hoc committee conducted site visits to the seven towns to delineate
the proposed Municipal Boundary and to ascertain the criteria for conferring the Municipal status
for purposes of advising and recommending to H.E the governor. Below is an extract of the site
visit schedule from the committee’s work plan.
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1.3.5. Stakeholder Engagement
Article 184 (1) of the Constitution of Kenya, 2010 provides for participation of residents in the
governance of Urban Areas and Cities. Article 196 (1) (b) makes further provision on community
engagement and it requires the County Government to facilitate Public Participation and
involvement of the communities in its business and those of its committees. Community
engagement for this exercise involved engaging the town committees’ leadership and the
representatives of the community members to gather inputs of the criteria as enshrined in the
First Schedule of the Urban Areas and Cities Act 2011, amended 2019. The community’s feedback
and inputs were analyzed and summarized and formed part of this report. The figure below is
an extract of the committee’s work plan showing the community engagement schedule.
The report typically includes a summary of the process adopted in the execution of the exercise,
the findings of the site visits and the stakeholder engagements, synthesis of the findings,
conclusion and recommendations of the proposed Mbooni-Kee Municipality.
The Ad-Hoc committee’s final report and the Municipal Charter were presented to H.E the
governor by the committee for adoption and forwarding to the next stage of approval.
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Below is a summary of the steps that the Ad-Hoc committee followed in execution of the exercise.
5.
Site
Visits for
Kikima,
Kitundu,
3. Kalawani
1.
Formation , Tawa,
of the Kivani 7.
Review of Technical and Final
the ToRs Working Mbumbu Draft
Group ni Towns Report
2. 4. Litrature 6. 8.
Preparation Review Stakeholder Presentation
of a work Engagement to H.E the
plan Governor for
Adoption and
Implementati
on
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PART II
The execution of the Ad-Hoc committee’s mandate on the establishment of the Mbooni-Kee
Municipality and the development of this report was guided by policy and legal documents
which included the SDGs as a global guide on matters of urbanization and development, the
Kenya Vision 2030 which is the country’s development blueprint, the Constitution of Kenya, 2010
as the overarching law, subsidiary legislation and Physical Plans of the County Government of
Makueni.
The Sustainable Development Goals (SDGs) are a set of 17 interconnected global objectives
established by the United Nations in 2015 as part of the 2030 Agenda for Sustainable
Development. The goals are designed to address the world’s most pressing challenges, including
poverty, inequality, climate change, environmental degradation, peace and justice. The SDGs
build on the success of the MDGs and aim to go further by addressing the root causes of the issues
highlighted and ensuring that no none is left behind.
SDG 11 addresses Urban Development and focuses on Sustainable Cities and Communities. Its
main aim is to make urban areas and human settlements inclusive, safe, resilient and sustainable.
The establishment of Mbooni-Kee Municipality observes the early stages of its establishment such
as the establishment of this ad hoc committee to look into the criteria given in the Urban Areas
and Cities Act, 2011 amended 2019. The process ensures that we end up with a sustainably
developing Municipality.
The New Urban Agenda is drawn from UN-Habitat’s decades of experience inn urbanization. It
is a focused, action oriented approach to improving the quality of urbanization. It identifies five
distinct Action Areas: National Urban Policy, Urban Legislation, Urban Planning and Design,
Urban Economy and Municipal Finance, Planned City Extensions/Planned urban renewals.
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2.1.3. Kenya Vision 2030
The Kenya Vision 2030 is the country’s development blueprint with an aim of creating a globally
competitive and prosperous country with a high quality of life by the year 2030. It comprises
three key pillars; Economic, Social and Political which provide the frameworks for the integration
of the three dimensions of sustainable development.
The Economic Pillar aims to achieve and sustain an average economic growth rate of 10% per
annum until 2030. The Social Pillar seeks to build a just and cohesive society with social equity in
a clean and secure environment. The Political Pillar aims to realize a democratic political system
founded on issue-based politics that respects the rule of law, and protects the rights and freedoms
of every individual in the Kenyan society.
The pillars are anchored on enablers and the enablers consist of Infrastructure; Information and
Communications Technology (ICT); Science, Technology and Innovation (STI); Land Reforms;
Public Sector Reforms; Labour and Employment; National Values and Ethics; Ending Drought
Emergencies (EDE); Security; Peace Building and Conflict Resolution.
To start the implementation of the SDGs in Kenya, it was found necessary to establish the extent
to which the SDGs converge with Kenya’s own development objectives as set out in the Kenya
Vision 2030 and therefore identify which SDGs are relevant to Kenya’s development context. This
was done by mapping each of the 17 goals with Vision 2030 within the second Medium Term
Plan. The mapping indicates that the Kenya Vision 2030 is well aligned to the global development
framework and its implementation is directly linked towards achieving both the Vision 2030 and
SDGs and is indeed a progressive process with goals and milestones that will be achieved over
time.
Therefore, urban development under the Land Reforms sector seeks to contribute to the
achievement of the country’s development blueprint. By adhering to the given processes in policy
and law in establishment of urban areas in Kenya greatly contributes to sustainable urban
development.
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2025 was anchored on the Sustainable Development Goals (SDGs) and the Kenya Vision 2030. On
land and urban development, the vision highlights that the County Government will facilitate
development of adequate land use policies that aim at promoting investment and securing
permanent ownership tenures and facilitating sustainable urban development.
2.1.5. Makueni County Physical and Land Use Development Plan (2019-2029)
The Makueni County Physical and Land Use Development Plan (2019-2029) is a blueprint to
guide development activities within Makueni. The Plan gives a detailed spatial depiction of
Makueni County’s territorial space and suggests a strategy of intervention by which the various
components of the existing spatial structure are integrated into a wholesome and overarching
framework to achieve long-term sustainable development within Makueni County.
The Settlement Development Strategy within the plan proposes the classification of urban areas
in Makueni County into a hierarchy of four tiers: city, municipality, town and Market center as
envisioned in the Urban Areas and Cities Act 2011 (Amended 2019). The urban areas have been
assigned unique functions based on their potential specialization. The plan also proposes that
physical and land use development plans be prepared for all urban areas within the plan period
although the urban areas within Tiers 1 and 2, as well as those along the A109 and B6 highway
have been highlighted as priority areas for planning. Additional proposals include development
control, upgrade services and land banking.
Urbanization is key to the human settlement strategy captured within the MCPLUDP. Essentially,
the Plan seeks to encourage a steady movement to urban areas and clustered rural settlements as
a means to forestall encroachment on fragile areas and ecologies, safeguard the integrity and
productivity of agricultural land, enhance access to services, improve convenience with regard to
access to consumer goods, position the county for industrialization, and improve security. The
investment program under the human settlement strategy provides for the preparation and
approval of detailed urban plans for the municipalities.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
The Makueni County Integrated Development Plan (MCIDP) (2023-2027) has an overall vision
which is to have a prosperous value-based county with a high quality of life. This aligns with the
SDGs, the Kenya Vision 2030 and the Makueni Vision 2025. The committee sought to align its
recommendations to the projects and programmes proposed within the 5 year plan for the County
government and especially those that focused on sustainable urban development.
The Constitution of Kenya 2010 is the Supreme law of the country. Article 184 of the Constitution
on Urban areas and Cities, provides for the establishment, governance and management of Urban
Areas and Cities in the Country. The supreme law of the land requires the establishment of a
criteria for classifying areas as urban areas and cities; establishment of the principles of
governance and management of urban areas and cities; and provision for participation by
residents in the governance of urban areas and cities. It also seeks for inclusion of mechanisms
for identifying different categories of urban areas and cities, and for their governance. The
subsidiary legislations such as UACA, 2011 (amended 2019) takes care of the recommendations
on the governance of Urban Areas and Cities by the Constitution of Kenya, 2010.
The CGA, 2012 is an Act of Parliament to give effect to Chapter Eleven of the Constitution on the
devolved governance; to provide for county governments' powers, functions and responsibilities
to deliver services and for connected purposes. Section 103 (e) of the Act on objectives of County
Planning, gives a direction on spatial planning at the county level and the development of urban
areas and states that urban and rural areas should be developed as integrated areas of economic
and social activity. It advocates for sustainable development by incorporating the environment
as a key stakeholder. The Act proceeds in section 104 to state that the county government shall
designate county departments, cities and urban areas, sub-counties and wards as planning
authorities of the county and it shall promote public participation. The ad hoc committee in the
execution of their mandate took into consideration the provisions of the CGA, 2012 on the matters
of urban planning and development.
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Act. Plans for four towns within the proposed Municipality have been recommended for
planning, that is, preparation of Local and Physical and Land Use Development Plans and
therefore, this report recommends the plans are prepared according to PLUPA 2019 and its
subsidiary legislations.
The Urban Areas and Cities Act (UACA), 2011 (amended 2019) is an Act of Parliament to give
effect to Article 184 of the Constitution; to provide for the classification, governance and
management of urban areas and cities; to provide for the criteria of establishing urban areas, to
provide for the principle of governance and participation of residents and for connected
purposes. UACA 2011, (amended 2019) provides for the classification of urban areas in Kenya.
Cities are the high-ranking level of Urban Areas, municipalities come second while towns and
market centers are the lower levels of urbanization in the Country.
Section 9 of UACA 2011 (2019) brings out the criteria for conferment of a Town to a Municipality.
The Criteria includes the population threshold, planning and development control, revenue
collection, capacity to effectively and efficiently deliver essential services to its residents,
availability of sufficient space for expansion, has infrastructural facilities, including but not
limited to street lighting, markets and fire stations and has a capacity for functional and effective
waste disposal.
The ad-hoc committee sought to advise whether the resolutions/applications by the seven (7)
towns in the proposed Mbooni-Kee Municipality meet the criteria set out in section 9 (3) of UACA
2011, (amended 2019) for conferment of Municipality Status.
The set technical standards and guidelines for delineating a Municipality are; Urban Population
Density where the proposed boundary of the urban area should result in an urban population
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
density which is not less than fifty percent (50%) of the urban population density of the County
as per the last results of the Population and Housing Census; balance between urban and rural
development; environmental sustainability; cultural, historical, physical and social factors;
economic factors; international and local best practices in delineation of urban areas and cities;
the relevant physical and land use plans at both national and county levels; ability to provide
services; the built-up area guide; and any other emerging parameters that may arise from time to
time.
The ad-hoc committee is also mandated with proposing preliminary boundaries for the proposed
Municipality; undertake structured stakeholder consultations with the residents, town committee
of the proposed Municipality on the proposed boundaries; document the receipt of and
consideration of stakeholder comments; review the proposed boundaries of the Municipality, if
necessary; prepare a report on the proposed boundaries of the Municipality; and prepare a map
of the proposed Municipality and the proposed boundaries.
The Ad-hoc committee, as required by Regulation 9(4), upon conclusion of the exercise, submits to
the CECM in charge for Lands, Urban Planning and Development, Environment and Climate
Change the following: A preliminary boundary mapping report based on application of the
technical parameters highlighted above; A report of stakeholders’ consultations which includes
mapping of stakeholders, conduct of consultations and consideration of the comments and views
received; A report describing boundaries of the targeted Municipality; and a final drawn map
and a Geographical Information System (GIS) database of the proposed boundaries of Mbooni-
Kee Municipality.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
PART III
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Map 1: Mbooni-Kee Municipality Boundary
Source: Geoplan Consultants, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
3.1.3. Major land-marks within Mbooni-Kee Municipal Boundary
The major land marks within the proposed Mbooni-Kee Municipality are: The municipal town,
Thwake River, the forest ridges, the Machakos-Makongo-Wote road (B60), the Wote-Katangini-
Kalawa Road (D1262), various schools and the level 4 hospitals.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
3.1.4. Urban Nodes
The main growth areas for the proposed Mbooni-Kee Municipality, influenced by various factors
such as major transportation networks within the municipality are the towns as shown in the
map below. The towns are Kikima, Kalawani, Tawa, Kitundu, Kivani, Mbumbuni and Kalawa.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
3.1.5. The Biophysical Environment of the proposed Municipality
This is the entirety of the surroundings, both living and non-living, that affect the residents of the
proposed Mbooni-Kee municipality.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Map 4: General drainage pattern within the proposed Mbooni-Kee Municipality
Source: Geoplan Consultants, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
3.1.5.2. Geology and Soil
The proposed municipality hosts a substratum of erosion-resistant metamorphic granitoid,
folded into very steep hills topped with a moderate layering of rich volcanic soils. The rocks have
undergone significant weathering and fracturing, making it possible for them to play an essential
role in the workings of the hydrological system, particularly as a mechanism for groundwater
recharge, thereby making them highly aquiferous. This latter quality is the reason for their
christening as crying hills.
The proposed municipality soil distribution pattern is a direct consequence of its geology. Soil
types range from clayey black cotton over the Konza steppe, dark sandy loams atop northwest
uplands, red sandy soils alongside the Yatta plateau, and sand clays.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
3.1.5.3. Climate
The proposed municipality has two different reliefs: a high-altitude zone and a medium-altitude
zone. Precipitation is higher in the highlands of Tulimani and Mbooni, which receive 800-
1200mm of rainfall per annum. The medium altitude zones of Mbumbuni record a mean seasonal
rainfall of 350-450mm. The annual average temperature is 24.41ºC.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Map 6: Vegetation cover within the proposed Mbooni-Kee Municipality
Source: Source: Geoplan Consultants, 2024
3.1.4.2. Wildlife
The proposed municipality has varied wildlife species, with 65 unique bird species recorded in
the Mbooni forest, making it a potential tourist attraction.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
PART IV
Section 9 of UACA 2011, (amended 2019) sets out the criteria to be met by a town for conferment
of municipality status by grant of a charter. This section gives an analysis of the criteria findings
which inform the recommendations and conclusion of the Ad-Hoc committee. The criteria
evaluated by the Ad-Hoc Committee are;
Criteria 5: Capacity to effectively and efficiently deliver essential services to its residents as
provided in the First Schedule of the Urban Areas and Cities Act, 2011 (amended 2019).
Criteria 6: Institutionalized active participation by its residents in the management of its affairs.
Criteria 8: Has infrastructural facilities, including but not limited to street lighting, markets and
fire stations.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
4.1.1. Criteria 1: Population threshold for the proposed Mbooni-Kee Municipality
According to the First schedule of UACA, 2011 (amended 2019), the population threshold for a
Municipality is 50, 000 persons. The proposed Mbooni-Kee Municipality has a population of 137,
169 persons which is within the threshold set out in the Act. The table below provides the
population in the 32 sub-locations within the seven wards in the proposed municipality’s
boundary.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Sub-Total 22,047
Kee Ward
1. Kivani 3,480
2. Makongo 3,228
3. Kyamwale 123
Sub-Total 6,831
Waia-Kako Ward
1. Usalala 4,035
2. Kako 1,832
3. Nduluku 4,587
Sub-Total 10,454
Kalawa Ward
1. Kalawa 1,424
2. Malunda 1,772
3. Mbukoni 2,931
Sub-Total 6,127
TOTAL 137,169
Table 1: Proposed Mbooni-Kee Municipality population
Source: Kenya National Population Census, 2019
According to the CIDP (2023-2027), under the Physical and Land Use Development Planning
programme whose main objective is to promote sustainable land use planning and ensure well
planned settlements and urban areas, the plan prioritizes planning of 31 settlements and urban
areas, 1 plan in year 1, 10 plans in year 2, 10 plans in year 3, 5 plans in year 4 and 5 plans in year
5 with a proposed budget of Kenya Shillings 310M. The committee recommends that Kitundu,
Tawa, Kalawani and Kivani towns which are within the proposed Mbooni-Kee Municipality, to
be prioritized for planning amongst the first 10 of the 31 settlements and urban areas to meet
Criteria 2 on Planning and Development Control.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
The table below gives a summary of the physical and land use planning status of the townships
within the proposed Municipality.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
MBUMBUNI LOCAL PHYSICAL AND LAND USE DEVELOPMENT PLAN, 2022
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
4.1.3. Criteria 3: Demonstrable revenue collection or revenue collection potential
ESTABLISHMENT OF MBOONI-KEE MUNICIPALITY
DIRECTORATE OF REVENUE
Revenue sources and estimates by ward-Financial Years 2022/2023, 2023/2024
The proposed Mbooni-Kee Municipality has a demonstrable revenue collection as shown in the table below. The total revenue collected by the
seven (7) wards in the Financial year 2022/2023 totaled to KShs. 49,183,123. For the Financial Year 2023/2024 the wards collected KShs. 54,182,526
which makes up approximately 5.42% of the 1 Billion collected.
FY 2023/2024
Mbooni Tulimani Kisau/Kiteta Kithungo/Kitundu Kee Waia/Kako Kalawa
Actual
Estimates Actuals Estimates Actuals Estimates Actuals Estimates Actuals Estimates Actuals Estimates Actuals Actuals Totals
Physical 426,613
308,399
Planning Unit 381,230 323,503 308,333 216,867 385,714 844,991 164,246 97,700 142,405 179,990 185,495 2,275,159
Business 2,911,228
2,587,746 2,205,057
Permit Unit 6,021,023 4,554,533 4,330,722 2,963,771 8,293,438 4,930,921 1,688,176 1,510,686 1,395,297 2,087,080 20,353,516
45,500
- 64,286
226,096 64,286 542,514 200,571 594,874 128,571 40,908 36,995 6,600
Cess Unit 257,143 1,493,487
Health 1,648,100
371,111
Services Unit 1,013,338 1,243,800 728,861 934,400 1,446,276 1,334,200 284,120 270,300 435,518 498,900 461,400 6,391,100
Land Rates 491,238
1,242,241
Unit 1,650,939 419,267 1,316,388 221,464 1,757,914 621,487 679,572 382,620 628,546 298,244 321,470 2,755,790
1,397,171
520,000
Market Unit 1,560,000 2,142,939 1,383,750 780,382 1,903,750 1,983,272 156,000 22,750 520,000 97,410 15,850 6,439,774
Slaughter 116,300
150,495
House Unit 410,935 308,000 295,572 79,350 586,502 213,400 115,218 31,150 176,614 37,250 148,950 934,400
Vehicle 275,650
- -
Parking Unit 4,140,000 1,568,350 - 157,750 920,000 1,340,650 - 1,000 23,400 18,600 3,385,400
Water and 165,900
Natural 105,714
650,000 152,000 186,571 142,200 301,143 103,400 85,143 97,800 113,714 82,400 99,400
resources Unit 843,100
Liquor 1,191,000
755,350
Licensing Unit 2,270,700 1,704,000 1,550,000 1,334,000 3,100,000 2,066,000 585,000 962,800 900,000 854,000 1,199,000 9,310,800
5,504,544 5,722,653
Total 18,355,308 12,642,488 10,164,482 7,372,698 18,895,308 14,033,195 3,886,046 3,417,714 3,503,886 4,543,845 8,668,700 54,182,526
Table 3: Revenue sources and estimates by ward FY 2023/24
Source: Makueni County Revenue Department, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
ACTUAL REVENUE GENERATION PER WARD FY 2023/2024
16%
\ 23%
8%
7%
14%
6%
26%
Figure 8: Pie Chart showing the revenue generation per ward FY 2023/24
Source: Author, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
FY 2022/2023
Mbooni Tulimani Kisau/Kiteta Kithungo/Kitundu Kee Waia/Kako Kalawa
Actual
Estimates Actuals Estimates Actuals Estimates Actuals Estimates Actuals Estimates Actuals Estimates Actuals Actuals Totals
Physical
Planning
1,036,337 250,020 694,688 577,500 1,078,000 308,495 231,000 71,101 105,000 86,100 308,000 272,768
Unit 131,711 1,697,695
Business
Permit
5,087,472 4,254,660 2,835,000 2,864,700 5,292,000 5,863,660 1,134,000 1,091,060 1,080,000 1,579,047 1,512,000 2,478,495
Unit 1,868,020 19,999,642
Cess Unit 925,974 378,810 516,000 504,720 963,200 1,171,092 206,400 47,480 786,000 341,980 275,200 24,790 19,600 2,488,472
Health
Services
2,288,017 548,020 1,275,000 292,910 2,380,000 799,820 510,000 175,080 350,000 155,042 680,000 891,360
Unit 220,960 3,083,192
Land Rates
Unit 4,255,711 611,922 2,371,500 284,570 4,426,800 665,681 948,600 149,595 1,533,000 311,382 1,264,800 533,774 286,494 2,843,418
Market
Unit 2,745,620 1,031,125 1,530,000 514,729 2,856,000 1,028,636 612,000 27,340 690,000 92,944 816,000 1,165,471 539,929 4,400,174
Slaughter
House
686,405 175,330 382,500 152,320 714,000 474,050 153,000 69,320 105,000 147,490 204,000 181,070
Unit 118,980 1,318,560
Vehicle
Parking
1,022,878 627,762 570,000 28,362 1,064,000 750,774 228,000 4,850 395,000 42,630 304,000 482,190
Unit 318,452 2,255,020
Water and
Natural
resources 767,159 18,700 427,500 4,280 798,000 19,700 171,000 4,800 136,000 - 228,000 17,400
Unit - 64,880
Liquor
Licensing
3,553,155 2,462,800 1,980,000 1,087,200 3,696,000 2,610,000 792,000 983,800 600,000 1,039,070 1,056,000 1,536,400
Unit 1,312,800 11,032,070
Total 22,368,728 10,359,149 12,582,188 6,311,291 23,268,000 13,691,908 4,986,000 2,624,426 5,780,000 3,795,685 6,648,000 7,583,718 4,816,946 49,183,123
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
ACTUAL REVENUE GENERATION PER WARD FY 2022/2023
13,691,908
14,000,000
12,000,000
10,359,149
10,000,000
7,583,718
8,000,000
6,311,291
6,000,000 4,816,946
3,795,685
4,000,000 2,624,426
2,000,000
Figure 9: A Bar Chart showing the revenue generation per ward FY 2022/23
Source: Author, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Figure 10: Revenue Collected in the Financial Year 2023/2024
Source: makueni.go.ke/sandbox/site/files/2024/06/Finance today.jpg
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
4.1.5. Criteria 5: Capacity to effectively and efficiently deliver essential services to its
residents as provided in the First Schedule of the Urban Areas and Cities Act, 2011
(amended 2019)
The first schedule of the amended UACA, 2019 outlines the services that a municipality should
be able to provide to its residents. This is as shown in the table below and explained thereafter.
services/ICT
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Infrastructural Services
UACA 2011, (amended 2019) Section 9 (3h&i) requires the townships to have infrastructural
facilities including but not limited to street lighting, markets, fire stations, and capacity for
functional and effective waste disposal. Other facilities listed in the first schedule are water and
sanitation, parking, cemeteries and crematoria, public transport, sports and cultural activities,
electricity and energy provision (gas, kerosene), solid waste management, telecommunication
services, postal services, disaster management stations and local distributor roads.
Transportation
Road is the main mode of transport in Kikima, Kitundu, Kivani, Mbumbuni, Tawa, Kalawa and
Kalawani towns. The proposed municipality is well connected with roads of different classes and
conditions varying from bitumen to earth roads as illustrated in the table below.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
A section of Kikima-Kitundu Town Road A section of Kikima-Mbumbuni Town Road
Figure 11: Roads sampled within the proposed Municipality
Source: Author, 2024
Public Transport
Public transport is the most common mode of movement of goods and people within the
proposed municipality. The main operators include buses, 14-seater matatus, saloon cars
(probox) and bodabodas. The buses and 14-seater matatus connect to major urban areas which
include Nairobi, Mombasa cities and Machakos, and Wote Municipalities.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Map 9: Road network within the proposed Mbooni-Kee Municipality
Source: Geoplan Consultants, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Utility Services
STATUS
TOWNS Kikima Kitundu Kalawani Tawa Mbumbuni Kalawa Kivani
UTILITY
Water Supply • Mulima Dam • Kiumi water • Mulima water • Mulima water • Ngiitini • Mauwa Dam • Private water
• Ithamaa project project project Earth Dam • Kyamakuthi vendors
• Iluli Dam • Private • Two private • Tawa Market Dam • Kinze dam Dam
• Mutondo Dam water water • Kooi Dam • Mukundi • Public and
• Seven private water boreholes suppliers • Kyala Dam springs Private boreholes
dealers (piped water) • Maiuni/Ngwani
• Presence of • Private sand Dam
MBONWASCO for boreholes • Ngoni
management of • Private boreholes
water supply and • Rain water
sanitation harvesting
Sewerage • None of the towns within the proposed Municipality has a sewerage system.
System
Solid Waste • Daily market clean • Daily • Daily market • Daily market clean • Daily • Daily market
Management ups market clean clean ups ups market clean clean ups _
• Proposed Dumpsite ups ups
in Mukaatini
Fire station _ _ _ _ _ _ _
Energy • Connected to the • Connected • Connected to • Connected to the • Connected • Connected to the • Connected to
national electricity to the the national national electricity to the national the national
grid national electricity grid national electricity grid electricity grid
• Other sources of electricity grid • Other sources of electricity • Other sources of • Other sources
energy are Gas, grid • Other sources energy are Gas, grid energy are Gas, of energy are
charcoal and • Other of energy are charcoal and • Other charcoal and Gas, charcoal
firewood. sources of Gas, charcoal firewood. sources of firewood. and firewood.
• There are limited energy are and firewood. energy are
number of street Gas, Gas,
lights within the charcoal and charcoal and
town (along Tawa- firewood. firewood.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Katuma Road,
Tawa-Masii Road,
Tawa-Kalawani
Road)
Markets • Modern market _ • Modern • Modern market • Modern • Modern market _
(marikiti) market (marikiti) market (marikiti)
(marikiti) (marikiti)
ICT • Adequately served • Adequately • Adequately • Adequately served • Adequately • Adequately • Adequately
by Safaricom, Airtel served by served by by Safaricom, Airtel served by served by served by
and Safaricom, Safaricom, and Safaricom, Safaricom, Airtel Safaricom,
Telecommunication Airtel and Airtel and Telecommunication Airtel and and Airtel and
Networks Telecommu Telecommuni Networks Telecommu Telecommunicati Telecommunic
• There is fiber optic nication cation nication on Networks ation
running through in Networks Networks Networks Networks
the various towns
Abattoirs • The town has a • The town • The town has • The town has a • The town • The town has a _
slaughter house has a 2 slaughter slaughter house has a slaughter house
slaughter houses slaughter
house house
Cemetery • The residents within the proposed Municipal area have a preference of the traditional way of burying their kins within their residences in line with their
culture.
Table 7: Utility services within the proposed municipality
Source: Site visits and Public participation engagements, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Social Services
The table below gives an analysis of the existing social infrastructure in the proposed municipal
area:
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Map 10: Education facilities within the proposed Mbooni-Kee municipality
Source: Geoplan Consultants, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Map 11: Health facilities within the proposed Mbooni-Kee Municipality
Source: Source: Geoplan Consultants, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
4.1.6. Criteria 6: Institutionalized active public participation by its residents in the
management of its affairs
For a town to be elevated to a Municipal Status, UACA 2011 (amended 2019) in section 9(3f)
requires the township to have institutionalized active participation of its residents in the
management of their affairs. In this regard, the County Government of Makueni enacted the
Public Participation Policy in 2020. The purpose of this policy is to provide a framework that
guides departments, the people of Makueni, civil society organizations, faith-based
organizations, the private sector and others in their engagement with the public on development
and governance issues. The County department of administration and Public Participation is in
charge of public participation. Upon the establishment of the proposed Mbooni-Kee
Municipality, the development of public participation by-laws to contextualize the County Public
Participation Policy at the municipality level is recommended. A directorate within the proposed
municipality on matters public participation is as well recommended for establishment.
MBOONI-KEE
MBOONI-KEE
Figure 12: Extracts of Public participation posters inviting various stakeholders for engagement
Source: www.makueni.go.ke
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
4.1.7. Criteria 7: Sufficient space for expansion
Table 6 below highlights the built up areas for the main towns within the proposed municipality.
99.84 % of the area within the proposed municipality is available for expansion. However, the ad-
hoc committee recommends physical planning of all the towns. The plans would act as the tools
for development control which would aid the proposed municipality to urbanize sustainably.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Map 12: Built-up zones within the proposed Municipality
Source: Geoplan Consultants, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
4.1.7.1. Urban Growth Corridor Analysis
The figures below show the Urban Growth analysis as may be influenced by the road network
within the proposed Mbooni-Kee Municipality.
Kivani 1,850
1,800
1,750
1,700
Elevation (m)
1,650
1,600
1,550
1,500
1,450
1,400
1,350
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000 12,000 13,000 14,000 15,000 16,000
Distance (m)
From Kikima to Kivani
1,700
1,650
1,600
1,550
1,500
1,450
1,400
1,350
1,300
0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 20,000
Distance (m)
From Kikima to Tawa through Kalawani
Kivani 1,900
1,850
1,800
1,750
Elevation (m)
1,700
1,650
1,600
1,550
1,500
1,450
1,400
1,350
1,300
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000
Distance (m)
From Kitundu to Kivani
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Kikima- 4.70 Kikima-Kitundu Road Profile Graph
Kitundu 1,940
1,930
1,920
Elevation (m)
1,910
1,900
1,890
1,880
1,870
1,860
1,260
1,250
1,240
1,230
1,220
1,210
1,200
1,190
0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 20,000
Distance (m)
From Mbumbuni to Tawa
Mbumbuni 1,900
1,850
1,800
1,750
1,700
Elevation (m)
1,650
1,600
1,550
1,500
1,450
1,400
1,350
1,300
1,250
0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 20,000 22,000
Distance (m)
From Kikima to Mbumbuni
1,360
Elevation (m)
1,350
1,340
1,330
1,320
1,310
1,300
0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000
Distance (m)
From Kalawani to Tawa
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Kalawa- 24.13 Kalawa-Mbumbuni Road Profile Graph
Mbumbuni 1,260
1,240
1,220
1,200
Elevation (m)
1,180
1,160
1,140
1,120
1,100
1,080
1,060
1,040
0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 20,000 22,000 24,000
Distance (m)
From Kalawa to Mbumbuni
1,600
Elevation (m)
1,580
1,560
1,540
1,520
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
Map 13: Linear distances between the towwns within the proposed Municipality
Source: Geoplan Consultants, 2024
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
4.1.8. Criteria 8: Has infrastructural facilities, including street lighting, markets and fire
stations
The proposed Municipality meets certain infrastuctural reqiurements as envisaged in the
regulations, as highlighted in the preceeding criterion (see criteria 5). Accordingly it has a
capacity to effectively and efficiently deliver essential services to its residents as required in the
First Schedule to the Urban Areas and Cities Act, 2011 (amended 2019).The committee
recommends to plug the infrastructure gaps identified.
4.1.9. Criteria 9: Has capacity for functional and effective waste disposal
The towns manage their waste through daily clean ups in the public markets by designated
market cleaners. The waste is then collected from established waste collection points by the
county waste collection lorries. Kikima town has a designated dumpsite at Mukaatini area. The
committee recommends the municipality to use the same area reserved, for both Solid and liquid
waste management. The implemetation of the dumpsite will comfortably serve the proposed
Municipal area hence capacity for functional and effective waste disposal.
Based on the committee’s assessment of the current and future needs, the committee advises that
the proposed Municipality should develop waste management solutions (Waste water treatment
and solid waste management) to address environmental and health challenges within the
proposed Municipality. The preparation of a Municipal Integrated Physical and Land Use
Development Plan would perfectly address the highlighted issues on Solid and Liquid Waste
management.
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Ad-Hoc Committee Report, Mbooni-Kee Municipality, 2024
PART V
6.1.1. CONCLUSION
The Ad-Hoc committee considered the seven (7) towns committees’ resolutions and assessed
whether they met the criteria set out in the UACA 2011, (amended 2019). Other findings were
established from site visits to the seven towns and public participations of the residents of the
towns. The Ad-Hoc committee hereby concludes that the proposed Mbooni-Kee Municipality
covering an area of approximately 610 sq. Kms meets the criteria as set out in sections 8 & 9 of
UACA, 2011 (amended 2019) for elevation to a Municipality with the implementation of the
committee’s recommendations.
Population: The area has a population of 137,169 persons according to the Housing and
Population Census, 2019 against the recommended population of 50,000 therefore, surpassing
the required population threshold.
Integrated Development Planning: It was established that Kikima and Mbumbuni Towns
have approved Local Physical and Land Use Development Plans in place. Kalawa has the
process ongoing. H.E. the governor launched the Planning exercise for Tawa town on the 18th
of July, 2024. 3 towns within the Municipality remain unplanned and therefore recommended
for planning as a priority. Upon conferment of municipal status, the development of an
integrated municipality spatial plan to cover the entire municipal extent and integrate the
seven township plans is recommended.
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TOWN PHYSICAL PLANNING STATUS
Public Participation: The committee, having conducted public participation in the seven
towns, established that Makueni County has an institutionalized public participation
structure that allows citizens to participate in decision making. This is supported by the
County Public Participation Policy, 2020.
Infrastructural Facilities: The report establishes that the proposed municipality has an
established road network consisting of various road hierarchies, an established water and
Sanitation Company (MBOWASCO), connectivity to the national electricity grid, established
markets, reliable telecommunication services and postal services among others. However, the
proposed municipality urgently requires a fire station, a disaster management station, bus
parks, an integrated sewerage system, and an integrated solid waste management system. It
also needs to tap into green energy.
Social services: The committee established that the area is served by educational facilities
(ECDE, primary schools, secondary schools, vocational training centers, a Kenya Medical
Training College in Tawa Town and a private colleges in Kikima), health facilities, security
facilities, undeveloped stadia to standards, and numerous religious facilities. The proposed
municipality shall however require; public cultural facilities, well developed recreational
parks, community centers, constituent university campus, stadia and theatre. Other social
facilities recommended for establishment include a library constructed to standards.
Space for urban expansion: The assessment reveals that only a small proportion ((0.17% of
the 610.92 Sq.KM) of the municipality is developed hence sufficient space for urban
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development and expansion. The Municipality is encouraged to utilize the vertical space Vis
a Vis the linear development thus achieving a compact development making it easier for
service provision and delivery. The expansion shall be guided by the Municipal Spatial Plan.
6.1.2. RECOMMENDATIONS
CRITERIA RECOMMENDATIONS
Proposed Municipality Boundary There are parts of the proposed Mbooni-Kee
Municipality, Usalala Sub-Location in whole and parts
Kako-Sub Location that are currently within the Wote
Municipal Boundary. They form 7.8% of the total area
of the proposed municipality (47.67sq.kms of the
610.92 sq.kms). The committee recommends the
amendment of the Wote Municipal Boundary to be
aligned with the boundary of the proposed Mbooni-
Kee Municipality.
Integrated Physical and Land Use The committee recommends that Tawa, Kivani,
Planning Kitundu and Kalawani be prioritized for planning.
The Committee also recommends the preparation of a
Municipal Physical and Land Use Development Plan
once the proposed municipality is established.
Institutionalized Public In the Municipal Management organogram contained
Participation in the Municipal Charter, the committee recommends
the establishment of a Public Participation section
under the administration directorate once the
proposed municipality is established.
The committee also recommends enactment of by-laws
on public participation to give effect to the Makueni
County Public Participation Policy, 2020 at the
Municipal level.
Infrastructural Facilities Establishment of a Fire Station
Disaster Management station for purposes of disaster
risk preparedness and Climate Change Resilience
within the proposed Municipality.
Establishment of an integrated waste management
system
Tapping into green energy
Development of bus parks and terminal facilities.
Enhancement of street lighting and installation of high
masts flood lights to make the proposed Municipality
a 24 hour economy and improve security.
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Social Services The committee recommends the upgrading of the
various play grounds in Kikima (Kyangoma
playground), Kitundu, Kakuswi, and Imale to stadia to
standards.
The establishment of a recreational park for the
Municipality which would accommodate an ICT
center and a resource centre as currently developed in
Wote Municipality.
The establishment of an Institution of higher learning
preferably a University in the reserved land in
Kitundu.
Establishment of a library to standards.
Establishment of mother-child centers within the
Municipality.
Establishment of a Huduma Centre in Kikima Town as
proposed in the approved LPLUDP.
Expansion of the Town The existing and future plans will be the basis for
development Control as the Municipality expands
hence the need to prioritize Physical and Land Use
Planning.
Establishment and operationalization of a Physical
Planning and Development Control Directorate within
the Proposed Municipality once it’s established.
Capacity for functional and Implementation of the Proposed Dumping Site in
effective Solid Waste Mukaatini area, in Kikima Town.
Management Development of waste management solutions (Waste
water treatment and solid waste management) to
address environmental and health challenges.
Table 11: The Ad-Hoc Committee’s recommendations
Source: Author, 2024
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References
Government of Makueni County (2019). Makueni County Integrated Development Plan 2023-2027.
Government of Makueni County (2021). Kikima Local Physical and Land Use Development Plan 2019-2029.
Government of Makueni County (2018). Mbumbuni Local Physical and Land Use Development Plan 2019-
2029.
Government of Makueni County (2019). Makueni County Physical and Land Use Development Plan 2019-
2029.
Government of Kenya (2011), Urban Areas and Cities Act, 2011. Government Printers. Nairobi.
Government of Kenya (2019), Urban Areas and Cities Act-Amended 2019. Government Printers. Nairobi.
Government of Kenya (2011), Urban Areas and Cities Act General Regulation, 2022. Government Printers.
Nairobi.
Government of Kenya (2019), Physical and Land Use Planning Act, 2019. Government Printers. Nairobi.
Government of Kenya (2010), the Constitution of Kenya 2010. Government Printers. Nairobi.
Government of Kenya (2006), the Kenya Vision 2030. Government Printers. Nairobi.
Kenya National Bureau of statistics (2019). 2019 Kenya Population and Housing Census Volume II & III.
Government of Makueni County (2021). Emali and Sultan Hamud Town Committees Resolution and
Application.
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Annexes
Appointment of the Issuance of 19th, June 2024 Appointment Letters H.E the Governor
Ad-Hoc Committee appointment letters Issued; Chairperson The County Attorney
to the Committee and Secretary CECM Urban
1st Physical Meeting members appointed by the CO Urban
Held at H.E the Commissioning of Committee members The Committee
Governor’s the committee
Boardroom Leadership Structure
Literature Review Review of Town Committee Kikima, 24th June 2024 Understand The Committee
(Documents Review) Resolutions Kalawani, Tawa (1 day) community needs
and issues
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Activity Sub-Activity Target Timeline Expected Output Actors
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Activity Sub-Activity Target Timeline Expected Output Actors
Preparation of site visit & 3rd July 2024 Observation checklist The Committee
PUBLIC participation tools (1 day) FGD guide
Site Visits Site Visits to Towns Kitundu & 4th July 2024 Assess the area based The committee
Kikima (1 day) on criteria as The secretariat
enshrined in the First The Community
Schedule of UACA
Kalawani & 5th July 2024
2011, amended 2019
Tawa (1 day)
for purposes of
elevating the towns to
Municipal Status.
Mbumbuni & 8th July, 2024
Kalawa (1 day)
Compilation of site visit 10th-12th July, 2024 Site Visit Report which The committee
reports from the various (3 days) formed part of the Ad
committee members and site Hoc committee’s
visit tools (observation report Part IV on
checklists) Criteria
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Activity Sub-Activity Target Timeline Expected Output Actors
Report Writing (Part I &II) INTRODUCTION & All towns 15th-18th July, 2024 The committee
CRITERIA (4 days)
PowerPoint preparation for presentation to the
DIASPORA stakeholders
DIASPORA ENGAGEMENT All towns 19th July, 2024 The committee
(1 day) The secretariat
The Diaspora
community members
Analysis of the Diaspora Engagement (Concerns and 23rd July, 2024
comments) (1 day)
Meeting between the CECM, CO, The Consultant & 24th July, 2024 The Committee
The Committee on matters arising from the Diaspora (1 day) The Secretariat
Engagement and way forward The Consultant
The CECM
The CO
Review of the Public participation tools and 25th July, 2024 The Committee
Logistics (1 day) The Secretariat
The Consultant
The CECM
The CO
Public Participation Public Participation Mbumbuni & 29th July 2024 Fulfill legal The Ad-hoc Committee
Tawa (1 day) requirements for The CECM
public participation The CO
Kikima 30th July 2024 and gather The Secretariat
Kee (1 day) information for the The Community
Kalawani
Kitundu
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Activity Sub-Activity Target Timeline Expected Output Actors
Final Ad Committee Updating Chapter 1 & 2 of All towns 13th August 2024 (1 Final Draft Report The Committee
Report Writing the ad hoc committee report day)
exercise to include the comments
given during the public
participation and all
amendments proposed and
approved by all parties
including proposed
municipality boundary
amendments
Chapter 3 & 4 on criteria, All towns 14th August 2024 (1 The Committee
conclusion and day)
recommendations
Collating and compiling All towns 15th August 2024 (1 The Committee
information to include day)
appendices, References,
general document editorials
Preparation of the Stakeholders’ Report All towns 16th August 2024 (1 Stakeholder’s report The Committee
day)
Presentations Review of the Municipal All towns 19th August 2024 Final Draft-Municipal The Committee
Charter prepared by the (1 day) Charter The County Attorney
Consultant in liaison with
the County Attorney
Presentation to the All towns and 20th August 2024 Final Draft Report The Committee
CECM & CO for the entire report (1 day) Validation The CECM
validation of the The CO
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Activity Sub-Activity Target Timeline Expected Output Actors
report before
presentation to H.E
the governor
Any matters arising
from the Municipal
Charter review in
liaison with the
County Attorney
Refinement to enrich the Entire report 21st August 2024 Ensure substance and The Committee
report from the report (1 day) form of the report are
validation presentation complete and ready
for presentation to
H.E. the Governor
Presentation to H.E. the All towns 27th August 2024 Adoption and The Committee
Governor (1 day) recommendation for H.E the governor
the next approval The secretariat
stage. The CECM
The CO
Table 12: Work Plan, Ad-Hoc Committee, proposed Mbooni-Kee Municipality
Source: Author, 2024
Work Plan Duration 19th, June- 26th August, 2024
(Total number of days 35 DAYS)
Prepared by the Committee
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CPA(K) Peninah N.Mutuku ICPAK +254 723 083 102
Mbooni-Kee Ad Hoc Committee Chairperson Chief Officer Lands, Urban Planning and Development
…………………………………………………………… …………………………………………………
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Annex 2: Town Committee Resolutions
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Annex 3: Site Visit Observation Checklist
SERVICES Description YES/NO Location Remarks
Planning and
Development Control
Local Economic
Development Plan
Transport Public Transport
modes Used
Road Condition
Public Transport
Means
Designated
Parking slots
Bus park (bust
terminus)
Water & Sanitation Water Sources
Other Sources of
Water
Septic Tanks and Pit
Latrines
Street Lighting
Outdoor Advertising
Cemeteries and
Crematoria
Libraries and ICT Libraries
Centers ICT Centres
Storm Water Drainage
Ambulance Services
Health Facilities The Hospital
available
The Hospital Levels
Fire Stations and Fire
Fighting
Disaster Management &
Emergency
Preparedness
Sports and Cultural Sports facilities
Activities (fields & stadiums)
Museums
Shrines
Electricity and Energy Sources of Energy
Provision Available
Abattoirs
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Solid Waste
Management (Visit the
proposed Site in
Mukaatini Forest)
Pollution (Air, Water &
Soil) Control
Child Care Facilities
and Children Homes
Available
Education Facilities Pre-Primary
Education
Primary Schools
County Schools
Extra-County
Schools
National Schools
Polytechnics
Constituent
University
Campuses
Community Centers
(Social Halls)
Theater for talent
showing and other
functions
Administrative Seat County
Commissioner’s
Office, Sub-County,
Village admins,
Chiefs and Sub-
Chief’s offices
Telecommunication
Services (Safaricom,
Airtel, Post offices,
Fiber availability)
Funeral Parlor
Recreational Parks
Animal Control and
Welfare
Religious Institutions Churches
Mosques
Shrines
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Annex 4: Stakeholder Engagement
Public participation for the establishment of Mbooni-Kee Municipality was conducted in 8 towns;
Kikima, Kalawani, Kivani, Tawa, Mbumbuni, Kee, Kitundu and Kalawa. A diaspora PP was also
conducted.
This is as per the PP schedule attached below. For Kivani and Kalawa the PP was conducted on
the 2nd of August, 2024.
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The key stakeholders that took part in this process were;
1. CECM Lands, Urban Planning and Development, Environment and Climate Change.
2. CO Lands, Urban Planning and Development.
3. The Director, Administration and Public Participation
4. The AD-HOC Committee Members
5. The Consultant engaged in the delineation of the proposed municipal boundary
6. The Residents of the 8 towns
The programme for conducting the PPs in the 8 towns cut across. The Director Administration
and Public Participation was the coordinator in the 8 sessions. The programme was;
1. Opening Prayer
2. Introductions by all participants
3. Opening remarks by the CECM and the CO
4. Presentation for the Ad-Hoc committee members
5. Presentation of the proposed boundary by the consultant
6. Plenary sessions where various concerns were raised by the residents of the various towns
and responded to by the CECM, CO, the Director present, Ad-Hoc Committee members
and the Consultant.
7. Closing remarks by the CECM
8. Closing Prayer
Some of the key observations by the Ad-Hoc committee from the issues raised by the towns’
residents were;
Attached is a photo gallery of the various PPs conducted and the attendance lists.
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Public participation photo gallery
Kivani town PP
Kikima town PP
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Tawa town PP
Kee town PP
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Kitundu town PP
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Attendance Lists
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