CHALLENGES FACING WETLAND ECOSYSTEMS AND RIPARIAN RESERVES;

CASE STUDY, YALA WETLAND SWAMP IN SIAYA COUNTY

CHAPTER ONE: INTRODUCTION

1.1 Background to the Study Problem

A wetland is a region of land that has either been completely or heavily inundated with ground
water that has been seeped from an aquifer or a spring or from a lake or a river or seawater.
Seawater produces the wetlands in coastal regions that experience high tides. (Constanza et al.,
2014; Mitsch and Gosselink 2015). A wetland can be completely submerged in water for the
better part of the year. This varies in intensity and length. The coverage of wetlands is estimated

6 2
at 5.7 × 10 km , or 4 percent of the Earth’s surface (Ramsar Convention Secretariat, 2016)

6 2
and about 1.3 × 10 km of Africa (Lehner and Döll, 2004; MacKay et al., 2009)

According to the Ramsar Convention (Ramsar Convention, 1971, Article 1.1), wetlands can be
defined as;

"...areas of marsh, fen, peatland, or water, whether naturally occurring or artificially created, per
manent or temporary, with water that is static or flowing, fresh, brackish, or salt, including areas
of marine water the depth of which at low tide does not exceed six meters."

According to Beuel et al. (2016), there is no universal definition of wetlands, but the presence of
water at or near the surface is the accepted description. As a result, the debate over resource
usage against environmental conservation has moved to the front of the stage, centered on
wetlands. Wetland damage is primarily caused by a lack of information, which also makes it
difficult to restore them (Sharma and Singh, 2021).

According to the NRSCC (2014), up to 49% of Africa's wetlands lack management plans.
Therefore, there is an extraordinary barrier to the successful management of wetlands in Africa
due to inadequate data and issues with human and institutional capacities (Dixon et al., 2016).
Wetlands in Africa are unevenly distributed with some habitats being characterized by a richer
variety of species than others. In particular, wetlands in areas receiving high rainfall and warm
climates, like the Congo Basin, display a richer diversity of species than those of drier regions
north and south of the 15ºN to 20ºS zone. These wetlands constitute only around 1% of Africa's
total surface area, (excluding coral reefs and some of the smaller seasonal wetlands). It has been
argued that African wetlands contain some of the most productive ecosystems in the world, and
in fact, they are a significant, and frequently the only, source of natural resources upon which
rural economies depend, providing food and energy, medicine, building materials, dry-season
grazing, and transportation for sizable human populations. Over 550,000 people use the
floodplains in the Inner Delta of the Niger River for post-flood dry season grazing, together with
a million sheep and a million goats. (Ghermandi et al., 2008; Mitsch et al., 2015)

In Kenya, Wetlands cover approximately 2,737,790 ha (Businge et al., 2012) and encompasses a
variety of marine, coastal, and inland ecosystems that include deltas, estuaries, mangroves and
marine mud flats, marshes, swamps, bogs, floodplains, shallow lakes and neighborhood of deep
lakes and rivers(Keche et al., 2007). To ensure that maritime wetlands contain vegetation that is
impacted by light, the depth at which sea grass beds and coral reefs should not exceed six meters.
In aquatic ecosystems, the vegetation in shallow lakes can be submerged, emergent or floating
tracheophytes, in salty lakes it can be single-celled algae and blue greens. According to Kenyan
Environmental Management and Co-ordination Act, they are defined as “...areas permanently or
seasonally flooded by water where plants and animals have become adapted” (Government of
Kenya, 2015a).

There are 42 different types of wetlands classified by Ramsar into three major categories: inland,
marine and coastal, and man-made (Gehrig et al., 2015).

Out of these, the six types of wetlands found in Kenya are riverine, lascustrine, Palustrine,
estuarine, marine and constructed ones. These are well described in the Kenya wetlands atlas
(Atlas, 2012).

Examples of the main wetlands in Kenya are:

 Riverine that includes Athi River, Ewaso Ng'iro, Nyando, Yala and Tana River;
 Lacustrine are those wetlands occurring in and around the lakes, whether fresh water
lakes or saline e.g. around Lake Victoria;
  Palustrine wetlands occur where there are marshes, swamps, bogs and floodplains e.g.
King'wal swamp in Nandi Sub-County and Nyando floodplains;
 Estuarine wetlands occur where the fresh and salty water mix and include deltas, tidal
marshes and mangrove swamps e.g. Tana River Delta;
 Marine wetlands are those exposed to the waves and currents of the open ocean and are
characterized by a high level of salinity e.g. Mombasa marine national park and the
Watamu marine national reserve;
 Human made wetlands comprise several disparate artificial structures such as irrigation
schemes e.g. Mwea, Ahero, Bunyala; major dams such as Sasumua, Kindaruma, Turkwel
as well as the salt pans, sewage farms, fish and shrimp ponds.

Yala swamp, the study area, is described as Riverine wetland. This type usually occurs along the
river and stream course, which may traverse hundreds of kilometers and forms wetlands within
the river basins (Atlas, 2012).
Although Kenyan wetlands are regulated by a variety of multi-sectoral laws and policies, the rate
of their degradation is worrisome and unrelenting (Mwita et al., 2012; Macharia et al., 2010).
The River Yala Wetland in Siaya County needs to be protected since it is one of the key water
sources for nearby counties, particularly Lake Victoria. There hasn't been much effort put into
their management and conservation due to the lack of information on their state of degeneration
and the difficulties they face. Yala wetland is one of the major wetlands in Kenya. It covers
approximately 17500ha of land.
According to Nasirwa and Njoroge (2011), the Yala swamp, which makes up more than 90% of
all the papyrus in the nation, is by far the largest papyrus swamp in the Kenyan portion of Lake
Victoria. It acts as a reservoir to Lake Victoria fisheries and supports the biodiversity.

Riparian reserves are defined as adjacent lands on either side of the river banks at least six
meters and up to thirty meters from the highest watermark (Environmental Management and
Coordination Act, 2015). In the constitution, it is firmly established that a riparian land is a
public territory and should not be given to anyone. (Kenya’s Constitution, Article 67)

1.2 Statement of the Problem

Wetlands are crucial for providing significant ecosystem services and habitat for important
species of fauna and flora, but unchecked human activities have led to massive degradation and
eventually the extinction of wetlands. Wetlands are many things to many people. According to
Businge et al., 2012, wetlands are among the most important ecosystems as they have been
appreciated as habitats that are necessary for various economic and conservation activities . In 2002,
Kingori makes an effort to conceptualize wetlands as the component of the land that cannot be
used for habitation, industrial developments or for commercial purposes. Wetlands are among
the most productive environments. They are a cradle of biodiversity, providing water and
primary productivity upon which countless species of both plants and animals depend for
survival. They support high concentration of birds, mammals, reptiles, amphibians, fish and
other organisms and are also storehouses of plant genetic material. Rice, for instance, an example
of a wetland plant, is the staple diet of more than half of humanity, Kenya being amongst them.
Ironically, wetlands have been regarded as “waste-lands” and are associated with sickness,
hardships and risk. This situation is not unique to Kenya; 64-71 percent of wetlands have been lost in
the 20th century (Gardner et al., 2015). Given this propensity for undervaluation, it should come as
no surprise that wetlands are being quickly altered, encroached, over-exploited and endangered
in favor of other productive lands and resources management strategies that seem to produce
immediate returns. Emphasizing the negative impacts and ignoring their importance, these
habitats were considered obstacles in the path of progress and hence drained, filled, despoiled
and degraded for alternative economic gains. The fact remains that wetlands are performing
essential functions in our ecosystems but viewed as waste-lands. Therefore, the policy makers in
Kenya and abroad need to speed their intervention measures with the immediate effect, or else
they will all be a thing of the past. The World Research Institute (WRI) began publishing
periodic reports in response to these threats. For instance, the 2000 report focused on East
Africa’s biodiversity base as one that is on the verge of serious damage. Wetlands are thus
subjected to careful oversight that can give them a chance coexists with human demands.

Wetland degradation has accelerated alarmingly in Siaya County, Kenya, since the 1980s,
although there is no information on the extent of the degradation or the difficulties associated
with its conservation. This study looked at the key obstacles preventing wetland conservation in
Siaya County between 1986 and 2018 and the trajectory of wetland degradation. A stakeholder
workshop with 39 important stakeholders identified the difficulties, which were then prioritized
in order of significance using the pair-wise ranking method. Through examination of land use
maps derived from Landsat photos taken in 1986, 2001, and 2004, trends in wetland degradation
status were evaluated. The stress suppressed to wetlands is a concern and hence the urgent need
to address the issue to our local people. In reality, the issue at hand is not that are thought to have
a lesser economic value, but rather this value is poorly understood, rarely stated, and as a result,
it is typically ignored from decision-making. Due to these concerns on wetlands conservation
and riparian reserves management, the issue raised is;

“Are the relevant stakeholders crying out management practices and how effectively are they
performing”

1.3 Research Objectives

i. To examine the threats to Yala Wetland and Riparian reserves Biodiversity and Future
Prospects
ii. To assess the institutional capacities and roles in managing Yala wetland ecosystem and
riparian reserves
iii. To examine the gaps in the legislative framework towards protection of wetland
ecosystems and riparian zones.
iv. To develop an Action Plan for the sustainable use of Yala wetland ecosystem.

1.4 Research Questions

i. What are the challenges and threats to Yala wetland and riparian reserve?
ii. What are the roles of different stakeholders involved in managing and monitoring Yala
wetland ecosystem and riparian reserve?
iii. Are the legislative frameworks effective in the protection of wetlands and riparian zone?
iv. How does an integrated plan affect the sustainable use of Yala wetland ecosystem and
riparian reserve?

1.5 Justification of the Study

Utilizing environmental resources in a way that will increase their value and sustainability is
crucial for conservation. Multiple ecological functions and balance can be found in many
complex natural resources. Generally speaking, it is preferred to ‘hang on’ to these resources
unaltered rather than exhausting or putting them into other uses.

This study is essential as it gives the importance of conserving wetlands with the objective of
protecting their biodiversity, specific biophysical characteristics and obtaining optimum benefits
from them requires a major shift in policies related land and water use. Yala wetland, for
instance, has undergone decline and degradation. However, past studies on this wetland
recommended reclamation to a settlement scheme to combat food insecurity. This led to a great
controversy between the ‘pro-development’, mainly government officers and the
‘environmentalists’ who regarded the wetland as an important ecosystem. (Osienala, 1998 and
Aloo, 2003) There are environmental values that are gained or lost in either option of letting it
deteriorate or put it into use. These benefits can only be realized through proper analysis and
evaluation of both the benefits and losses.

1.6 Significance of the Study

The study will contribute valuable knowledge and information for the day-to-day activities since
wetlands are ecosystems that hold immense benefit to human beings and hence should be used
sustainably. Shechambo et al (2002) indicated that sustainability as a concept is becoming a
basic tenet of development, implying that ignoring or underestimating the immense contribution
of the environmental resources to the economies of Kenya is tantamount to creating conditions
for destroying the foundation upon which these economies are built. This research can also serve
as a starting point for wetland managers as they develop new and flexible management
techniques. It can also provide spaces for drafting modern management regulations and
legislations that would strengthen the planning and management of wetland ecosystems in
Kenya. Without knowledge of the socially acceptable modern approaches, wetland conservation
and riparian reserves will become endangered.

Wetlands have continued to be endangered ecosystems for development, to produce more food,
provide employment and to settle a rapid growing population. Therefore, there is an urgent need
to conduct a thorough research and document the hydrological functions of wetlands in order to
manage the development in the areas in a sustainable manner. The temptation to develop
wetlands and riparian reserves without further studies must be avoided. This research also
identified importance of the sustainable use of resources. This consists of taking into account the
particular importance of wetlands in national planning (such as land-use planning, water resource
planning and development planning). It commits to international cooperation (Art 5), which
consists of consulting with other signatories about implementation of the Convention, especially
in regard to trans-boundary wetlands, water systems and species. Kenya shares a number of
wetlands with neighboring countries, for example Lake Victoria with Uganda.

Therefore, this study concentrated on examining the trends of their degradation and the
obstacles to their conservation in order to formulate suitable suggestions for reversing the trends.

1.7 Scope of the Study

This study covers River Yala swamp. It is an expansive wetland at the mouth of Rivers Yala and
Nzoia and is located in Siaya County. It was formed by the deposition of silt from the Yala River
at the point where the river flows into Lake Victoria. Within the Yala swamp system, there are
three lakes namely Kanyaboli, Namboyo and Sare. Lake Sare occupies an area of 5km2 and has
a maximum depth of 5m; Lake Kanyaboli occupies an area of 10.5km2 and has mean
(maximum) depth of 3m and a catchment area of 175km2; while Lake Namboyo occupies an
area of 1km2 and has a maximum depth of 10-11m.
1.8 DEFINITION OF TERMS
CHAPTER TWO: SITUATION ANALYSIS AND LITERATURE REVIEW
2.1 Introduction

This chapter outlines the concept of wetland and riparian reserve ecosystems, their diverse
importance to the environment, threats and challenges they face and the different strategies to
curb their degradation. It also focuses on institutional frameworks involved in wetland
management, theoretical and conceptual frameworks that inform the study in managing our
wetlands in Siaya County.

2.2 The Concept of Wetlands and Riparian Reserves

A wide range of habitats connected to water and with comparable management requirements are
collectively referred to as wetlands under one umbrella word. In Ramsar, Iran, in February 1971,
a global conference was organized to explore the suffering of wetlands, and the attendees came
up with a broad but universally acknowledged definition of wetlands.

According to Dugan, 2001, wetlands are described as "areas of marsh, fen, peat land, or water,
whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh,
brackish, or salt, including areas of marine water the depth of which at low tide does not exceed
six meters" (Ramsar Convention on Wetlands of International Importance, especially as
waterfowl habitats). It is believed that the association of light, water, soil, and plants begins to
play a significant part in defining wetlands at a depth of six meters, as stressed in the definition.
Wetland-associated plants can serve as markers of the presence of a wetland even in areas where
there are significant water changes between wet and dry seasons. Since most nations do not
possess all the wetlands types listed in the Ramsar classification (Appendix 2.1), they have
developed various definitions of wetlands in an effort to find precise descriptions of wetlands
within their borders that are consistent with the Ramsar classification's overall definition. This is
explained by the diversity of wetland ecosystems and the continuum-like boundary between the
dry and wet environments. However, research indicates that wetland soils can be found on
physiographic units like plains, river valleys, and bottomlands that have slopes of less than 5%
(Wamicha, 2005).

Due to their tremendous production, wetlands are among the most significant ecosystems on
earth (Constanza et al., 2014; Mitsch and Gosselink, 2015). Wetlands have produced a variety of
products and services over the years that have benefited individuals, society, and the economy
(Mitsch et al., 2015). According to the Millennium Ecosystem Assessment (2005), wetlands are
recognized to carry out a number of significant ecosystem activities, including decomposition,
primary and secondary production, nutrient cycling, and fluxes of nutrients and energy. )
However, human population pressure, particularly in sub-Saharan Africa, combined with
unsustainable exploitation, has led to a decline in wetland areas. The exploitation of natural
resources is a major source of income for numerous neighborhoods in developing nations. The
majority of the resources are located in extremely underdeveloped rural areas where the main
sources of income are farming, fishing, and the gathering of various wetland products. Thus, the
overexploitation and high dependence of local human populations and their domestic animals on
wetland habitats and their natural resources have increased in these ecosystems, posing
numerous direct and indirect threats and negative impacts on biodiversity and environmental
sustainability and ultimately threatening people's livelihoods.

2.2.1 Classification of Wetlands

Type of Description Function

wetland
Marshes Marshes are defined as wetlands i. Marshes recharge
frequently or continually inundated with groundwater supplies and
water, characterized by emergent soft- moderate stream flow by
stemmed vegetation adapted to saturated providing water to streams.
soil conditions. ii. Helps to reduce damage
caused by floods by slowing
Nutrients are plentiful and the pH is
and storing flood water.
usually neutral leading to an abundance
iii. Marsh vegetation and
of plant and animal life.
microorganisms also use
Divided into two; non-tidal and tidal excess nutrients for growth
that can otherwise pollute
surface water such as
nitrogen and phosphorus
from fertilizer

Swamps This wetland is dominated by woody i. Swamps serve vital roles in

plants. flood protection and
nutrient removal.
They are characterized by saturated soils
ii. Floodplain forests are
during the growing season and standing
especially high in
water during certain times of the year.
productivity and species
The highly organic soils of swamps
diversity because of the rich
form a thick, black, nutrient-rich
deposits of alluvial soil
environment
from floods.
Are divided into; shrub swamps and iii. Many upland creatures
forested swamps. depend on the abundance of
food found in the lowland
swamps, and valuable
timber can be sustainably
 harvested to provide
building materials for
people.

Bogs They are characterized by spongy peat Bogs serve an important ecological
deposits, acidic waters and a floor function in preventing downstream
covered by a thick carpet of sphagnum flooding by absorbing precipitation.
moss.

Bogs receive all or most of their water

from precipitation rather than from
runoff, groundwater or streams.

Fens They are peat-forming wetlands that i. Provide important benefits

receive nutrients from sources other in a watershed, including
than precipitation: usually from upslope preventing or reducing the
sources through drainage from risk of floods
surrounding mineral soils and from ii. Improving water quality
groundwater movement and providing habitat for
unique plant and animal
communities.

(Source…………….)

Table………

Distribution of wetlands in Kenya

The Kenyan National Wetlands Committee developed the definition of wetlands in Kenya in
1994. It defines wetlands as “Areas that are permanently, seasonally or occasionally waterlogged
with fresh, saline, brackish or marine water including both natural and manmade areas that
support characteristic plants and animals’’ (SESSIONAL PAPER ON NATIONAL
WETLANDS CONSERVATION AND MANAGEMENT, April 2008)

Different types of wetlands occur in Kenya. Generally, a wetland is formed due to interplay of
the topographic and the hydrological aspects in an area resulting from either natural or human
induced manipulations. Topographic aspects refer to the morphological attributes such as slope
or the depression that allows water retention at or very close to the ground surface (Nyamweru,
1992:5). Hydrologic conditions embrace aspects such as periodic water supply, which may be
perennial or seasonal. Examples of wetlands found in Kenya include shallow lakes, edges of
deep lakes, rivers, manmade dams, shallow wells, swamps, marshes, springs, deltas, estuaries,
rice paddies, mountain bogs, peat-lands, mangroves, open coastlines and coastal beaches
(Njuguna, S. 1996)

Wetlands within the Kenya borders cover an area of approximately 15,000 Km2 constituting
2.5% of the country’s total surface area (582,646kms2) (Njuguna, S. 1996:1) while wetland
associated soils cover 10% of the country (Wamicha, 1997:1). Wetlands are not evenly
distributed and some areas have plenty while others have scanty or none. According to NMK
(1999:5), wetlands in Kenya can be viewed to occur within 5 main regions namely the Coastal
lowlands, Central highlands, Rift Valley, Lake Victoria basin and the Dry land regions. The main
wetland types found in these five regions are shown in Figure 2.1 and described briefly in the
proceeding sections of this chapter.

A riparian buffer zone is an area where a body of flowing surface water or marsh meets the land.
Wetland riparian areas are equivalent to river banks or riparian reserves for the purposes of this
study. Riparian buffer zones are very modest yet offer significant ecological services for urban
environments, such as flood control, water storage and recharge of subsurface aquifers, and
preservation of biological diversity. Urban riparian ecosystems have frequently been considered
"underutilized wastelands" due to their limited coverage, making them vulnerable to
unauthorized habitation and tremendous harm. (Ministry of Environment, Water and Natural
Resources - MEWNR, 2013, Karisa, 2010)

2.2.2 Importance and Functions of Wetlands and Riparian Zones

The following special services and advantages that wetlands provide for people and other living
things serve as the foundation for their conservation and sustainable use:

Flood Control and Soil Erosion Prevention

Wetlands serve as natural sponges, soaking up extra storm water from heavy downpours to
prevent flooding, regulate flow, and manage soil erosion. Floodwater volumes might be
decreased downstream if they are retained as surface water or stored in the soil. Wetland
vegetation also reduces floodwater flow, allowing silt and sediment to be retained and riverbanks
to be protected. This procedure guarantees that river flows are maintained for longer periods of
time, in addition to decreasing flooding incidents downstream. Additionally, vegetation in
wetlands protects the soil from wind and powerful waves.

Water Discharge and Recharge

Wetlands can discharge and replenish both surface and groundwater resources due to their
capacity for retention. The water can remain in one spot for a long enough period of time due to
the drainage obstruction, maximizing infiltration and increasing groundwater and aquifer
recharge. Water from wetlands and aquifers that is not used is released into springs, rivers, and
other bodies of water. Aquifers also perform a supplementary function by replenishing wetlands
when they are dry.

Water Purification, Nutrient and Toxic retention

Wetland vegetation improves the quality of water downstream by absorbing harmful and
nutrient-rich materials from inflowing water.
From agricultural, residential, and industrial sources come nutrients and hazardous chemicals.
Water is purified as a result of the vegetation in wetland areas filtering the materials that are
eroded in the watershed. Wetland resources upstream, including dams, farms, rivers, and lakes,
are shielded from silting by the material retained there. By replenishing nutrients and soil,
sediment retention in floodplains helps agriculture.

Fish and Wildlife Habitat

Wetlands are essential for both plant and animal life. For estuarine and marine fish and shellfish,
different bird species, and some mammals to exist, there must be coastal wetlands. The majority
of commercial and game fish breed there and raise their young in estuaries and coastal wetlands.
Among the fish that rely on coastal wetlands are menhaden, flounder, sea trout, spot, croaker,
and striped bass. These wetlands are also necessary for food, shelter, and breeding grounds for
shrimp, oysters, clams, blue and Dungeness crabs.
Inland wetlands are the only habitats available to many animals and plants, including wood
ducks, muskrats, cattails, and swamp rose. In fact, beavers might develop their own wetlands.
Wetlands are crucial habitats for some species, including striped bass, peregrine falcons,
raccoons, otter, black bears, and deer.

Riparian forests function as hubs for wildlife, cattle, and people while also supporting an external
ecology. By providing food, water, and other goods, they enable life in nearby and remote
habitats. Wetlands are a valuable source of therapeutic plants for both cattle and people because
they sustain a more luxuriant growth of vegetation than the nearby dry plains. However,
documentation of indigenous knowledge is lacking (ibid.). Birds, primates, herbivores, and
predators use riparian forests in river valleys' dense vegetation as bridges or migration corridors
as they move from one area of dry land to another (Gichuki et al. 1999:35).

Economic values of wetlands

Wetlands have historically been a source of livelihood for people (Barbier et al., 1997). The
value and use of natural resources and other resources, as well as people's access to them,
money, and employment, all play a role in economic interaction (SADC REEP, 2002:5).
Economic goals and population growth cause a development crisis marked by unrestrained and
damaging resource extraction, environmental damage, resource depletion, poverty, hunger,
conflicts, and social oppression (Zerner, 2000:4;). Additionally, this results in a widening of the
wealth gap and a rise in the proportion of those who are truly impoverished. Economic expansion
in the "developed world" has boosted demand for natural resources as well as consumption.
Exploitation and inequality in developing nations are factors in the misery and poverty that
people experience (RU/SADC, 2000). The economic benefits of wetlands include the provision
of food in the form of plants and animals, water for domestic use and for animals, saltlicks,
herbal medicines, fuel wood, recreation, tourism, timber and non-timber products, grazing areas,
and mineral resources.

According to RoK (2001b), poverty is pervasive in Kenya, a developing nation. In order to

provide for their needs in terms of food and employment, the poor are forced to exploit wetlands.
Wetland goods are overharvested as a result of poverty, which harms wetlands. Water, fish, and
other wetlands' inhabitants, papyrus, and forests related to wetlands are some of the resources
that are overharvested. The potential of Kenya's agriculture is very important to its economy.
Yala Wetland Swamp attracts farming activity due to the availability of water and moist, fertile
soils. Cereals, vegetables, and fruits are among the crops that can be cultivated in wetlands
(Odongo, 2008; Njuguna, P. 2008; Mavuti, 2007). Food obtained from wetlands is consumed
locally, and any excess is sold to metropolitan areas (Gichuki & Ndiritu, 2001:7).

2.3 Threats and Challenges to Yala Wetland and Riparian reserves Biodiversity and
Future Prospects

Wetland ecosystems have lost much of their character, leading to loss of biodiversity and
reduced performance of functions (Hassan et. 2005). For the global resource of fresh water
wetlands, it is evident that these areas have been lost due to human activities like agriculture and
industrialization. About 50% of the areas of peat land, depression wetlands, riparian zones and
flood plains have been lost (Millennium Ecosystem Assessment, MEA 2005). However, the
extents of impacts on African wetlands are unknown, (MEA 2005) but the threats can be seen by
a number of researches in the Lake Victoria Basin. (Kairu, 2001; Balirwa, 1998) In spite of many
countries ratifying the Ramsar Convention, wetlands continue to be under threat of being drained
and reclaimed (Verhoeven and Setter, 2009). However, there is increased awareness about the
importance of wetlands and the need for their conservation. Because of this, many stakeholders
are now interested in their sustainable management and conservation.

According to Finlayson et al. (2013) and Xu et al. (2019), sand harvesting, invasive species,
pollution, urban housing development, and climate change are the leading causes of wetland loss
and degradation worldwide. Increasing population, economic progress, and climate change are
primarily to blame for Africa's declining wetlands (Schuyt, 2005). According to Oduor et al.
(2015), overuse of papyrus, farming, and grazing are only a few of the factors that have led to
significant degradation in Kenya. Incapacity to enforce managerial choices, poor financial
conditions, and unstable employment

For instance, Yala Swamp is home to numerous unidentified plants and animals that improve the
daily lives of the local community (Aloo, 2003). Due to the loss of fish breeding grounds,
removing or draining wetlands has a negative impact on the ecology (Riedmiller, 2001). Wetland
conversion to agriculture poses a threat to ecological systems, including hydrology,
geomorphology, and vegetation (Nyamadzawo et al., 2015). As a result, random wetland
conversion to cropland needs to be controlled. Utilizing a participatory approach to create an
ecotourism business plan in Got Ramogi (Odede et al., 2013) and resolving issues with natural
capital sharing between the community and Dominion Farms that had impacted community
livelihoods and conservation (Kemunto, 2018) are a few examples of efforts to sustainably use
and conserve Yala swamp.

Threats to Yala wetland and Riparian ecosystems

Water pollution

Water pollution comes from both point and non-point sources in the Yala wetland habitat and
riparian reserve. According to Raburu (2003), the wetland receives large nitrogen and organic
loads from the agro-based businesses in the upper watershed of the basin. In a similar way, rice
and horticulture cultivation in the lower catchment and herbicides, pesticide residues, and
fertilizers used in small-scale maize farming in the middle reaches of the river basin all
significantly contribute to pollution loads (Kairu, 2001). Through surface runoff, municipal
wastes from neighboring counties also enter the marsh. Additionally, human and animal waste
has caused nutrient poisoning of the groundwater in the inhabited areas of the marsh.

Soil erosion and siltation caused by flooding

The large marsh areas with very little gradient and heavy rainfall in the catchment areas of the
Nandi Hills are characteristics of the Yala River floodplains. Flooding in the wetlands is
significantly influenced by rivers. Poor agricultural practices and deforestation in the upper Yala
watershed and catchment area have caused significant river siltation, which is ultimately
deposited in the wetland. The long rainy season, which has a climax in April and May, is when
flooding situations frequently occur. Direct heavy rains and poorly drained plains soils make the
issue worse and bring about a seasonal disaster for the riparian villages. Backflows of lake water
into areas of Budalangi that border the marsh exacerbate the flooding issue.
Flooding, a frequent and seasonally predictable phenomenon is a major contributor to food
insecurity and poverty in the local populations because it wipes out crops, washes away homes,
and reduces grazing and farming areas. The frequently recurring floods disrupt the towns by
displacing residents, destroying property, endangering human and environmental health,
producing water logging, making travel difficult, and having a severe impact on education.
Flooding during the rainy seasons frequently results in crop loss, while droughts that come after
the rains also do the same.

High incidence of poverty

Another sign of poverty in the area is a high dependency ratio. According to the 2016 KNBS
report, the poverty rate in Siaya County is 27.3%. In addition to increasing poverty, this places
extra strain on the human resource base. In the region, poverty levels have been rising over time,
according to the welfare monitoring surveys conducted in 1994 and 1997. Many of the people
who live in the River Yala Wetland have few other sources of income, so they are completely
dependent on the wetland and, specifically, papyrus. According to estimates made by Morrison
et al. (2012), more than 60% of community members who live close to the wetland earn more
than half of their total income just from papyrus, and 40% have no other source of income at all.
The Lake Victoria Basin's degraded ecosystems have been linked primarily to this poverty-
environment trap. Poor communities continue the negative cycle that further degrades the
environment because they are ignorant of the improper, damaging methods by which they exploit
natural resources like forest timber and soil. Poor communities lack the necessary knowledge of
production methods. As a result, how people use resources to support themselves harms the
resources around them and, ultimately, the entire planet.

Wetland reclamation and Encroachment

High human populations, increasing at an annual rate of around 3%, have been a major impetus
for increased and intensified agricultural activities and higher wood fuel consumption rates. This
has led to increased deforestation, soil erosion, soil and water contamination and reclamation of
wetlands in the River Yala wetland and Riparian reserve. Degradation of catchment areas,
changes in the natural flow regimes of streams and rivers, droughts and siltation have all
conspired to either degrade or destroy existing wetlands. Further, wetland reclamations have
been done through draining the swamp to pave room for settlements and development.

The Concept of Riparian Reserve

Riparian Buffer Zone Delineation

The Environmental Management and Coordination Act (wetlands, beaches, and seas) of 2009
define a riparian reserve as land bordering a river, lake, or sea measured from the highest normal
water mark. The breadth of the riparian reserve is calculated from the highest water mark, which
refers to the historical recorded level of contact between the water and the beach or bank. The
legislation specifying the official size of the strip of government-owned riparian land is not
standard and varies according to a non-conventional formula in which the riparian area on either
side of the river is to be set equal to two times the width of the river (Lelo, Chiuri, and Jenkins,
2005). The width of the riparian zone also supplies the setback lines. The EMCA's Water Quality
Regulations (2006) require a riparian width of at least six (6) metres and a maximum of 30
metres on either side of the highest recorded flood level, below which no development should be
done. The Water Resource Management Rules 2007, derived from the Water Act, define riparian
width as land on either side of a watercourse, at a minimum of six (6) metres or equal to the full
width of the watercourse up to a maximum of 30 metres on either side of the bank, measured
from the top edge of the watercourse's bank. The breadth of the watercourse is equal to the
distance between the top edges of its banks.

Table Legal provisions on allowable riparian reserve

State/institution Recommended setback lines

Water Act (2002) Minimum of 6 meters and maximum 30 meters from

edge of the river

Environmental Minimum of 6 meters and maximum 30 meters from

Management and highest recorded flood level

Coordination Act (EMCA)

1999

Agricultural Act 6 to 10 meters , sometimes ad hoc

Physical Planning Act Minimum of 2m in height and maximum 30m

horizontal

from the edge of the river

Survey Act Not less than 30 meters from the high water mark
 By-laws A maximum of 30 meters from the high water mark

Ownership and Management

Riparian zones are government-owned and consequently public property under the Land Act of
2012. Although the Land Act grants the National Land Commission rights to allot public land to
individual owners, the commission cannot award public land that has been designated as
ecologically sensitive, such as along watersheds, rivers, and stream catchments (Republic of
Kenya, 2012b).

As a result, because riparian buffer area is public land and environmentally fragile, it should
never be awarded to a private developer under the Act. So, who would manage the activities in
this riparian zone? There have been some disagreements about who should manage land use
inside riparian areas.

The Land Act (2012) requires the National Land Commission to define and demarcate
environmentally sensitive public properties, as well as give recommendations defining
management principles and land usage. The EMCA Act (1999) requires NEMA to gazete
riparian land as a protected area in consultation with the relevant lead agencies, and to issue
guidelines and prescribe measures for the management and protection of areas of environmental
significance, taking into account the geographical size of the river bank and the community's
interests. If the riparian buffer zone is to be effectively safeguarded, guidelines on resettlement,
compensation for private developers, restoration, and long-term management are required. The
Water Act charges the Water Resource Management Authority with the designation and
management of wetlands.
Tools in Monitoring Riparian Land Use

According to Macleod and Congalton (1998), four aspects are important when monitoring land
cover changes along natural resources: detecting the changes that have occurred; identifying the
nature of the change; measuring the area extent of the change; and assessing the spatial pattern of
the change. GIS and remote sensing tools have been created and utilized to quantify and
characterize land cover changes for natural resource management. The primary advantage of GIS
and remote sensing techniques over traditional socioeconomic indicators such as population
growth is their ability to describe socioeconomic variables spatially over time and place (Herold,
Couclelis, and Clark, 2005).

Numerous studies have been undertaken in Kenya that adopted GIS and remote sensing tools in
monitoring land cover changes and urban growth processes. Mubea et al. (2014) used GIS and
remote sensing tools in simulating and assessing urban growth scenarios in Nairobi between
1986 and 2010 and predicting future trends to 2030. Mundia and Aniya (2005) integrated remote
sensing and geographic information system (GIS) in mapping the spatial dynamics of land
use/cover changes and quantifying the urbanization process in Siaya County.

Katana et al. (2013) monitored land cover changes in the Upper Athi River Catchment Area
using GIS and remote sensing techniques. The study examined land use cover changes for three
years, 1984, 2000, and 2010, and forecasted land cover changes along the catchment zone.
According to the findings, agricultural growth and urbanization will be the primary causes of
environmental changes within the catchment region by 2030, and mitigation actions will be
required to avoid negative consequences.
CHAPTER FOUR: METHODOLOGY

4.1. Introduction

Research methodology is the specific procedures or techniques used to identify, select, process,
and analyze information about a topic. In a research paper, the methodology section allows the
reader to critically evaluate a study’s overall validity and reliability. The methodology section
answers two main questions: How was the data collected or generated? How was it analyzed?
Research methodology simply refers to the practical “how” of any given piece of research. More
specifically, it’s about how a researcher systematically designs a study to ensure valid and
reliable results that address the research aims and objectives.

For example, how did the researcher go about deciding?

 What data to collect (and what data to ignore)

 Who to collect it from (in research, this is called “sampling design”)

  How to collect it (this is called “data collection methods”)

 How to analyze it (this is called “data analysis methods”)

4.2. Research design

The research design adopted presented a structural framework of the various research methods as
well as techniques that were used entirely during the research. The study invested on the use of a
systematic approach to aid in the journey into the unknown. Both qualitative and quantitative
research design were adopted during the study at the study area.

Focusing on the quantitative approach, we need to measure and describe frequencies, averages
and correlations of the aspects under concern revolving our research in River Yala wetland
ecosystem. Also, carrying out test hypothesis about interrelationships between variables is
important while carrying out quantitative approach. Finally, testing the effectiveness of a new
treatment or the best sustainable way in River Yala wetland swamp will be vital.

The quantitative design will follow the following models

Experimental
 Used to test causal relationships
 Involves manipulating an independent variable and measuring its effect on a dependent
variable
 Subjects are randomly assigned to groups
 Usually conducted in a controlled environment (e.g. a lab)

Quasi-experimental

 Used to test causal relationships

 Similar to experimental design, but without random
assignment
 Often involves comparing the outcomes of pre-existing groups
  Often conducted in a natural environment

Co relational

 Used to test whether (and how strongly) variables are related.

 Variables are measured without influencing them.

Descriptive.

 Used to describe characteristics, averages, and trends. Variables are measured without
influencing them.

In using the qualitative research design, the following type will be considered;

Case Study: This will be a detailed study of a specific subject. In our case, River Yala
wetland and Riparian Reserve will be our case study where data will be collected using a variety
of source and methods. The study will focus on a holistic understanding of the whole case in a
deep context.

Specifically, the researchers adopted a descriptive research design, aiming at generating a

detailed examination of the challenges facing River Yala wetland and Riparian Reserve
ecosystems. The descriptive approach adequately suited the research on our area of study since it
entailed a systematic description of all important phenomena. The research looked at the general
state of the wetland ecosystem before human interferences, current and the future prospects of
the ecosystem.

The descriptive design explained the state of things in depth, from the research materials. This
way, a deeper understanding of the subject was achieved. Impacts of the human activities on the
wetland were deeply examined using primary and secondary data.

Questionnaires and interviews were data collection methods used to acquire primary data for the
study. Secondary data, from books and the internet also aided in supplying necessary data for
the study. Through this study, research questions were solved through a critical analysis and
measurements of the unsolved problems. The following were the descriptive research methods
used; first, the study heavily made use of surveys. These surveys were instrumental in acquiring
a huge percent of the data that was to be later analyzed for frequencies, averages and patterns.
The survey evaluated the community’s view on managing the wetland for sustainability. By
weighing the preserved assumptions, the study was able to help researchers know how the
hypothesis of the research was created. The second descriptive method used during the study was
observations. The method helped in gathering data on the different phenomena without relying
on the honesty and accuracy of our respondents. Finally, the descriptive research also relied on
cases studies from other researchers.

4.3. Nature of data

Primary and secondary data sources were used for the field study. The primary data sources used
included: questionnaires, observation and interviews. Secondary data was obtained from several
sources which include: documents, reports and maps relevant to the study.

Table 4.1 5 Showing Variables of investigation

OBJECTIVE VARIABLE OF SPECIFIC ASPECT OF NATURE

INVESTIGATION THE VARIABLE OF DATA

i. To examine Species diversity Overexploitation of the

the threats to wetland resources may lead to
Yala Wetland removal of the existing flora
and Riparian and fauna. A new ecosystem
reserves may also be introduced due to
Biodiversity invasive species.
and Future
Water quality The water is subject to
Prospects
undergo certain chemical,
physical and biological
transformation. The level of
nutrients (e.g., nitrogen and
phosphorus) and other
minerals in the swamp water
 may increase due to organic
decomposition, geological
emissions and surface runoff
discharges from settlements
around the swamp.

Environmental Degradation to the landscape

degradation and existing vegetation cover

Water loss Human activities, for instance,

agricultural practices may
provide potential for
infiltration of water into the
sub surface hence leading to
loss of water

Water-borne Water-borne diseases such as

diseases malaria, fever and typhoid may
arise

Economic Wetland ecosystem provides

development economic benefits to the local
residents through fishing,
agriculture and tourism.

vii. To assess the Economic incentives Does the local or national

institutional governments produce a natural
capacities and response from parties by
roles in rewarding or motivating the
managing Yala communities who use the
wetland wetlands to reduce pollution
ecosystem and into the waters?
 riparian Policies and Does the governing structures
reserves regulations have sustainable laws and
policies that protect the natural
resources for symbiotic
benefits

Management and
implementation

x. To develop an Community  How well is the resource rooted

Integrated sustainability to the neighborhood
Action Plan for community?
the sustainable  How will the community
use of Yala manage the resources
wetland sustainably, once there is no
ecosystem. more financial support from the
government and other
environmental stakeholders?
 Ensuring the community has a
sense of ownership towards the
environmental resource (the
wetland); especially in decision
making process and creation of
public awareness.

 Funding sources available for

Feasibility
the future to make sure, the
project can sustain its financial
 needs
Identifying project activities that
can generate income so that the
resources are not over-utilized.

4.4. Data collection

Data collection is the process of gathering and measuring information on targeted variables in an
established system which then enables one to answer relevant questions and evaluate outcomes.

I used both qualitative and quantitative approaches appropriate for data collection and the
instruments used were; questionnaires, interview schedules, observation checklists, camera and
GPS for getting the coordinates.

Data collection procedure

The main aim of the research was to achieve the objectives that we set earlier which were;

i. To examine the threats to Yala Wetland and Riparian reserves Biodiversity and Future
Prospects
ii. To assess the institutional capacities and roles in managing Yala wetland ecosystem and
riparian reserves
iii. To develop an integrated Action Plan for the sustainable use of Yala wetland ecosystem.

The research questions assisted in defining what we wanted to find out through collecting
qualitative and quantitative data.

Choosing the data collection methods

4.5: Data collection methods

 Method Objective How to collect data

Experiment To test a causal relationship. Manipulate variables and measure their

effects on others.

Survey To understand the general Distribute a list of questions to a sample

characteristics or opinions of online, in person or over-the-phone.
a group of people.

Interview/focus To gain an in-depth Verbally ask participants open-ended

group understanding of perceptions questions in individual interviews or
or opinions on a topic. focus group discussions.

Observation To understand something in Measure or survey a sample without

its natural setting. trying to affect them.

Ethnography To study the culture of a Join and participate in a community and

community or organization record your observations and reflections.
first-hand.

Archival research To understand current or Access manuscripts, documents or

historical events, conditions records from libraries, depositories or the
or practices. internet.

Secondary data To analyze data from Find existing datasets that have already
collection populations that you can’t been collected, from sources such as
access first-hand. government agencies or research
organizations.

Here, I implemented the chosen methods in collection of the data which were;

Observations

Questionnaires

i. Interviews
ii. Photography
iii. Use of GPS(getting the coordinates)

Observations
Observation method was used to assess the importance, challenges and threats to the Wetland
and Riparian Reserve

plate 4.1 1 showing tailings on the mining site (Field Survey, 2021).

Photography

Photography was used in qualitative data gathering for example taking pictures of various uses of
the wetlands by the community, some of the observable threats and challenges to the wetland.
The land use patterns and trends together with the infrastructure were photographed using a
camera and used to bring a clear picture of all activities involved.

plate 4.1 2 showing miners processing gold mining (source field survey 2021)

Questionnaires

I used questionnaires to collect quantitative data by administering them randomly so as to ensure

correct responses and maximum return rates. The questionnaires were based on the objectives.
My questionnaires had both open ended and closed ended questions. Open ended questions gave
respondents an opportunity to think critically on the questions asked and gave chances for a wide
range of responses. Closed ended questions were meant to elicit specific responses without
additional explanation.

Sampling procedure

There are three factors that are used in determining the size of the confidence interval for a given
confidence level. They include;

 Population size
 Percentage
 Sample Size

4.5.2. Sample Size

The larger the sample size, the surer you can be that the respondent’s answers truly reflect the
population. This indicates that for a given confidence level, the larger your sample size, the
smaller your confidence interval. However, the relationship is not linear (i.e., doubling the
sample size does not halve the confidence interval).

4.5.3. Percentage

When determining the sample size needed for a given level of accuracy you must use the worst
case percentage (50%). You should also use this percentage if you want to determine a general
level of accuracy for a sample you already have. To determine the confidence interval for a
specific answer your sample has given, you can use the percentage picking that answer and get a
smaller interval.

4.5.4. Population Size

The confidence interval calculations assume you have a genuine random sample of the relevant
population. If your sample is not truly random, you cannot rely on the intervals. Non-random
samples usually result from some flaw or limitation in the sampling procedure. An example of
such a flaw is to only call people during the day and miss almost everyone who works. For most
purposes, the non-working population cannot be assumed to accurately represent the entire
(working and non-working) population. An example of a limitation is using an opt-in online poll,
such as one promoted on a website. There is no way to be sure an opt-in poll truly represents the
population of interest.

In this study, the determination of the sample size was adopted from (Daniel, 1999) formula: In
determining the population, I applied the following method to determine the targeted population
adopted from (Daniel, 1999) formula:

Z 2 × p(1− p)
¿
e2
Sample
Z 2 × p ( 1− p )
1+( )
e2 N

Where n = sample size,

Z = statistic for a level of confidence,

P = expected prevalence or proportion (in proportion of one; if 50%, P = 0.5),

Z statistic (Z): for the level of confidence of 95%, which is conventional, the Z value is 1.96.

In this study, we will present our results with 95% confidence intervals (CI).

Calculation of the first part of the equation:

2
Z × p(1− p)
e2

2 0.5 ( 1−0.5 )
¿( 1.06) ×( )
0.0025

( 0.5−0.25 )
¿ 1.0416 ×
0.0025

¿ 1.0416 ×100

¿ 104.16

Calculation of the second part of equation:

( )
2
Z × p ( 1− p )
1+ 2
e N

¿ 1+¿

0.9604
¿ 1+( )
115.54

¿ 1+0.002626

¿ 1.002626

104.16
¿
1.002626

¿ 103.154

103

The expected sample size is 103 at a marginal error of 5% for a 95% confidence level.
 In my research design, the research included various data collection methods, for instance,
surveys, which will allow me to collect data about opinions, experiences, and characteristics, by
interacting with the people directly.

I also employed the use of use observations to acquire data that will involve systematic counting
and measuring. I also noted the observed descriptions in preparation for the data analysis.
Observation methods are; quantitative where characters count and also take notes to measure
subjects systematically and quantitative methods where I will take detailed notes and writings
with descriptions.

The main survey methods used during the research include questionnaires and interviews where
the two will be used in both qualitative and quantitative research. I also used secondary data to
gather the necessary data (Kennedy- Clark, (2013). For instance, datasets acquired from the
Department of Environment, natural resources and Forestry on the different regulatory
frameworks and the mortality rate.

In conclusion, I applied the use of both qualitative and quantitative research designs in finding
out the impacts and future prospects of wetland ecosystems, Yala wetland ecosystem.

4.6 Data analysis

The study used mainly qualitative analysis as well as, but not much of, quantitative. Interviews,
questionnaires, observations and existing evidence were conducted. Interviews, observations,
photographs, and existing evidence was used to support the findings from the questionnaires.
The findings(Suska-malawska, 2017) of the study is based on the data provided by the
respondents.
 CHAPTER FIVE

DATA ANALYSIS, INTERPRETATION, PRESENTATION AND

DISCUSSION

Results and Discussions

The Key Informant Interviews’ responses as shown in Figure 5 revealed that wetland destruction
by urban development coupled with illegal allocation of riparian land were the main concerns
facing management of riparian reserves. Pollution and floods were identified as emerging ripple
effects of uncontrolled urban development and continuous destruction of riparian reserve

Figure 5: KII responses on the key concerns facing management of riparian reserves

NEMA WRMA MOE&NR WRUA SIBO

Pollution

Uncontrolled water

abstraction

Wetland destruction
 by urban development

Lack of prioritization

of natural resource

management on

National priorities

Illegal allocation of

riparian land

Flood risk

Assessing Land Cover Changes in the Siaya County region

The results from the classification as shown in Table 5 indicates that urban development (built
up areas) have consistently increased in acreage, with a noticeable increase from 227,834 ha in
2010 to 486,778 ha in 2014, a change of 113 per cent. The urban land cover class has
experienced the highest positive change compared to the other land cover classes in the
metropolis. The spike in the rate of change in the built up areas between 2010 and 2014 is
observed to be dominant along Kisumu-Busia Highway.

Assessing Magnitude of Wetland Riparian Encroachment

The size of the 30 metre riparian buffer zone has been estimated as 14,982 hectares (149.8 km2),
therefore occupying 3 per cent of the total NMR land area. From previous assessments, the
wetlands areas have experienced a 50 per cent drop between 2010 and 2014. The total area
encroached area was 14,818.46 hectares, accounting for 99 per cent of the total riparian reserve.
It is therefore critical to assess the patterns of change and measure the rate and patterns of
encroachment of the different land cover classes, over four epochs, 1988, 2000, 2010 and 2014.
Contribution in encroachment patterns by land covers classes

An assessment of the share of the total area encroached (ha) to the total riparian buffer area (ha)
within the riparian buffer indicates a gradual increase in encroachment from 1988 to 2014, with
less than 1 per cent of the total buffer zone left untouched. The contribution of each land cover
class (ha) was determined as a per cent of the total area encroached (ha) (equation 1).

CLC = LC / TEA × 100 ……………………………………………………………………. (1)

Where:

CLC = the Contribution on total encroachment per land cover class

LC = Acreage (Ha) of each land cover class encroached

TEA = Total encroached area (Ha)

It was noted that bare land and vegetation land cover classes dominate as primary use of the
riparian buffer zone throughout the four epochs as shown in Figure 8 below. The contribution of
built up areas (urban) is still significantly low compared to vegetation and bare lands, and has
been stagnant between 1988 and 2010, with an increase experienced between 2010 and 2014.

Encroachment by land covers class

Temporal rate of change of encroachment by land cover class

Although built up areas still occupy a small coverage (area) of the total buffer zone area, an
assessment of the temporal rate of change in each land cover class is paramount. The rate of
change of each land cover class determined as a percentage is as expressed in equation 2 below:

LCR = (LCt

− LCt − n) / LCt − n × 100 ………………………………………………. (2)

27

Where:

LCR = the rate of change per land cover class (%)

LCt

= Land cover area (ha) at current year

LCt − n = the Land cover area (ha) of previous year

Assessment of rate of change of encroachment (%) by land covers class

The results as shown in Figure 9 indicates that the rate of change of built up areas encroached
within the riparian buffer zone has been more drastic than all the other land cover classes.

Between 1988 and 2000, the encroachment of built up areas significantly increased. Significant
slowing down of riparian encroachment was experienced across all land cover classes between
2000 and 2010, which could be attributed to instituting the EMCA in 1999 and the Water Act in
2002, the Physical Planning Act in 1996, and formation of NEMA and WRMA. Of concern is
the dramatic increase in encroached of built up areas between 2010 and 2014 by 262 per cent,
higher than any other land cover class. This is indicative that in three years, for every hectare of
riparian land encroached by buildings the density increased by 20 times.

Therefore, though the contribution of built up areas encroached versus the total riparian buffer
zone is low, the temporal rate of change of built up areas is alarming.

Temporal rate of change of encroachment by region

Equation 2 has been adopted in assessing the temporal rate of change of encroachment by built
up land cover class per region. The Northern region experienced the highest change in built up
areas within the riparian zone between 1988 and 2000. Between 2000 and 2010, the changes in
built up areas within the riparian buffer zone was the lowest. The low increase in built up areas
within the riparian buffer zone between 2000 and 2010 could be attributed to changes in policy
and legal framework as related to environmental management, including:

• Operationalization of the Millennium Development Goals in 2000.

• Establishment of the Environmental Management and Coordination Act

(EMCA) in 1999, which is the principle instrument that governs management of riparian
reserves.

• Enactment of the Water Act in 2002.

• Establishment of the Water Resources Management Authority (WARMA) in

2003, charged with the mandate of management of water resources.

The establishment of the Physical Planning Act in 1996 operationalized land use planning
functions in the country.

Discussions

Are the legislative frameworks effective in managing wetland riparian zones?

Studies have shown that “command and control” policies are only effective in the management
of common pool resources (CPR) upon rigorous implementation and enforcement (Ostrom,
1990). Based on the key informant interviews (see Figure15) and the review of literature, though
the command and control policies are established for controlling encroachment on riparian buffer
zones, enforcement has been a great challenge.

The key factors that drive riparian buffer encroachment were primarily as a result of institutional
capacity in enforcement of legislative requirements, coupled with gaps in the existing legislative
framework in terms of riparian buffer definition, approved land uses and riparian management
that aggravates the encroachment problem. Critical to consider is the emerging demand for urban
land in the Siaya county region, with land use plan preparation and implementation clearly
reactive than proactive in nature. As a result of poor land use planning and out-dated land
administration frameworks, illegal construction on riparian reserves has been worsened.

Figure 15: KII responses on factors that drive riparian buffers encroachment
 NEMA WRMA MOE&NR WRUA SIBO

Lack of institutional
coordination

Comments on EIA and EA

reports not legally binding

Boundaries of wetland riparian

zones vague

Lack of appropriate land use

planning

Fragmentation of legislative

frameworks

Demand for urban land

Political interference

Low enforcement capacity of

implementation agencies

Poor land use planning

Long-legal processes and

procedures that limit impact of

restoration and stop orders

Key informant response assessment (see Figure 16) on the strengths and weaknesses of the
existing legislative framework as it supports environmental management revealed that the
greatest strength of EMCA and Water Acts is that they integrate community management
principles and participation in the management of water resources. The greatest weakness of the
legislative framework was identified as the fragmentation and overlapping in institutional
mandates. Also, the effectiveness of legislative framework has been largely weakened by lack of
implementation, and poor enforcement and compliance.

Figure 16: Strengths and weaknesses of existing legislative frameworks

Strength Enabled the establishment of regulatory

institutions as WRMA and NEMA

Encourages stakeholder/ community

engagement in water resource management

Potential of Water Bill in streamlining water

resource management activities

Punitive fines under the EMCA 2015

EMCA 2015 encourages lead agency

coordination

Weakness The regulatory framework is perfect

 Fragmentation of the legislative framework
brings conflict among lead agencies

EMCA is not sensitive/ cognizant of the pace

of urbanization or the value of urban land

Exploitation of communities due to lack of

knowledge and capacity on legislative

frameworks

Lack of enforcement lowers its effectiveness

Source: key interviews

Therefore, the effectiveness of legislative framework towards addressing riparian reserve

protection and management has to address the overlaps, gaps and implementation and
enforcement challenges.

Policy Recommendations

The policy recommendations made by the key informants are summarized in Figure 17 below.
The major policy recommendations were on building the institutional capacity of NEMA,
WRMA and SIBO in the enforcement of environmental regulations, coupled with clear
definition of the riparian buffer zone area and streamlining management responsibilities of this
zone

NEMA WRMA MOE&NR WRUA SIBO

The question is not ownership but management:

resource users should be held accountable for
the management of riparian reserves

Harmonize institutional mandates and roles

Increasing the personnel capacity of

implementation agencies to undertake sport
 checks

Harmonize legislative framework of definition

of riparian width, and institutional roles and
mandates

Establishing a coordination body (steering

committee) for riparian management

Mark and peg wetland riparian zones and land

reverted as government land to NLC

Strengthen the enforcement function of WRUAs

Establishing punitive penalties/economic

disincentives

Awareness of communities or stakeholders on

legislative requirements and value of riparian
reserves

Public -Private Partnerships -Adopt a Mile -

Special land use planning of riparian zones

Source: Author

Harmonize legislative framework on delineation of riparian reserve

The lack of a harmonized definition of the riparian reserve boundary provides for loopholes that
encourage illegal occupation and development. A rationalization of the riparian reserve width
coupled with harmonization of the land use requirements and the institutional mandates in the
management of the riparian zone is a critical step towards long-term management of the riparian
zone. The harmonization of the legislative framework should be followed by “marking and
pegging” of the riparian zone and gazetting the zone as environmentally sensitive for protection.
Enhance enforcement capacity of government agencies through enhancing participatory
methodologies.

Enforcement of EMCA is wanting, with the capacity and ability of NEMA and WRMA to
undertake demolitions in areas where the law has been contravened, often not seen. A deliberate
policy shift in management approaches of urban riparian areas from centralized, top-down
approaches to integrating co-management or participatory policies is recommended, where
resource users take responsibility and participate in management of urban riparian areas and in
monitoring Government actions. Exploration of economic incentives such as increasing statutory
penalties and civil liability of riparian destruction, property tax breaks for ecologically sensitive
lands, provide transferable property tax credits to wetland owners, rewarding sensitive
development designs, transferable development rights and performance bonding for developers
in encouraging riparian land owners to conserve riparian zones could also be explored. For
communities or resource users to fully be capable of monitoring riparian land uses, there is need
for awareness and training on legislative frameworks that govern land use planning, land
administration and environmental protection.

Enhance land governance frameworks

The challenge of encroachment by urban development in riparian zones is a consequence of

disjointed land administration, land use planning and development control between relevant
institutions. Firstly, of importance is to avert riparian land into Government land. Through the
Land Act, the land on the riparian buffer zone is public land, and therefore under the custody of
the National Land Commission, with user regulated by NEMA and WRMA. A great opportunity
exists in reverting the alienated un-built land under vegetation and bare lands on the riparian
buffer zone to government land. Management guidelines have to be developed with specific
mandates on who has rights over the land and the appropriate land uses to be clearly stipulated.
Caution should be taken, nevertheless, as the constitution is careful in protecting the private
holding of land. Therefore, an assessment of the nature of land holding of developers within the
riparian zone should be carefully undertaken. In the event that legal title has been issued, then
compulsory compensation as required by law should be undertaken. The Eviction and
Resettlement Bill (2014) provides clear procedures in undertaking resettlement actions. Though
land use planning is a county government action, the absence of guiding policy frameworks as
the National Land Use plan and the Rural Development Policy allows for exploitation and
destruction of environmental fragile areas.

Enhance capacity of County Governments to manage riparian reserves

The varying amounts of devastation among ecosystems in the Western region, in general,
necessitate both local and regional interventions. The capacity of County Governments in
sustainable land use planning should be enhanced through training, capacity enhancement and
financing. County government strategies should be interlinked with metropolitan land use plans
and environmental action plans to ensure a holistic approach to protection of environmentally
sensitive ecosystems in the region.

Spatial decision support systems in informing environmental policy

To address the challenge of lack of harmonized baseline data (Karisa, 2010; Raburu, Okeyo-
Owuor and Kwena, 2012), policy processes in protection of riparian buffers need to be informed
by Spatial Decision Support Systems. This is integral in monitoring, in real-time, land cover
changes along the wetland areas using remote sensing information, and in the harmonization of
land use planning, development control and enforcement policy decisions between
implementation agencies. Methodologies such as Open Land Use Mapping where land use maps
are launched for online access by stakeholders could be explored. Rationalizing the development
approval process and procedures among the different approving institutions to allow for harmony
in decision making in the protection of environmentally fragile ecosystems from encroachment
could be achieved by the Spatial Decision Support Systems.