Kajiado County Rainwater Harvesting Act, 2020

Kajiado County Rain Water Harvesting Act, 2020 SPECIAL ISSUE Kenya Gazette Supplement No. 21 (Kajiado County Acts No. 5) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT KAJIADO COUNTY ACTS, 2020 NAIROBI, 14th August 2024 CONTENT Act- PAGE The Kajiado County Rain Water Harvesting Act, 2020 ......................................... 1 PRINfED AND PUBLISHED BY THE GOVERNMENT PRIN1ER, NAIROBI THE KAJIADO COUNTY RAINWATER HARVESTING ACT, 2020 No. 5 of2020 Date of Assent: 17th July, 2020 Date of Commencement:· See Section I ARRANGEMENT OF SECTIONS Section PART I-PRELIMINARY 1-Short· title and Commencement. 2-Interpretation. 3-Declaration. 4-Object and Purpose of the Act. PART II - MANDATORY INSTALLATION OF RAIN WATER HARVESTING STRUCTURES 5-Compulsory Rain Water Harvesting by tlie ~ounty. 6-Compulsory Rain Water Harve~ting by h~useholds and residential establishments. 7 -Compulsory Rain Water Harvesting by commercial establishment. 8-Reconstru~ti~~s 'arid, additions to require Rain Water Harvesting structures. 9-Commercial establishments to harvest surlace runoff rain water. 10-Duty to maintain rain water harvesting structures in good repair. 11-Consequences of failure to install rain water harvesting structures. 12-Institutions not exempted. 13-Action plan to educate the masses about rainwater harvesting. 14-Buildings owned by National Government exempted. 15 - Duty of County to protect water bodies. 16-Building plans to be accompanied. by a proposal on rain water harvesting. 17-Completion certificate to be issued. 2 No. 5 Kajiado County Rain Water lfarvesting 2020 PART ID-POWERS AND EXERCISE OF POWER BY COUNTY EXECUTIVE COMMITTEEE MEMBER 18-Powers and responsibility of the County Executive Committee Member. 19- Engagement of, private· consultants. 20- Power of entry. 21- Power to arrest. 22- Production in court. 23- Service of notice. 24- Inspectorate reports. 25 - Protection from personal liability ... ·: : ,PART~IV -OFFENCES • 26-Offence and penalty'. 27-Act to have ove~ding ·eff~t. • • )i:' . 28-Act not'ih derogatibn1of-otlfeflaw'~~-- 29- Arrangeme.n.ts. witn. ot~er pJ..lblic.offices ... , , . . ., .,. . . . . . : ' . . . . . . . . ~ ~ ' ' PART V ~MISCELLANEOUS.PROVISIONS 1 ') 1 , i; , r). . f • 30- Transitional clause. 31- Fines. .•. 32- Regulations;· I • .. },"' , ' • I !r"1 i ' I , ' ,.,,. I '. 3 2020 Kajiado County Rain Water Harvesting No. 5 THE KAJIADO COUNTY RAIN WATER HARVESTING ACT,2020 AN ACT of the County Assembly of Kajiado to provide for compulsory harvesting of rain water in every county, residential, commercial and institutional building within Kajiado County to conserve and ensure availability of water and ensure recharge of groundwater and for connected purpo~es ENACTED by the County Assembly of Kajiado County, as follows­ PART I-PRELIMINARY Short title and Commencement 1. This Act may be cited as the Ka jiado County Rain Water Harvesting Act, 2020 and shall come into operation upon publication in the Kenya Gazette. Interpretation 2~ In this Act, unless the context otherwise requires- "animal" includes domestic animals, wild animals and poultry; "building" includes all.such structures, sheds, houses and buildings as maybe notified by the county under this Act; "borehole" means a hole dug or bored into the ground for purposes of extracting ground water; "borewell" means a well drilled in hard rock formation for the extraction of ground water; "Board" means the Kajiado County Public Service Board established under section 57 of County Governments Act; "commercial establishment"means any building, construction or project which is being used as an office or factory or facility for other commercial purpose in connection with any trade or business including road works and other similar projects; ''County building" means any building occupied or being used by any county department or county ministry and includes offices of county public sector enterprises, county statutory bodies, bodies owned or administered by the County, autonomous bodies, bodies of local self­ Government and residential areas provided by the County to County employees; "Constitution" means the Constitution of Kenya as amended and repealed from time to time; "County" means the County Government of Kajiado, and County Government shall have similar meaning; 4 No. s Kajiado County Rain Water Harvesting 2020 "County Assembly" means the County Assembly of Kajiado County; "County Cell" means a cell or a custody facility maintained by the County for the purposes of holding·in remand any persons or any goods or vessels in contravention of County laws; "County Executive Committee Member" means the County Executive committee member responsible for matters pertaining to Water and Irrigation; ' "County Governments Act" shall mean the County Covemments Act, Acts No. 17 of2012 as amended from time to time; "County Law" means any Act of the County Assembly of Kajiado or a subsidiary legislation of a County law or regulation made pursuant to a County law; "County Public Service" shall have the same meaning given to it under section 2 of the County Govei:nments Act; "County Revenue • Fund" means the County Revenue Fund established under section 109 of the Public Finance Management Act, 2012; • "Court" means a court of law with its jurisdiction within the County designated to handle hear and determine offences and other matters arising from this Act and other County laws; ''Director of Public Prosecutions" means the office of the Adirector of public prosecµtions established under Article 157 of the Constitution of Kenya; . "earth dam" means an artificial dam built of compacted soil or rock fragments; "filter" means fine mesh or graded material used for filtering the unwanted; • • "ground water" means the water available below the ground in the zone of saturation; "ground water recharge" means the water put below the ground to charge ground .water; "Govemor"means the Governor of the County; ''household" means a dwelling unit within the County of any description; "Housing Society" means a dwelling unit in a complex or building within the County; "Judicial Service Commission" means the Judicial Service Commission established under Article 171 of the Constitution of Kenya; 5 2020 Kajiado County Rain Water Harvesting No. 5 "Kenya Bureau of Standards" means a corporate body to promote standardization in industry and commerce as established by the Standards Act, 2012; "non potable water" means the water used for nurseries and small­ scale irrigation, washing, animal consumption, flushing or any other secondary use; "open well" means a well-conslTucted for extraction of ground water; "prescribed" means prescribed by rules made under this Act; "public" or ''citizens" when used in relation to public participation in this Act means - (a) the residents of Kajiado County; (b) the rates payers of a particular urban area, municipality or city within Kajiado County; (c) any resident civic organisations, public benefit organisations or labour organisations with an interest in the governance of Kajiado County or an urban area, municipality or city within Kajiado County; and ( d) non-resident persons who because of their temporary presence in Kajiado County or urban area, municipality or city within Kajiado .County make use of services or facilities provided by the County; . "rain water harvesting" • means collection and storage of rain water from rooftop of a building .or other part of a building or from a vacant land for use or for the purpose of groundwater recharge; "sand dam" means a reinforced rubble cement ·wall built across a seasonal sandy river; "shallow well" is a hole dug or bored into the ground for purposes of extracting ground water at a depth less than 50tf deep; "sub-surface dam" means an underground dam in the bed of a dry river, rain and groundwater is filtered, collected and stored underground; "Water .Act" means the Water Act, No. 43 of 2016, laws of Kenya; and "water pan" means a small reservoir created by excavating open ground, to collect and store surface runoff from uncultivated grounds, from hillsides, roads, rocky are.as and open rangelands. Declaration 3. (1) It is hereby declared that it is expedient in public interest that the County undertakes measures to preserve and harvest rainwater in 6 No. 5 Kajiado County Rain Water Harvesting 2020 Kajiado County for augmenting availability of drinking water and water for dmnestic and commercial ·use in Kajiado County. (2) The provisions of this Act are subject to the provisions of the Water Act. Object and purpose of the Act 4. The object and purpose of this Act is- ( a) to provide an institutional and legal framework for infonned, effective, efficient and sustainable conservation, management and utilization of rain water in Kajiado County; (b) to provide a framework for mitigation of animal and crop losses through unavailability of water for 4omestic use and irrigation by ensuring that the residents of Kajiado County have access to an on-site water· supply, if possible, at. home, or near their homesteads, or at locality that.is:easy to access; (c) to provide for the systemi<:>eng~geme,nt between the county and both . residents qf K~jiado · County, . investors and other stakeholders to improve rain water management and utilisation in Kajiado County; ( d) provide for. the conservation and contjnuous replenishment of ground water: in Kajiado County. • • : '. . . ' PARTD-MANDATORY INSTALLATION OF RAIN WATER HARVESTING STRUCTURES· Compulsory Rain Water Harvesting by the County 5. (1) It shall be the.'d~ty of$~ c\;jun.ty to ensure and implement such measures, as it may deem necessary and appropriate, to harvest rain water in-County buildings within such time. as may be prescribed in this Act. (2) It shall also be the duty of the County to implement nulcro­ catchment rain water harvesting structures within Kajiado County such as subsurface dams, earth darµs, ~ater pans, sand dams and rock catchn1ent structures for the benefit of the citizens ofKajiado County. (3) The County shall induce runoff for rain water harvesting, in areas where it is low by, among others, smoothing or compacting the sojl surface, clearing rock surfaces, surface sealing or using impermeable coverings on all public land within Kajiado. County. ( 4) The County shall ensure public participations by citizens of Kajiado and shall ensure the involvement of influential persons such as administrators, politicians, men and women elders, youth leaders, Water Resources Users Associations (WRUAs) and any other development agencies within the area of Kajiado County within which the rain water harvesting structures are intended to be set up. 7 2020 Kajiado County Rain Water Harvesting No. 5 (5) The County shall in conducting public participation under sub­ section (5) aim at getting the public to define its problems, set its priorities, and make suggestions on how to solve them and the county shall be guided by these definitions, priorities and suggestions with technical advice on what is feasiable. (6) There shall be established a Public Committee in relation to each project for the implementation of rainwater harvesting structures by the county which committee shall be chosen by the public. (7) The representatives of the public committee established under sub-section (6) the responsibilities of the County and the Public Committee in -relation to the intended implementation of the rain water harvesting structures. Compulsory Rain Water Harvesting by households and residential establishments 6. ( 1) Every owner of an. ind~pendent h<;m.sehold building having an area of not less thanl,000 square feet or every owner who proposes to construct an independent household building on a sital area of not less thanl ,000 square feet shall install one or. more of the rainwater harvesting structures·having a minimum total capacity as detailed in the Schedule for storage and for use of harvested water or for groundwater recharge on the roof of the building and on the open space adjacent to the building. (2) It shall be obligatory for the builders and promoters of every household building falling wit:J:iin the prescription in sub-section ( 1) install rainwater harvesting structure on the top of every building or in the land farming part of .. the property, in order to meet a part of its total requirement o( water in such manner as prescribed in this Act. (3) The responsibility to ensure. compliance of the provisions of sub-section (2) shall lie with the developer or builder of the proposed building or housing society. ( 4) For the purposes of this section builder or developer means the company or individual or group of individuals responsible for the planning and construction of the building. Compulsory Rain Rater Harvesting by commercial establishment 7. ( 1) Every comn1ercial establishment shall adopt such measures to pr~vide rain water harvesting structures for storage and for use of harvested water or for groundwater recharge within the prenlises of the commercial establishment and on the open space adjacent to the commercial establishment. • (2) The responsibility to ensure compliance with the provisions of sub-section ( 1) shall lie on the person, by whatever name called, who is primarily responsible for the affairs of that commercial establishment: 8 No. 5 Kajiado County Rain Water Harvesting 2020 Provided lhat the County may approve the rain water harvesting structures of specifications different from those in the Schedule, subject to the mi.tlin1um capacity of rain waler harvesting being ensured in each case. Reconstructions and additions to require Rain Water Harvesting structures 8. Any reconstructions and additions on plots having area not less than 1,000 sq. ft. in the case of independent household buildings and j n all commercial establishn1ents shall require the installation of one of more of the rain water harvesting structures set out in the Schedu]e in addition to those already existing at the time of the reconstruction or additions. Commercial establishments to harvest surface runoff rain water 9. (1) All commercial- establishments shall implement systems ,vithin their premises to channelise surface runoff rain water into retention basins within their area of operatioQs that are corµpatible with any rain water harvesting structures implemented by the County in their areas of operation~. • • (2) The County may in! ·relation to any commercial establishment direct the mode· of installation· of the rain water harvesting structures for surface runoff rain water ·required· under sub.:.section (1) to ensure compatibility with existing rain -water harvesting structures installed by the County .. Duty to maintain Rain Water, Harvesting structures in good repair 10. (1) The owner of every ind~p~ndent hous~hold building mentioned in section (6) and the person pri:maply responsible for the affairs of the commercial establishment mentioned in section (7) shall ensure that the rain. water harvesting· structures installed are maintained in good repair for storage of water- for -potable, non~potable purposes or ground water recharge at all times. (2) The County may impose a-levy of not exceeding one thousand shillings per annum for every -1,000 sq.· ft. of built up and adjacent area to the building for the failure of the owner. of any independent household building or person primarily in charge .Qf the affairs of the commercial establishment to maintain' rain water harvesting structures as required under this Act. Consequences of failure to install Rain Water Harvesting structures 11. (1) Where the rain water harvesting structure is not provided and the area is suitable as required under section (6) and (7), the County may, after giving notice to the owner or occupier of the building, cause rain water harvesting structures to be provided in such building and recover the cost of such provision. along with the incidental expense, together with a penalty as may be prescribed, thereof in the same manner as a tax due to the County. 9 2020 Kajiado County Rain Water Harvesting No. 5 (2) Notwithstanding any action taken under sub-section (1), where the owner or occupier of the household building or the person responsible for a commercial establishment fails to provide the rain water harvesting structures in the building before the date prescribed by this Act shall commit an offence and be liable as per section 26 of this Act. Institutions not exempted 12. (1) For the purposes of this Act, resident welfare associations, schools, institutions, hospitals and charitable organisations are not exempt from the provisions of this Act. (2) The County may, however, provide financial assistance to resident welfare associations, private schools, institutional buildings, hospitals and charitable institutions for construction of rain water . harvesting structures in their buildings up to fifty percent of the total cost of installing rain water harvesting structures in their buildings based on the Rroposals on rain water harvesting structures submitted to the county for approval. Action plan to educate the masses about Rain Water Harvesting 13 .. (1) The County shall, as soon as possible, prepare an action plan to educate the masses in Kajiado County about the technology and the benefits of rainwater harvesting with the objective of promoting a participatory approach to stimulate the citizens' abilities to develop their own resources. (2) For the purpose of spreading awareness and promotion of rainwater harvesting, including awareness and promotion through internet, the County shall encourage public benefit organisations and other agencies or institutions engaged in the field of rainwater harvesting within Kajiado County by providing them with financial assistance. Buildings owned by National Government exempted 14. For the purposes of this Act, buildings within Kajiado County owned by the National Government and departments of the National Government shall not be exempted from the compulsory provisions of this Act. Duty of County to protect water bodies 15. It shall be the duty of the County to ensure construction and repair of conventional water bodies such as wells, tanks, ponds, creeks and watersheds in the County to preserve the rainwater so as to recharge the levels of ground water. Building plans to be accompanied by a proposal on • rain-water harvesting • 16. All household buildings having a plot size of 1,000 sq. Ft. or more, and all buildings relating to commercial estabHshments while 10 No. 5 Kajiado County Rain Water Harvesting 2020 submitting the building plans for sanction and approval by the County, shall 1nandatorily include the complete proposal of rain water harvesting structures on those buildings and undertakes to install such system and furnishes security for the same to satisfaction of the County. Completion certificate to be issued 17. Every owner of a building or construction, for which rain water harvesting structure is compulsory under provision of this section, shall after completion of such building, obtain a completion certificate in the prescribed manner and no such building shall be occupied unless and until such certificate has been obtained. • PART Ill - POWERS AND EXERCISE OF POWER BY COUNTY EX~CUTIVE COMMITTEE MEMBER Powers and responsibility of the County ,Executive Committee Member 18. (1) The County Executive Committee Member shall be responsible for- ( a) enforcement of compliance w1th the provisions of this Act; (b) ~nsure that an inspection is carried out within Kajiado County to ensure compliance with set sqindards in respect of rain water harvestirit ·setout in-this Act; • ( c) with the concurrence of the relevant building authority, ensure the regulatio n . am;l control of the implementation of the rain water harvesting structures as pres cribed by this Act; , . ( d) ensure that inspections for compliance with the provisions of this Act are carried out regularly-;· (e) perform any other duties as may be prescribed by this Act from time to time. (2) In carrying out the responsibility under this section (18), the county executive committee member shall strive for the highest standards of discipline, prevent corruption and promote and practice the highest standards of professionalism, transparency and accountability. Engagement of private consultants 19. (1) The County Executive Committee Member may procure a private consultant to perform any functions within the County where the responsibility is placed on the County Executive Committee Member under this Act. (2) A private consultant under sub-section (1) may only be procured by a County Executive Committee Member with the concurrence of the board and app~oval of the County' Assembly where it is considered that the services of the consultant will be necessary. 11 2020 Kajiado County Rain Water Harvesting No.5 Power of entry 20. The County Executive Committee Member or an officer authorized by the County Executive Committee Member may, at all reasonable times, enter upon any premises or place in which there is a reasonable ground to believe that an activity regulated by this Act is being undertaken in contravention of the law, forth purpose of compliance enforcement. (2) If the County Executive Committee Member or an officer acting under sub-section (1) is satisfied that a regulated activity is taking place or is about to take place contrary to a lawful requirement of this Act, the County Executive Committee Member or officer may order immediate stoppage of the regulated activity. Power to arrest 21. Subject to Article 49 of the Constitution, the County Executive Committee Member or an officer authorized by the County Executive Committee Member who has reasonable grounds to believe that an offence has been committed or is· about to be committed under this Act may arrest or cause to be arrested the proprietor of the activity, an employee of the proprietor or any other person whom the County Executive Committee Member or the officer authorized by the County Executive Committee Member reasonably believes that is involved in the execution of the activity. Production in Court 22. Where a person is arrested under section 21, the person shall immediately be presented to a county cell or the nearest police station and the County Executive Committee Member or other officer authorized by the County Executive Committee Member responsible for the arrest of the person shall procure .that the arrested person is produced in court within twenty four hours. Service of Notice 23. Any notice required to be given under this Act shall be deemed to have been served if- ( a) served upon the owner; (b) served upon the occupant; ( c) it is placed on a conspicuous place of the structure or buildings; or ( d) it is advertised in print and electronic media. Inspection reports 24. (1) The County Executive Committee Member or an officer authorized by the County Executive Committee Member who carries out 12 No. s Kajiado County Rain Water lfa1:1esting 2020 an inspection under this Act, and who finds noncompliance with any matter provided by this Act shall make a preliminary report immediately upon co1npletion of the inspection in a prescribed format, a copy of which • shall be. retained in the premises. (2) A copy of any report made, under sub-section 1, certified under the hand of the County Executive Committee Member or an officer authorized by the County Executive Committee Memoer to be a true copy shall be admissible in evidence of its content in all legal proceedings and where a copy of an report purports to be so certified· it shall be presumed until the contrary is proved to be so certified. Protection from personal liability . 25. No matter or thing done by . the County Executive Committee Member or an officer authorized by the County Executive Committee Member shall, if the matter or"thing is done~ good faith and within the law for the perfonnance. and execution of the functions, powers or duties of the County Executive Committee Member under this Act render the County Executive Committee Member or an· officer authorized by the County executive Committee Member personally liable to any action, claim or ·demand whatsoever. - PART IV-OFFENCES. Offence and penalty 26. Any person who contravenes the provisions of this Act commits an offence and shall upon conviction of that offence be liable to a fine not exceeding two hundred and fifty thous~ µ shillings or to imprisonment for a term not exceeding one year or to both. • Act to have overriding effect 27. The provis~ons of.this Act and rul~s made thereunder shall have effect notwithstanding anything inconsistent· there with contained in any other law for the time being in force in Kajiado County. Act not in derogation of other laws 28. The provisions of' this Act shall be in addition to and not in derogation of any other law for the time being in force in Kajiado County and any national legislation. Arrangements with other public offices . 29. The Governor or the County Executive Committee Member with the approval of the Governor shall put in place arrangements with - (a) the office of the director of public prosecutions for the purpose of facilitating prosecution of those who contravene the provisions of this Act; (b) the judicial service co~ssion for the purpose of allocation and 13 2020 Kajiado County Rain Water Harvesting No. 5 designation of magistrates to adjudicate on criminal matters arising from this Act and the transmission of fines paid by those convicted of county offences into the county revenue fund; and ( c) the relevant public authorities dealing with matters of incarceration of criminal suspects and convicts. PART V-MISCELLANEOUS PROVISIONS • Transitional Clause 30. (1) Every owner of an existing independent household building having an area of not less than 1,000 sq. ft. feet and every existing commercial establishment shall provide a plan for the adoption of such measures to provide rain water harvesting structures for storage and for use of harvested water within the household building or the premises of the commercial establishment together with security for the same to satisfaction of the county within sixty (60) days from the date of coming into force of this Act. • (2) The plan referred to in sub-section (1) shall be implemented within two years and a half, in the case of a commercial establishment and within three years in the case of an independent ~ousehold building from the date of coming into force of this Act and obtain a completion certificate. Fines 31. All fines imposed and recovered by a court on an offender shall be paid to and collected by the County as revenue. . Regulations 32. The County Executive Committee Member may in consultation with the relevant departments and committees in the County. Government make regulations generally for -the better· carrying of the· purposes and provisions of the Act • 14 No.5 Kajiado County Rain Water Harvesting 2020 SCHEDULE {S. 6(1), S. 7(1)} RAIN WATER HARVESTING Rain water harvesting in a household building or commercial a commercial establishment site includes storage or recharging into ground of rain water falling on the terrace or on any paved or unpaved surface within the site. (1) The following systems may be adopted for harvesting the rain water- (a) open well of a nti.nimum of one :Q}etre ip. width and six metres in depth into which rain wat~r ~ay. be· channeled and allowed after filtration for removing silt and 'flo atiqg material. The well shall be provided with ventilating cove~s. The water from the open well may be . usecl for non-potable domestic purposes such as washing, flushing, animal use ~Q.d for wateripg domestic and commercial gardens, etc; (b) rain water harvesting may be doµe. through a bore well around which a pit of o~e metre width may be excavated up to a depth of at least tlrree metres and refilled with stone aggregate and sand. The filtered rain water may be channeled to the refilled pit for recharging the bore well; • ( c) an impervious storage tank of sufficient capacity may be constructed in the setback or other space and the rain water may be channeled to the storage tank. Roof based rain water shall be harvested for use through a filter into • a storage tank or for recharge of an open well. The storage tank may be made of polyethylene, fiber glass, wood, metal or concrete block and shall be raised to a convenient height above the surface or underground and shall always be provided with ventilating covers and shall have drawn-off taps suitably placed so that the rain water may be drawn off for domestic, washing, irrigation, animal use and such other purposes. Swimming pools, stock tanks, ferrocement culverts, concrete block or building rock can be used for underground storage. Rain water from the roof of the buildings such as tiled/slope roof and flat reinforced cement concrete roof may be collected using appropriate size of gutters or pipe lines, as may be prescribed, respectively and stored in a storage tank after proper filtering and disinfection. An appropriate filter shall be used for filtering the rain water and the water shall be used for non-potable use. For the water to be used for potable use, it shall be treated to the standards published by the Kenya Bureau of Standards from time to time before use. The storage tanks shall be provided with an overflow through which the surplus water after filling the storage tank may be diverted to the open well or bore well through a recharge l ' 2020 (d) 15 K~jiado County Rain Water 1-Iarvesting No. 5 structure. Appropriate disinfection methods shall be adopted before using water for artificial ground water recharge and contaminated water shall not be used to as a source of water for recharging an open well. Expert advice may be sought before recharging a bore well and adequate bypass or safety arrangements shall be provided in the system; the surplus rain water after storage may be recharged into ·ground through percolation pits or trenches or combination of pits and trenches. Depending on the geomorphological and topographical condition, the pits may be of the size of one metre and twenty centimeters width by one metre and twenty centimeters length to two metres in width to two metres and fifty centimeters in metre depth. The trenches can be of sixty centimeters width by two metres depth to six metres length by one metre and fifty centimeters to two metres in depth. Terrace water shall be channeled to pits or trenches. Such pits or trenches shall be backfilled with filter media comprising the following materials - (i) forty millimeters stone aggregate as bottom layer up to fifty percent of the depth; (ii) twenty millimeters stone aggregate as lower middle layer up to twenty percent of the depth; (iii) coarse sand as upper middle layer up to twenty percent of the depth; (iv) a thin layer of fine sand as top layer; (v) top ten percent of the pits/trenches will be empty and a splash is to be provided in this portion in such a way that roof top water falls on the splash pad; (vi) brick masonry wall is to be constructed on the exposed surface of pits/trenches and the cement mortar plastered. (vii) The depth of wall below ground shall be such that the wall prevents loose soil entering into pits/trenches. The projection of the wall above ground shall at least be fifteen centimeters; and (viii) perforated concrete slabs shall be provided on the pits/trenches. ( e) if the open space surrounding the household building is not paved, the top layer up to a sufficient depth shall be removed and refilled with coarse sand to allow percolation of rain water into ground. (2) The terrace shall be connected to the open well/bore well/storage tank/recharge piUtrench by means of high-density polythene/polyvinyl 16 No. 5 Kajiado County Rain Water Harvesting 2020 chloride pipes through filter media. A valve system shall be provided to enable the first washings from roof or terrace ·catchment, as they would contain undesirable dirt. The mouths of all pipes and opening shall be covered with mosquito (insect) proof wire net. For the ·efficient discharge of rain water, there shall be at least two rain water pipes of one hundred millimeters in diameter for a ro?f area of 1 000sq. Ft. (3) Rain water ~arve.sting structures shall be sited as not to endanger the stability of building or earthwork. The rainwater harvesting structures shall be designed such that no dampness is caused in any part of the walls or foundation of the building or those of art adjacent. building. ( 4) While designing the roof based water harvesting, the capacity of a storage structure or for artificial ground water recharge, a provision at the rate of 20 liters or more capacity per 10 sq. ft. of the roof area shall be adopted while in designing the land based rain water harvesting, the capacity of the storagestructure or, for artificial ground water recharge, a provision at the rate of ten liters or more capacity per l p sq. ft. of the land surface shall be adopted. • . ; . .