REPUBLIC OF KENYA
     COASTAL REGION WATER SECURITY AND CLIMATE RESILIENCE PROJECT (P145559)

                                       IMPLEMENTATION SUPPORT MISSION
                                               May 22 – 30, 2024


                                                         Aide-Mémoire
INTRODUCTION

1.       A World Bank team1 conducted an implementation support mission from May 22 to 30, 2024 with
field visits to Mwache Dam and extensive field visits and meetings in Kwale Town, and subsequent
operational meetings in Nairobi2. The objectives of the mission are to (i) assess the progress and achievement of
critical milestones in construction works (ii) discuss the status and support resolution of issues raised in our recent
communication, pertaining to the legal covenants and safeguards obligations; (iii) discuss technical, land
acquisition, labor management, Environmental, Social, Health and Safety issues (iv) review status and progress on
procurement, budget and other fiduciary issues under the project and (v) discuss the restructured sustainable land
and watershed activities, livelihood restoration activities, and irrigation.

2.       Kick-off meetings were held on May 22, 2024, with the Project Management Unit (PMU) and all
executing agencies meetings were held with Mr. P. Njoroge from National Treasury and with Principal
Secretary Ephantus K. Kimani from State Department of Irrigation (MOWSI). The Bank team wishes to thank
the officials from MoWSI, Project Management Unit (PMU), and the Project Implementation Units (PIUs) in Kwale
and Mombasa County, the Coastal Development Authority (CDA), Water Resources Authority (WRA), project
implementers, for the excellent collaboration during the mission. The contents of the Aide Memoire were discussed
at the wrap ups and the final version of the Aide Memoire was endorsed by Bank management. As agreed with
MoWSI and PMU, this Aide-Memoire will be classified as a public document under the World Bank's Access to
Information Policy (with exception of procurement sensitive information and identifiable PAP information). Table
1 provides critical project data and performance as of May 2024.

Table 1 -Key Project Data
 Key dates                                                         Loan Information
 Board Approval: December 16, 2014                                 Net IDA credits (revised): US$269.71M
 Effectiveness Date: May 11, 2015                                  Disbursed: US$71M equivalent
 Board Approval of AF: February 2022                               % Disbursed: 29.75 percent
 Current Closing Date: January 31, 2027                            (dd May 30, 2024)
 Project Restructuring: May 9, 2024



1
 The team comprised the following World Bank project representatives: Pieter Waalewijn (Lead Water Resources Management
Specialist, TTL) and Adrian Howard Cutler (Lead Social Development Specialist, Safeguard Policies, Co-TTL), Phyllis Wachira
(Water Resources Management Operations), James Chacha Maroa (Senior Environmental Specialist), Simon Sottsas (Senior Social
Development Specialist), Annastacia Waithera Wacheke (Financial Management Specialist), James Thumi Muturi (Consultant),
Boaz Okoth Akello (Senior Procurement Specialist), Joel Buku Munyori (Senior Procurement Specialist), Ximing Zhang (Senior
Water Specialist), Dawit Tadesse (Senior Operations Assistant), Vera Rosauer (Senior External Affairs Officer) and Winnie
Achieng Adhoch (Team Assistant).

2The mission met with officials from the Ministry of Water Sanitation and Irrigation and its agencies (WRA, CWWDA), project
implementers from the National PMU, the Kwale PMU, CECMs and officials from Kwale County, officials from Kwale Water
Supply and Sanitation Company, Consultants (Supervising Engineer, GBV service provider, RAP Implementation Consultant),
Contractors, and other stakeholders
II. KEY FINDINGS


3.      Overall, good implementation progress has been observed, while critical issues have remained
unresolved. Last mission recorded improvements in program management and overall construction on Mwache
Dam and recommended a restructuring of the watershed component and focus on five priority areas (advancing
dam construction, RAP implementation, watershed component reformulation, advancing institutional clarity on
dam operation, and project management). Since then, good progress has been observed on a few of the priority
issues, most notably the reform of the watershed component and advancement of the main dam civil works.
However, other issues have remained unresolved, and this triggered a management letter (d.d. May 9, 2024)
requesting resolution of critical non-compliance issues and other concerns by June 24, 2024. This includes
deterioration in community support for the project resulting from short-comings and delays noted in the
management letter. The mission focused on support to the Ministry in resolving these issues proactively, as well as
ensure the good implementation progress is maintained where possible. The team notes the strong commitment by
the Ministry management, led by PS Kimotho, to address the issues substantially and create mechanisms for
coordination and dispute resolution between Ministry, county leadership and local community. While the Ministry
response to the letter is awaited by June 24, 2024, several actions have been agreed for the interim period to support
problem-solving and they are captured in the Aide Memoire Annexes and are summarized here below.

4.       Implementation Progress: Progress was recorded on the construction of the lower check dam (LCD) and
main dam with physical progress at 15.9 and 8.4 percent respectively. The December floods caused a two-month
delay, but with the commencement of night shifts in April 2024 and with accelerated work schedule in place, the
pace of progress has expedited considerably. While the floods did not affect the dam construction directly, they
damaged temporary structures (coffer dams) that diverted contractor’s resources and attention to repair the damages.
For the lower check dam, the preparatory works are substantially complete; while prep works for the main dam
have progressed steadily, with the excavation of the right bank on the critical path. The main dam diversion conduit
concreting has started for the main dam and concreting of the stilling basin for the LCD is under construction. The
contractor and supervision engineer are carrying out pre-tests in May with full scale trial embankment (FSTE)
scheduled to take place in July 2024 to test out proposed methodology and ensure adequate conditions are in place
to begin full scale RCC dam construction by November 7, 2024. Construction of base camp, offices are still
significantly delayed, and the contractor is now expected to partially handover base camp in August 2024. Key
issues are related to school construction, which was suspended on 26 April, and acceleration of basecamp
construction.

5.     Regarding land acquisition, awards are expected in June 2024 for P-3 land, which will then enable
compensation and timely land acquisition – this is currently on track and needs expediting for priority villages
who are located close to the crushing plant (dust and noise concerns). However, budget availability from GoK is a
key concern as the current budget allocation is totally inadequate.

6.      The watershed component was restructured and is now restarting, leveraging the successful model
of delivery of watershed activities through Water Resources Users Associations. It is also fully integrated with
the reformulated activity on irrigation development, which is now focusing on dispersed farmer-led irrigation
development and household pans. World Bank technical assistance on the development of a sediment management
strategy was delivered and will be internalized in the CWWDA business plan.

7.      The first coordination meeting between future dam operator (CWWDA), Ministry, consulting
engineer, and financiers (World Bank, French Development Agency (AfD), took place during the mission.
This will become a bi-monthly meeting and key issues agreed were harmonization of entitlement matrices in RAPs,
C-ESMP integration, and workplace coordination for co-located works. CWWDA is developing a roadmap and
business plan on its readiness to take on operations.
8.    Status of Key concerns: This presents the interim status of the key areas of concerns that the Bank
communicated with GoK on May 9, 2024, and the interim status of resolution. The agreed actions towards
implementing corrective action and the requested response by June 24, 2024, are captured in the Annex.

      Issue                                           Status
 1     Failure to comply with obligation to           Procurement process for LRP consultant is not completed
      provide livelihood restoration and              and programs are not yet under implementation. Mission
      community development support                   discussed acceleration plan for priority areas in P1 & P2
                                                      and community infrastructure.
 2.   Failure to fulfill additional/updated actions   While considerable progress has been made since the last
      in the GBV Action Plan                          mission on the GBV Action Plan, a limited number of
                                                      actions is required by June 24 with a focus on further
                                                      rolling out agreed trainings and awareness on response
                                                      services.
 3.   Delays in completing the Ecological             The contract dispute has not yet been resolved and a
      Impact Assessment                               committee has been tasked with determining Ministry
                                                      response. Since this work has been frozen for months, there
                                                      is likely a need for extension in time. This issue is not on
                                                      track for timely resolution.
 4.   Lack of integrated method statement for         Contractor and Consultant now have RCC experts on site,
      the construction of Mwache dam                  and individual method statements are being reviewed and
                                                      the integrated method statement is under development for
                                                      approval by mid of June 2024, ahead of FSTE.
 5.   Lapsed legal covenant on establishment of       Ministry sent policy decision to appoint Coast Water
      a joint authority and appointment of a dam      Works Development Agency as operator and to provide for
      operator                                        the collaborative framework through the Bulk Water
                                                      Purchase Agreement in the Coastal Region. Before June
                                                      24, Ministry and CWWDA will agree on parameters and a
                                                      roadmap to enable CWWDA to fulfill this role. It will be
                                                      critical still for Ministry to provide details of the envisaged
                                                      collaborative framework for coast water management, and
                                                      its inclusion in the WPAs, to satisfy the requirements of the
                                                      financial agreement and the existing WPA.
 6.   Provision of counterpart financing for the      We understand the current budget currently stands at KES
      acquisition of land                             400M, which is wholly inadequate. A commitment from
                                                      GoK would be required that this will be adjusted with
                                                      Supplementary Budget I.
 7.   Replacement schools construction                Ministry Management is having series of discussions
                                                      including in next few weeks with county and political
                                                      leadership as well as communities to address community
                                                      concerns and explain due process followed to enable restart
                                                      of the works before June 24.
 8.   Delays on commencement of RAP 2 and 3           This procurement is not yet concluded, and Ministry
                                                      indicates it can complete this procurement before June 24.
 9.   Completion of Kwale Water Supply                The current works contract was terminated on May
      component and sanitation activities             31,2024 and was retendered by June 11. Open Defecation
                                                      Free (ODF) documentation for the targeted 25 villages is
                                                      being collated for sharing with the Bank.
 10.   Completing advance payment to Sinohydro      This was raised in meeting with WB Desk of NT, and a
                                                    meeting between PS Irrigation and PS Treasury was
                                                    proposed to agree on the way forward. This should be
                                                    possible (together with subsequent payment) before June
                                                    24.


Detailed progress by sub-component is included in Annex 1.


9.      The Bank team will continue to monitor progress regularly and support MoWSI/PMU on these
actions and any other emerging issues including organizing technical visits for specific discussions. In-person,
hybrid and virtual technical discussions will continue on weekly basis for close monitoring and the Bank will
continue its close monitoring.
ANNEX 1 - KEY AGREED ACTIONS

Two tables below summarize respectively the agreed actions for completion by June 24 and for the next six
months in each priority for MoWSI and the PMU. According to evidence shall be shared with the Bank.

June 24, 2024, Agreed Actions and Evidence
Priority Area Actions                                                                   Target     Responsibility
                                                                                        Date
Livelihood •      Complete Procurement Process Successfully or provide Alternative   • June 15•    PMU
Restoration       Interim Solution                                                   •
            •     Initiate Priority actions in P1/P2 and community infrastructure • June 24•       PMU/consultant
GBV Action•       Complete agreed actions in the GBV action plan                     • 24 June     PMU
Plan        •     Provide plan for hiring an investigation capacity for project.     • 24 June     PMU
            •     Outline progress on Sinohydro hiring translators for each site. • 24 June        PMU
            •                                                                        • 24 June
                  Complete sensitization or all project staff (762 at time of mission).            PMU
                  500 to be trained (82 at present) and plan for training the remainder        •
                  agreed by Sinohydro by 24 June.
             •
ECIA         •    Evaluation committee report on contract modifications             •   June 7     MOWSI
             •    Meeting with SWECO on contractual matters and adopt revised •         June 12    PMU
                  workplan, and subsequent addendum, restart of activities.         •   June 24    PMU
           •      Baseline Monitoring Report                                        •   June 26    SWECO
           •      Resumption of field activities                                    •   July 15    SWECO
           •      Completion of work by consultant                                  •   Dec 31     SWECO
Integrated •      Mobilize RCC Expert by contractor.                                •   Done       Contractor
Method     •      Submit comprehensive method statement (revision after testing) •      Done       Contractor
Statement •       Testing and review and approval of method statement               •   June 15    Engineer/PMU
           •      If needed, confirmation of method statement revision (also for •      June 24    Engineer,
                  batching plant) with Sinohydro Management.                                       MOWSI
Institutional •   Letter on policy statement for collaborative framework            •   Done       MOWSI
covenants •       Letter to CWWDA, appointing it as operator.                       •   June 15    MOWSI
              •   Detailed account on dated roadmap for institutionalizing the      •   June 19    MOWSI
                  collaborative framework, including bulk water supply agreement
                  principles (collaborative framework, accountability, in line with
                  original agreement on cost recovery), acceptable to IDA, including
                  proposal for revision of covenants.
            •     Signed WPA                                                            June 2025 MOWSI/WSPs
Counterpart •     Request letter backed by accurate estimate on requirements and        June 18    MOWSI
funding           timelines and NLC valuation.
            •     Meeting on commitment for regularization with Supp Budget I.          June 24    NT/ WB CMU

          •
Replacement       PMU/MOWSI meeting with leadership                                 •   June 10    MOWSI
schools   •       PMU/MOWSI meeting with community (Baraza)                         •   June 11    MOWSI
          •       Contractor to resume works                                        •   June 17    Engineer
RAP2&3 •          Complete Procurement Process Successfully or provide Alternative  •   June 24    PMU
                  Interim Solution
             •                                                                      •
                  Priority land acquisition in greenfield E2 and “P1” for upper check   Agree at PMU
                  dam.                                                                  inception
Kwale WSS•      Termination of contract                                          •   May 31    PMU
works     •     Launch tender for remaining works                                •   June 11   PMU
          •     Sign contract with new contractor                                •   Sep 15    PMU
          •                                                                      •
                Send ODF certificates of 25 villages, and possible completion plan   June 24   Kwale County
Sinohydro •     PS MOWSI to meet PS NT to agree.                                 •   June 6    MOWSI
advance   •     Prepare and execute payment                                      •   June 24   NT


Agreed Actions
    Action                                                               Target Date   Responsibility
Priority 1 – Put all efforts towards advancing Mwache dam construction without delay
1.1 Works – critical management of critical path, and improved contract Continuous     PMU, RSE
    management of subcontracting on auxiliary facilities, buildings,
    schools for timely completion as this is independent of flood delays
    and dam knock-on delays.
1.2 PMU efficiently coordinates with Supervising Engineer and            June 15, 2024 PMU, RSE
    Contractor to prepare the revised integrated method statement for
    key RCC components that are still outstanding (e.g., FSTE,
    aggregate quality, aggregate mix, placement temperature control,
    transport, conveyance etc.) and submit to the Bank and DSPE for
    review.
    The method statement revisions need to be agreed, if necessary, with
    Sinohydro management.
1.3 Provide site test results for RCC placement to DSPE and WB and       June 10, 2024 PMU, RSE,
    provide alternative RCC place plan in case the test results are not                Contractor
    acceptable.
1.4 PMU coordinate with DSPE prepare the Panel’s site visit, to ensure July, 2024      PMU, DSPE
    the Panel could efficiently work with Supervising Engineer and
    Contractor to provide advice for foundation preparation including
    shaping, joints and discontinuities treatment, degree of weathering
    and dewatering and so on
1.5 Conduct FSTE                                                         July 2024     RSE

1.6 Ice plant constructed and operational to ensure adequate aggregate   October 2024      RSE
    temperatures for RCC placement
1.7 Submit draft updated Emergency Preparedness Plan                     October 2024      PMU, RSE

1.8 submit addendum to contract for Upper Check Dam Design and       June 30, 2024    PMU
    Feasibility consultant
1.9 Submit updated bid documents for World Bank review and clearance August 31, 2024 PMU
    for Upper Check Dam construction
Priority 2 – Ensure timely resourcing for and completion of the Resettlement Action Plan Implementation
2.1 Provide an approved financial plan and budget to ensure timely   June 24, 2024    PMU
    availability of funds to conclude land acquisition.
2.2 Conclude procurement of RIC for RAPs 2 and 3                           June 24, 2024   PMU

2.3 Conclude procurement of LRP consultant                                 June 24, 2024   PMU

2.4 Conclude implementation of replacement infrastructure (access          August 31, 2024 PMU
    paths, water points)
2.5 Finish school construction for use                                     February 2025   PMU

2.6 Provide a sustainable plan for sound and dust mitigation for villages June 30, 2024    PMU
    opposite the crushing plan
2.7 Provide an updated progress report on the implementation status of June 24, 2024       PMU
    systemic changes following the HHR supported GBV investigations
2.8 Finalize the draft EcIA report for WB review (to then inform the   December 31,        PMU
    social action plan and operational rules)                          2024

Priority 3 – Harmonize integrated watershed management across project components and accelerate
Kwale development
3.1 MoWSI to establish and operationalize a PIU at Water Resources Jun 15, 2024   PMU
    Authority
3.2 Fast track release of WRUA grants                              Jun 30, 2024   WRA
3.3 Catchment Management Plan; Address Bank’s comments and         June 20,2024   WRA
    finalize the document.

3.4 Institutionalize Kwale PIU to optimize project implementation.         June 30, 2024   Kwale county
                                                                                           CECMs
3.5 Establish 10 Farmer Field’s Schools and FLID demonstrations            June 30, 2024   Kwale PIU
3.6 Mechanized terracing; Re-strategize to redesign the implementation     June 30, 2024   CDA, Kwale PIU,
     modality to a more efficient and cost-effective model leveraging on                   PMU
     resources (Human, equipment, technology) within Kwale County
     and IAs.
3.7 Preparation of specification for deposit removal equipment in check    Dec 30, 2024    PMU
     dams (Justification of selection to be included).
3.8 Development of Mwache Sediment Management Strategy                     Jun 20, 2024    PMU
3.9 Update and finalize the reservoir sedimentation       management       Dec 30, 2024    PMU
     plan including check dams’ sedimentation modelling
3.10 Conduct catchment erosion modelling to determine sediment             Dec 30, 2024    PMU
     delivery
3.11 Procurement of the necessary equipment for sediment sampling          Sep 30, 2024    PMU, WRA

3.12 Develop and implement Sediment Monitoring Plan                   Nov 30, 2024    WRA
3.13 Terminate existing Kwale Water Supply Scheme Construction        May 31, 2024    PMU
     contract
3.14 Re-launch Kwale water supply remaining works contract            June 11, 2024   PMU
3.15 Commence works to complete Kwale Water Supply System             Sept 15, 2024   PMU
3.16 Complete water harvesting and sanitation facilities in 9 schools August 2024     PMU
 Priority 4 – commit to institutional and financial operation and maintenance arrangements of coastal bulk
water
4.1 Hold bi-monthly meeting between all implementers and financiers           July 31, 2024    PMU
4.2 CWWDA seconds officers full time for accompanying the works               June 15, 2024    CWWDA

4.3 Discuss and agree on harmonization of C-ESMP and other ESHS               June 15, 2024    Engineer, AfD,
    requirements for co-located works under the WTP                                            MOWSI, CWWDA,
                                                                                               WB
4.4 MOWSI/CWWDA meeting to agree preparatory activities by                June 15, 2024        PMU, MOWSI,
    CWWDA to assume role of dam operator (staffing, tariffing, budget,                         CWWDA
    plant, capacity, commitments), to be captured in a business plan
4.5 Finalize roadmap for joint institutional arrangement at high level in June 24, 2024 MOWSI
    Ministry and agree on next steps regarding covenant, and roll out
    with joint committee
4.6 PES design discussion to be included in CWWDA business plan and October 31, 2024 PMU, WASREB,
    possible financing                                                                  CWWDA, MOWSI,
                                                                                        MOEFCC
4.7 Review and update Water Purchase Agreement for MoWASCO and December 31,             MOWSI
    other WSPs in Coast                                                   2024
Priority 5 – accountable and effective project management
Time Management and accountability
5.1 Report to PM monthly on self-tracker delays (on technical, ESHS,          Starting June 30, PMU
    financial) for adaptive management.                                       2024
5.2 Appoint contract managers in STEP                                         August 31, 2024 PMU
5.3 Start MOWSI/county bi-monthly coordination meetings                       June 10, 2024    MOWSI, county

5.4 Reinitiate six-monthly Steering Committee meetings and send               August 31, 2024 MOWSI
    invitation for the first steering meeting.
5.5 Update the Project Implementation Manual, including the new               August 31, 2024 PMU
    watershed component and also the financial management manual.
Financial Management
5.6 Request for additional budget for land acquisition to cover the           July 31, 2024    PMU
     upcoming PAPs payments of at least Kshs 2.7 billion.
5.7 Ensure the advance amount of Kshs 95 million and US$2.2 million           June 24, 2024    PMU
     is paid to the contractor
5.8 Ensure that the amount of Kshs 27,752,838 is recovered from the           July 31, 2024    PMU
     terminated contract of the construction of the rainwater harvesting
     facilities and sanitation blocks, for schools in Kwale County phase 2
     and paid back to the project account.
5.9 The Internal Auditor to undertake the internal audit for the year         August 31, 2024 PMU
     2023/2024 and submit to the Bank
5.10 Finalise on the analysis of all interests and penalties paid using IDA   August 31,2024   PMU
     funds for refund into the project account
5.11 Ensure tax compliance for the project and close on the pending    August 31, 2024 PMU, MOWSI
     payments if any after the final assessment
5.12 Response from MOWSI on closure of follow up issues in external    July 31, 2024    PMU
     audits for FY21/22 and FY 22/23
Procurement
5.13 Finalize the procurement process for RAP 2 and 3                  June 24, 2024    PMU

5.14 Finalize the process for Livelihood restoration                   June 24, 2024    PMU

5.15 Complete the hiring process for the Procurement Consultant        August 31, 2024 PMU
5.16 Complete the STEP clean-up exercise and uploading of all          September 30,       PMU
     transaction documents and records in STEP                         2024
5.17 Agree on and extend all contracts for continuous services (RIC,   July 31, 2024 or at PMU
     GBV SP, legal services, survey services, PMU ICs)                 least one month
                                                                       prior to closing
                                                                       date
5.18 HR/GBV Investigative Capacity Procurement launched                June 24, 2024       PMU
5.19 HR/GBV Investigative Capacity Procurement concluded               August 31, 2024 PMU
Monitoring and Evaluation
5.20 Task Tracker to be updated for management support, and shared (in continuous       Godfrey
     batches) weekly on Mondays for the relevant mgmt. meetings on
     Wednesdays
5.21 Developing KOBO Toolbox M&E system for tracking LRP               Agree during     PMU, consultant
     livelihoods support under the project                             inception
ANNEX-2 - SUMMARY OF IMPLEMENTATION PROGRESS

Component 1 – Mwache Dam and Related Infrastructure
Subcomponent 1.1 - Consultancy, Civil Works, and Related Infrastructure

1.      Construction works for the Mwache Dam Complex continue to progress well, but concerted attention
is required to ensure pending methodology and preparations are finalized ahead of the proposed FSTE in
July 2024 and RCC dam construction scheduled for November 7, 2024
    • Physical progress: Significant flooding in December 2024 caused a breach of cofferdams at lower check
        dam and halted works at Main Dam site. No significant material damage was incurred, and works are back
        in swing with a maximum delay of two months at the lower check dam. The lower check dam is 16%
        complete and concreting of the stilling basin is ongoing and leveling concrete is ongoing in preparation for
        the full-scale trial embankment. The main dam progress stands at 8.4 %. At the main dam site, albeit with
        significant delays, now excavation, rock blasting, and slope protection (shotcrete) are ongoing well, and
        concreting of the diversion conduit is ongoing for dam foundation work to start in July 2024. Based on the
        contractor’s approved work plan v8 schedule, construction and commissioning of the dam is expected by
        June 20, 2027.
    • Integrated method statement: Many of the contractor’s piecemeal statements have been returned by the
        engineer with observations and request for resubmission. The integrated method statement is intended to
        combine the nearly 30 discrete statements for activities related to the dam construction. The contractor is
        required to submit method statements no later than 56 days before works commencement and engineer is
        required to approve or issue comments within 21 days of receipt. Critical statements that are still
        outstanding and require resubmission include: batching plant capacity for RCC, RCC works, RCC
        transportation, RCC trial mixes, and statement for FSTE.
    • Aggregate crushing plant: The aggregate crushing plant is now fully operational and producing approved
        quality of aggregate and a quantity of around 3000/tonnes per day. Some variability is still noted by the
        Supervising engineer and requested the contractor to make small adjustments and ensure that an adequate
        stockpile of aggregate is produced (following approved trial mix).
    • RCC pre-testing, RCC mix and transport method statements: pre-testing took place in the last 2 weeks of
        May, to finalize testing of trial mix as well as carry out trials of placement, rolling and use of proposed
        transport (20 tonne trucks) to identify any possible challenges. The supervision engineers as well as the
        DSPoE raised concern about the use of 20T trucks for transport on the RCC dam, citing potential problems
        created with the use of such trucks in wet mix, which causes deep grooves on the dam surface and may
        limit the aggregate’s ability to bind together – ultimately compromising the integrity of the RCC dam. Both
        the Supervising Engineer and the DSPoE suggested changes to the transport modality, but the contractor is
        insisting that the proposed methodology has worked in previous sites (this has not been reviewed by the
        supervising engineer). The contractor indicated that changing the RCC mix is a remedy to “thicken” the
        mix so that the 20T transport vehicles do not cause grooves or vibrations on the dam surface. The outcomes
        of the pre-testing need to be shared with the DSPoE and Bank for additional review. The mission is
        concerned with the proposal for potential changes of the RCC mix, which may require additional tests and
        ultimately delay the proposed FSTE that is scheduled for early July 2024. Significant changes to the trial
        mix my require the contractor to resubmit the method statement for review and will be incompliant to the
        contractual provisions of providing a statement 56 days prior to the commencement of the works.
    • FSTE: The approved method statement is pending ongoing testing. The final methods for RCC mix,
        batching and temperature (regulation (interim ice arrangements, etc), need to be finalized. Given the
        concerns raised about transport, the mission discussed options and based on experience of the Supervising
        Engineer, recommended that the contractor consider temporary rentals (for the 10-14 days duration of the
        FSTE) of alternate transport vehicles that can be tested alongside the proposed 20T trucks.
    • Batching plant capacity: The contractor submitted a revised method statement in January 2024, requesting
        to continue construction with a reduced number of batchers operating in the main dam (existing 2 instead
           of 3) and retain batching plant no. 2 at the LCD. This is because works at LCD are much delayed by the
           contractor, so that construction period at LCD and main dam will overlap. proposal was not accepted by
           the Supervising Engineer as the batching capacity of the main dam cannot be reduced as proposed by the
           contractor. The contractor is unwilling to change the proposal based on requests for revision of this method
           statement. Negotiations have been ongoing for the last 5 months regarding relocation of plants and
           timelines.
     •     Ice plant manufacturing and construction: The contractor could not achieve optimal placement
           temperatures (26 degrees Celsius) required and was required to change the proposed method statement. To
           remedy this challenge, the proposal of adding ice to the RCC mix instead of water to help cool the mix was
           approved. Given that the RCC mix will require substantial amounts of ice, that would be costly and time
           consuming to procure, the contractor has decided to construct an ice plant on site. Parts for the ice plant
           have now been ordered and the plant is expected to be operational by October 2024, before RCC dam
           construction that is now scheduled to begin on November 7, 2024. The ice plant will be located next to the
           aggregate crushing plant. For the FSTE in July, the contractor indicated that they have secured vendor for
           purchase of ice to support temporary trial runs, which was accepted as a remedial measure by the
           Supervising Engineer.
     •     Construction of base camp and ancillary buildings: Construction of the base camp and other buildings is
           now ongoing (15%) and is inordinately delayed. The contractor has not submitted a justifiable response to
           the causes of delay. As per the approved work plan v8, the contractor is expected to hand over partially,
           including 12 houses ready for habitation. The Supervising engineer raised concern regarding this delay and
           cited security risks for staff that are now expected to supervise night shift work and must travel long
           distances at night.
     •     Construction of three schools: Construction of three relocation schools commenced in February but was
           suspended end April 26 due to interference and disputes with certain community members. Follow up
           meetings between the PS and the Governor are planned to address outstanding issues at high level and agree
           on way forward.
     •     Construction of access roads: The contractor has done 11 % on road upgrading and construction and water
           supply diversions outside the acquired land. While this is not yet on the critical path and can only start once
           the land is acquired, some sections are critical and need to be prioritized to maintain access and allow
           quarrying to start uninterrupted.


2.      While delays persist, overall,
there is good progress, including some
catch-up work that are on schedule (from
last mission). The contractor has started
the introduction of night shifts and
changed construction methods to
accelerate activities on the critical path.
The delays are mainly on the lower
Check Dam and remedial measures are
being discussed to bring this back to
schedule without disrupting the critical
path on Main Dam construction.

3.         Key issues that require resolution are:
         i. RCC Trial mix and Full Scale Trial Embankment (FTSE) – this is on the critical path and is important to
            determine any deficiencies in proposed RCC placement. It should not be delayed beyond July so that
            remedial actions can be incorporated within the critical path (procurement of equipment, tests, etc).
     ii. Excavation and slope protection of right bank (this is inevitably a slow process as it is determined by the
         speed of shotcreting. Night shifts are required to maintain the critical path. This needs close supervision
         by the Engineer.
   iii. Lower Check Dam Works: the delays mean that batching plant removal might be delayed, or construction
         of LCD paused as plant moved to main dam. The contractor has to propose a workable solution, and this
         is being discussed for inclusion in workplan by the contractor to mitigate delays.
    iv. Submission of integrated method statements as soon as possible. There is a need to escalate delays and
         outstanding methods with the contractor’s management to address concerns of the Supervising Engineer
         and come to an agreement on way forward as soon as possible.
     v. Base Camp and other buildings works are delayed without good reason. Engineer has instructed timeline
         for completion and habitation by engineer. This is to be fast-tracked and needs close supervision.
    vi. Critical road construction is new Community Road E2 to the LCD, which needs to be completed before
         impoundment. This is pending land acquisition and a remedial plan to deal with land acquisition delays
         under RAP 2 need to be agreed.
   vii. The Emergency Preparedness Plan is required to be submitted and approved 18 months before the
         commissioning of the dam. The mission confirmed that a draft will be submitted for review by October
         2024.

4.      Following the recommendation of the Bank and The Dam Safety Panel of Experts (DSPE) and the
Supervising Engineer, PMU has added an RCC expert as a member of the DSPE based on the approved
terms of reference for the RCC expert. The RCC expert has conducted a mission and findings were shared with
contractor and engineer and form the basis for current tests and improvements to the method statement.



Subcomponent 1.2 – Mwache Catchment Activities
5.       Watershed restoration activities in the Mwache river watershed have been progressing at a slow pace
as the team was mainly focused on the integration and reformulation process. A few activities were conducted
through Mwache Watershed PIU and the Contractor’s (Sino hydro) watershed subcomponent. Mechanized terracing
which is currently ongoing achieved only 48Kms within the FY first quarter. To achieve the envisioned target of
4000kms in FY 23/24, the mission emphasized the need to explore the mobilization of an additional equipment to
widen the scope, and better integration with WRUA action plans. Through the contractors’ Dam riparian
conservation, 3,411 tree seedlings were planted and fenced off with a 100% survival rate reported.

6.      Following successful restructuring of the component and completion of preparatory activities for WRUA
grants implementation, sub grants contracts between 10 WRUAs and Water Resources Authority have been
signed. This was after pre-disbursement conditions for mandatory training in procurement, finance and project
management for all the 10 WRUAs were completed.

7.       Community-led conservation activities at household level and in-kind are ongoing due to the
awareness created during the WRUA training; 39,000 trees were planted through this initiative. The WRUAS
also continues to recruit new members and opened physical offices in a bid to promote bigger area coverage and
adoption of SLM through farmer-to-farmer learning. Linked to this is the ongoing preparation for establishment of
FFS and FLID demonstrations led by Kwale County. FFS facilitators have been trained and deployed to support
this activity. A meeting bringing together Service Providers for farm inputs and solar water pumping systems, and
WRUA representative was held to facilitate smooth roll-out of this activity. Further, a stakeholders consultative
meeting bringing together key actors in Mwache watershed management was held led by WRA with local leaders
and line government departments pledging collaborative and technical support to implementation of the planned
WRUA activities.
8.       The mission emphasized the need to fast track establishment and operationalization of WRA PIU to
facilitate disbursement of grants to the WRUAs and coordinate technical support to ensure timely
implementation and funds accountability.

9.       Development of Mwache Sediment Management Strategy is at an advanced stage and a draft
Strategy is under review before finalization. Preliminary findings indicate that Mwache Reservoir will be non-
sustainable if sedimentation is uncontrolled. An aggressive watershed management program and efficient
infrastructure operations will be inevitable if the reservoir is to achieve the designed performance. Sediment
monitoring is sporadic and is performed with unsuitable equipment. Important data (e.g., particle size distribution)
is not available. It was agreed that sediment management be redesigned to respond to the project needs including
assessment of upstream interventions efficiency, sediment inflow and grain size determination and Mwache
reservoir downstream effects. The data will also facilitate assessment and updating of sediment trap efficiency.
Instream interventions such as sand dams were proposed as some of the measures to complement SLM interventions
especially in the catchment draining directly to the Dam and which has the highest sediment yield of
1182m3/km2/yr compared to upper and lower check dam catchments with yields of 735m3/km2/yr and
835m3/km2/yr respectively.

10.     Review of Mwache Catchment Management Plan (CMP) is in progress to address Bank’s comments.
Review of the CMP is ongoing, and a discussion of the draft CMP comments raised by the Bank was held to clarify
the observations. Mwache Watershed CMP will facilitate roll out of the new integrated implementation model in a
more sustainable manner and eventually anchor the long-term Payment for Ecosystem Services (PES)- scheme.

11.      Strengthening of Kwale PIU to institutionalize and optimize project implementation and better
support WRUAs in implementation of sub projects. In addition to WRA PIU coordination role, the success of
SCMPs implementation will strongly depend on the support received from the County technical departments. A
good working relation with these departments and leveraging on the ongoing related WB funded operations
(NARIGP/NAVCDP etc.) and other active Development Partners will promote institutionalization of these
initiatives. It is therefore critical that the County PIU offers efficient coordination functions with appointed project
staff dedicated to specific roles.

 Detailed Action Plan for Mwache Sediment Management & Development of Sediment Monitoring Plan

 1) Sediment Management

 •   Prepare sediment monitoring plan (to serve project needs) and start procurement of necessary equipment and setup of
     laboratory in Mombasa WRA office.
 •   Evaluate condition of existing River Gauge Stations and proceed to corrective actions if necessary (see example of
     visited RGS).
 •   Update erosion modeling of upstream catchment (use better data sets, actual LULC, perhaps better use MUSLE
     instead of RUSLE).
 •   Proceed to additional modeling of sedimentation in check dams to confirm their trap efficiency (1D/2D). Conduct
     long-term numerical modeling of sedimentation in Mwache Reservoir to confirm lifetime of reservoir and
     sedimentation pattern (A tributary will discharge very close to the dam and this might threaten with clogging the pipes
     that will be responsible for release of eco flows, as well as the bottom outlet).
 •   Create a sediment management committee at the project office co-led by WRA and the Dam operator. The committee
     will coordinate the involved stakeholders, designers, etc.
 •   Identify possible beneficiaries of sediment management in Mwache River basin and discuss possibilities for payments
     related to soil conservation and erosion reduction.
 •   Identify possible off-takers of sediment retained in the check-dams and make economic considerations on the price
     they will be willing to pay as well as the related business arrangements (who bears the responsibility for desilting of
     check dams and marketing of the sediment). Possible off-takers shall be identified for different types of sediment (e.g.
     sandy silts, sands, gravel) and accordingly different beneficial uses (ameliorant for agricultural use, construction
     material, etc.).


 2) Sediment Monitoring Plan

 •   Selection of sediment monitoring stations (first desktop study for identification of candidate locations, confirmation
     after field visit). The monitoring station selection criteria shall consider the needs of the Mwache sediment
     management strategy.
 •   Assessment of flow conditions (flow velocity, water depth) for an applicable range of flows including flood events at
     the identified monitoring stations.
 •   Procurement of the necessary equipment for sediment sampling.
 •   Training in sediment monitoring, gauge readers & Staff.
 •   Determination of regular sampling frequency as well as hydrological or meteorogical criteria that will trigger irregular
     sampling during high flow conditions.
 •   Establishment of laboratory at the Mombasa WRA office that will determine the concentration and grain size
     distribution of suspended load and bedload. This will limit costs and time associated with shipment of samples to the
     Nairobi laboratory. It is recommended to procure portable equipment that can be also used in the field for in-situ
     measurements.
 •   Engagement of the local communities in sediment monitoring during sampling, protection of the sediment monitoring
     stations.
 •   Data management: setup of central database for collection, collation of measurements and catchment data, models in
     systematic manner that will facilitate exchange between agencies, stakeholders and will support planning and decision
     making.


Subcomponent 1.3 – Social and Environmental Safeguards Implementation

12.     During the mission reporting period, massive civil works have commenced with multiple work
locations opening thus putting the approved C-ESMPs and the Operational Health and Safety
implementation arrangement to test. Gaps and areas of improvement in the C-ESMP and project ESHS systems
of work continue to be identified on a daily and weekly basis through the daily ESHS inspections and weekly OHS
audits. Associated actions get documented in the project Corrective and Preventive Action (CAPA) register
Register) that is reviewed monthly resulting to closure of corrective actions and adjustments of the C-ESMPs and
safe working procedures. From the recent review, the rate of closure of the CAPA had slowed from 70% in the
previous mission to 65%. This is attributed to more work fronts that have recently opened up requiring presenting
new hazards and risk whose containment and mitigation strategies are work in progress. The team agreed to push
the closure rate to above 85% by the next reporting cycle.

13.     The client has committed to working with the supervising engineers and the contractor to update the C-
ESMP to reflect the improvements made since they were first cleared. This is expected to conclude before 30th of
September 2024. The mission confirmed mobilization of the outstanding third supervising engineer EHS specialist
and received closure evidence of all the five OHS incidences that had occurred in the previous mission reporting
period and the WB team committed to closing these open ESIRTs internally.

14.      The mission followed up on the continued delay in finalizing the draft Ecological Impact Assessment
reports that has been occasioned by delays in the procurement process and consultancy contract time extensions.
The client confirmed that an evaluation committee had been set up to evaluate the extension of time request and the
cost variation claims received. In view of this, the consultant committed to share a revised work program indicating
how best to recover the lost time and conclude the assignment in a timely manner.
15.      On the social front, MOWSI continues to make progress on land acquisition, P1 and P2 land has been
handed over to the contractor. In addition, significant progress has been made on acquisition of P3 land. The
provision of 72 awards for priority land in P3 is imminent, though delayed compared to the timeline presented
during the last mission. With the remaining P3 lands to be acquired next FY, the PMU will need to ensure
counterpart financing is available to meet this timeframe and avoid delaying the impounding of the main
dam and lower check dam. Rough calculations based on the 72 parcels master schedule by the PMU let expect an
increased need of funds; the Bank requested the PMU to present a clear calculation based on available data and
ensure that the full amount is requested in the upcoming budget. Activities for implementation of RAP2 and RAP3
will commence after the mobilization of the Rap Implementation Consultant; procurement of the latter is still not
finalized and considerably delayed. The Bank team has requested the government to identify alternative approaches
in case the procurement process can continuously not be concluded. Meanwhile, cooperation between the Project
and the National Land Commission has considerably improved. Finally, it is of urgent importance to extend the
contract for the RIC for RAP1.

16.      Investigations and immediate corrective actions have been concluded for 3 labor-related incidents,
including Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH) and violence allegations. The Bank
has supported the process by hiring a specialized investigation firm to provide technical assistance. The extensive
investigation and resulting corrective actions include, amongst others, the dismissal of one worker, verbal and
written warnings to several persons, and recommendations for overall systems strengthening. All related parties,
i.e., PMU, engineer, contractor, and technical specialists have agreed on the above and immediate actions have been
implemented. During this mission the Bank has followed up on the progress of systems improvements. It has noted
significant progress and agreed with the PMU to finalize outstanding actions prior to June 24, 2024.

17.      Other Grievances. The mission has also met with representatives of the Mwache Dam Apex Committee,
which includes the Kaya elder, and the Dam Union. The mission discussed breaks in communication, including
missing respect towards communities and traditional leaders, and agreed on renewed engagement between
stakeholders, identifying the project’s move towards construction and some personnel changes as core reasons. This
is especially important for the construction of replacement schools. Also, delays in compensation of P3 and the
commencement of livelihood restoration activities have been discussed. The mission also discussed challenges on
identifying semi-skilled workers from Kwale, with challenges during interview stage. The project will discuss with
the contractor options to provide outreach events to outline expectations on interview performance. On community
graves, the mission acknowledged the urgency of the situation and agreed with the community representative to
identify land (willing-buyer-willing-seller) and an institutional anchor for the ownership of the future cemeteries.
The mission urged on grievances related to cracks in houses the project to find simple solutions such as quick repairs
by the contractor. The mission observed the near conclusion of community access paths construction, both
temporary and permanent. The mission registered a grievance by the Kaya elder regarding the destruction of
tangible cultural heritage (8 sacred pots), even though he informed the project beforehand. The mission noted the
seriousness of this situation, requiring the filing of an ESIRT with potential serious consequences for the project,
given its unwarranted ignoring of the warning.

18.      The single biggest challenge to effective E&S risk management on the project remains procurement
and contract management. On procurement, delays in procuring the RAP 2 and 3 implementation consultant risks
delaying impoundment of the main dam, possibly beyond the scheduled closing date for the project. Similarly,
protracted delays (over two years) and other challenges with the procurement of the Livelihood Restoration
Consultant means that a core part of RAP implementation has not been provided thus far, exposing the project, to
ongoing complaints and additional risks. Moreover, delays in extending the consultancy contract for the Ecological
Impact Assessment and procurement of the livelihood implementation consultancy implies continued delays in
finalizing key deliverables that are required to inform the livelihood restoration plan, ongoing downstream social
impact assessment, environmental flow, and the operational regime of the dam. To address these issues, the National
Project Management Unit (NPMU) needs to ensure resolution of the protracted delays in procuring the LRP
implementation consultant and closely monitor early results for EcIA and take remedial action if needed. The
mission is also concerned that any subpar outcome of the respective procurement processes would lead to further
delays during implementation, given the considerable mobilization time and enhanced expertise required by the
specific context of the project, i.e. a community whose trust needs to be earned

19.      The project grievance redress mechanism continues to work well for resettlement and related land
acquisition, Vulnerable Groups Management Plan (VGMP) and GBV related issues. During the reporting
period, the PMU and RAP implementation consultant worked to resolve teething problems with the flow of
information between the main Grievance Redress Mechanism (GRM) and the contractor (through the supervising
engineer). The PMU needs to follow up to ensure that these efforts have the desired effect. The GRM has received
a total of 347 RAP-related grievances, of which 322 are solved, while out of 23 construction-related grievances 13
are solved. The unresolved RAP cases have been escalated to the subcounty level for resolution (third tier) and all
complainants have been notified of the status of their grievance, while the construction-related grievances are still
being handled on the first tier. The project GBV service provider continues to work well and provide support to the
GRM on cases related to GBV. To date the service provider has supported the community to address concerns
around intimate partner violence (including financial abuse) and child neglect.

20.      Considering the sustained progress made in operationalizing the C-ESMPs and the adaptive
management strategies put in place by the client and the contractor to contain emerging new OHS hazards;
Mobilization of the third EHS officer to site; operationalization of a functioning GRM and milestones
achieved on Land acquisition, the E&S performance rating remains on “Moderately Satisfactory”. However,
to sustain and/or improve this rating, the client needs to expressly focus on i) resolving the procurement challenges
of the EcIA study and finalizing the study expressly; ii) Updating the C-ESMP to reflect the improvements made
in safe systems of work. iii) Addressing E&S concerns of the operation of the crushing plant by implementation of
adequate mitigation measures; and v) continuous meaningful consultations with the local community and VMGPs
on delayed provision of community infrastructure and the implementation of the LRP. If procurement processes for
RIC and LRP consultant are not concluded (or alternative approaches established to commence with livelihood
restoration and RAP2/3 implementation) by the next mission, then the rating would need to be downgraded again.

Component 2: Kwale County Development Support

21.     Sub-Component 2.1 Water Supply Investments - The Kwale County water supply investment aims
at improving the water supply in both the urban area and priority rural areas of the County. The mission
discussed this component in detail with the aim to turn it around, simplify its component structure and successfully
close the activities. The contract for construction of Kwale Town Urban water Supply was awarded to Toddy Civil
Engineering Co. Ltd at a cost of Ksh. 426,338, 937. The project commenced on July 6, 2020, for a period of 8
months ending on June 29, 2021, with the contractor having been handed over the site on October 29, 2020. The
contract has been extended three times due to delays caused by the effects of COVID-19 pandemic that constrained
the procurement of important electro-mechanical equipment. The project has remained at about 75% completion
with no progress being registered in the last few months. A 90-day notice for liquidated damages was issued to the
contractor, expiring December 13, 2023. Subsequently, a letter on the Notification of Intention to Termination of
Contract for the Works for Non-Completion by the Intended Completion Date was sent to the Contractor on
November 24, 2023. The contractor has since agreed to finalize local works, and to present evidence of order of
electromechanical fittings, failure of which will lead to termination. This will be followed in the bi-weekly meetings.

22.      Pipes and fittings have been handed over to KWAWASCO. In-system works are by and large completed,
and the mission requested that water kiosks be handed over to community operators within the course of the mission
and this has reportedly been undertaken. This implies a significant improvement of water supply capacity for Kwale
Town, even though the water treatment plant is yet to come online.

23.   Sub-Component 2.2 – Sanitation Investments: The mission repeated its request to complete the
documentation of Open Defecation Free (ODF) under the project. Of the 40 villages that were targeted to be
delivered as Open Defecation Free, 25 villages claim to be ODF and documentation was uncovered from the time
these activities took place and are being reviewed. It was noted that Kwale is a beneficiary county of the upcoming
K-WASH program, and the county was to investigate if at all further activities should be pursued under this project
in the reservoir vicinity or whether these will be pursued under K-WASH completely.

24.      Sub-Component 2.3 – Irrigation. This activity is fully embedded within the component on watershed
management and the county is developing a plan, which was discussed with CECs for water, agriculture and
health. The focus is on facilitation not hand-outs and the successful utilization of existing pans, and the county
will refine next year plans by June 30, 2024.


Component 3: Project Management

Fiduciary aspects (including procurement and financial management)

25.     The ISR rating for Financial Management arrangements is rated as Moderately Satisfactory while
the FM risk assessment rating is rated as Substantial (S). For IDA credit 55430 of XDR 131,800,000 69% has
been disbursed while 30.1% is undisbursed and an amount of US$3,415,425 is yet to be documented. Additionally,
IDA credit number 145559 of € 128,800,000 was effective on 21 April 2022 and no disbursements have been made
against this financing. The mission reported that the overall absorption of the project was 65% for the year
2023/2024 amidst reported delays in project implementation.

26.     The mission reported that there were delays in completion of the valuation reports for land
compensation by NLC which is expected to submit by 30 June 2024. For the current budget process for the year
2024/2025, the project requested for an estimated budget of Kshs 2.7 billion but only Kshs 400 million has been
allocated. The submission of the final amounts, however, shall be outside of the government budget cycle and the
Ministry shall need to consider supplementary budget proposal ahead of time. Lack of a budget and sufficient
counterpart funds for compensation may make it very difficult for the contractor to make substantive progress.

27.     There are continued delays in payment of invoices, which require closer tracking within the Ministry.
Most concerning, the mission understands that the amount of Kshs 95 million and US$2.2 million from the
advance payment for Mwache dam has still not been paid. This amount relates to an erroneous deduction of
VAT on advance payment. Additionally, there were expenditures amounting to Kshs 8 million paid using project
funds but not included in the approved workplan. The foreign payments amounting to Kshs. 22,506,293 for this
project were paid through KWSCRP resulting to comingling of project funds which is not allowed as per Bank
policy. The mission reported that an amount of Kshs 27, 752,838 is yet to be recovered from the terminated contract
of the construction of the rainwater harvesting facilities and sanitation blocks, for schools in Kwale County phase
2. These amounts should be refunded into the project account and used for the implementation of project activities.

28.     The project external audit report was qualified with emphasis on key issues among them the interests
and penalties amounting to Kshs.74,306,675 for the financial year 2022/2023 which are not eligible for
funding with IDA resources. Given that the amounts were paid as part of the IPC certificates and the risk of delays
continue to be a challenge, the mission requested to get a comprehensive analysis of all the interests and penalties
charged from IDA funds as of 30 May 2024. These amounts should be refunded to the project account otherwise
they are potentially ineligible.

29.     The internal audit of the project for the year 2023/2024 was yet to be undertaken, the clearance letter
for the external audit report for the year 2021/2022 was pending submission to confirm resolution of the
issues noted. The Project needs to ensure that an internal audit is undertaken and both internal audit findings and
external audit findings are monitored and resolved continuously. For external audit, project needs to provide a
clearance letter from Office of the Auditor General (OAG) to confirm resolution of the prior year issues as well as
for the year 2022/2023.

30.     The mission noted that the Project Operations Manual and the Financial Management Manual are
yet to be updated to reflect the Water Resource Authority (WRA) as an implementing entity as per the
approved restructuring papers among other project updates. The revision is key to ensure that the operations
comply to the POM is a requirement of the Financing Agreement.

31.     The mission reported that a tax assessment of the project was undertaken by Kenya Revenue
Authority on 4 April 2024 with preliminary findings and a tax demand of Kshs 164,743,520. This amount
included withholding income tax and withholding Value Added Tax due in principle amount of Kshs 107,467,284
and interests and penalties of Kshs 57,276,235. Given that the project is tax inclusive, the principal tax can be
considered for payment from IDA funds, but the interests and penalties are not eligible for funding from IDA funds.
Due care should also be exercised by the project to ensure compliance with the tax requirements.

32.     The ISR rating for Procurement arrangements is rated Moderately Unsatisfactory (MU) while the
procurement risk assessment rating is rated as “High”. The mission observed moderate procurement progress
2 No. contracts (RCC Expert and signed since the last mission in November 2023. The other procurement
performance targets of completing 3 No. procurements and updating the records in STEP were not achieved.
Significant procurement delays for the 3 No. procurements including RAP 2 & 3, Livelihood restoration programme
and Procurement Specialist continue adversely affecting procurement performance. The implementation of some 8
No. activities in STEP are red flagged as delayed. The mission discussed and agreed on the need to expedite the
preparation and submission of quality procurement documents for project activities, timely implement approved
procurement activities and promptly update records in STEP.

33.     Procurement and contract records and procurement post reviews (PPR): There were variations
between the PMU’s reported procurement progress and progress recorded in STEP which was attributed to the
delayed upload of relevant records. The mission agreed that PMU will update information and upload relevant
records on STEP on time and continuously to facilitate the Bank’s PPR exercise.

34.     Procurement and contract management: With the delayed contract implementation and completion of
several procurement contracts, the mission reiterated the responsibility of PMU and appointed contract managers
to monitor and track the contract execution and ensure contract deliverables are achieved within the contracted time,
cost, and quality through appropriate contract management measures. The justified contract modifications and
variations are to be executed following relevant contract provisions and the Bank’s revie w requirements. The
extensions of contract periods are to be affected before the expiry of the contracts.

35.     Agreed actions to improve procurement performance: To improve procurement performance, the
mission agreed on the values and numbers of contracts to be signed and completed by specific dates as presented
in Table 5 (Agreed Actions). Both PMU and the Bank would continuously review the achievement/progress of
these actions on the STEP and take proactive actions to meet the agreed targets.


Monitoring and Evaluation

36.     The mission commends the M&E team for facilitating the verification process of the 18 villages that,
while previously claiming Open Defecation Free (ODF) status without third-party certification, have now
received ODF certification. The project website has been compromised and is currently down; however, the
mission encourages an expedited rebuilding process. Additionally, it was noted that the panel of experts has decided
to make the MIS system publicly accessible by the end of the calendar year. Although most indicators related to
dam construction have stalled, eight indicators are either advancing well or have achieved their target. Nevertheless,
challenges persist in regularly updating the Management Information System (MIS) and in generating consolidated,
timely progress reports for the entire project during support missions, as well as in providing tangible evidence of
outcomes.


Project management

37.      The positive turnaround in management has been sustained, even though communication breakdown
has contributed to deteriorating community relations and will require action. The mission discussed the
renewed communication action plan. It is evident that Ministry management is very engaged in problem solving,
and it is expected that if current concerns are addressed, the project would get out of Problem Status. This does
require close coordination across the two State Departments and similar local leadership in Kwale County to serve
the interests of the project and local community. The PMU was strengthened with a community liaison officer, and
at the management level the PS Irrigation is instituting a coordination mechanism with the Kwale leadership,
including bi-monthly meetings.

38.      It was discussed and agreed for improved coordination to reinstitute the Steering Committee
Meetings. During COVID-19 period these ceased to happen, and it is important to restart. Initially the frequency
will be set to bi-annually with the first meeting in September/October 2024 to be called by MOWSI.

39.     Weekly meetings between NPMU and WB will continue. Quarterly meetings with Coast Water Works
Development Agency, counties, and French Development Agency (AfD) did not happen until called in this mission
and it was agreed by all parties that these will be critical going forward on a bi-monthly basis ensure good
coordination on the associated facilities as well as progress on the institutional discussions. The next meeting is
agreed for July 31/August 1.
            ANNEX 3: Results Framework.


            PDO Indicators by Objectives / Outcomes


  increase bulk water supply to Mombasa County and Kwale county
   IN01224037
  ►Bulk water supply from Mwache Dam (Cubic meters/year, Custom)

                                     Baseline                    Actual (Previous)            Actual (Current)           End Target

  Value                             0.00                         0.00                         0.00                       67,900,000.00

  Date                              17-Jun-2014                  11-Nov-2023                  27-May-2024               20-Apr-2026

  Comments: No change. Dam still under construction; impounding to start in 2026


  increase access to water in Kwale County
   IN01224038
   ►Number of people in drought-vulnerable project areas in Kwale county gaining access to improved drinking water sources and water for
   productive use as a result of project interventions (Number, Custom)

                                     Baseline                    Actual (Previous)            Actual (Current)           End Target

  Value                             0.00                         0.00                         0.00                       65,000.00

  Date                              17-Jun-2014                  11-Nov-2023                  27-May-2024               31-Dec-2024

  Comments: No change. However, not long from now, the water kiosks will be operational and hence a change in status.
  IN01224039
  ►Direct project beneficiaries (Number, Custom)

                                     Baseline                    Actual (Previous)            Actual (Current)           End Target

  Value                             0.00                         24,236                       42,599                     350,000.00

  Date                              17-Jun-2014                  11-Nov-2023                  27-May-2024               29-Jan-2027

    IN01224040
      Female beneficiaries (Percentage, Custom Supplement)

                                   Baseline                     Actual (Previous)            Actual (Current)           End Target

    Value                          0.00                         34%                          40%                        48%

    Comments: The data includes: 5,680 farmers, 647 community health resource persons trained, 4,351 livelihoods and 320 by CDA
    catchment mgt activities. 261 artisans trained, 2,580 trained/sensitized on watershed mgt, 887 (846M, 41F) new construction staff, 16,823
    people from the 25 villages cerfified ODF and 7,870 (3817B, 4053G) from 21 schools benefiting from the sanitation investments. Although
    the number of females employed in the dam works is still low, overall, the percent of females benefiting from the project increased, bouyed
    by the number of girls enrolled in the schools benefiting from the sanitation investments and women in the ODF cerfified villages

Intermediate Results Indicators by Components


  C1- Mwache Dam and Related Infrastructure
  IN01224056
  ►Construction of Mwache Dam and associated works (Percentage, Custom)

                                     Baseline                    Actual (Previous)            Actual (Current)           End Target
Value                             0.00                         3.87%                        10.2%                      100%

Date                              17-Jun-2014                  11-Nov-2023                  27-May-2024               20-Apr-2026

Comment: The last six months have seeen an excalation in the pace of dam construction. The contractor was able to secure all construction
certificates/permits that had slowed the works in the previous period.
IN01224059
►Target land area under sustainable land and water management practices (Hectare(Ha), Custom)

                                   Baseline                    Actual (Previous)             Actual (Current)          End Target

Value                             0.00                         1,400.00                     1,539.4                    10,000.00

Date                              17-Jun-2014                  11-Nov-2023                  27-May-2024               29-Jan-2027
Comments: Indication definition and target has been revised to reflect the full range of catchment management interventions supported under
the project. The new target is 10,000 ha.
IN01224062
►Environmental and Social Management Plan Implemented (Yes/No, Custom)

                                   Baseline                    Actual (Previous)             Actual (Current)          End Target

Value                             No                           Yes                          Yes                        Yes

Date                              17-Jun-2014                  11-Nov-2023                  27-May-2024               29-Jan-2027

Comments: This is a continous qualitative indicator.
IN01224065
►Proportion (%) of PAHs that are satisfied with the resettlement and livelihood restoration services provided under the project (Percentage,
Custom)

                                   Baseline                    Actual (Previous)             Actual (Current)          End Target

Value                             0.00                         77.8%                        77.8%                      70%

Date                              11-Nov-2023                  11-Nov-2023                  27-May-2024               29-Jan-2027

Comments: The survey to collect data for this indicator takes place in July each year. The achievement for the previous period is therefore
maintained pending completion of the survey in July.
IN01224068
►Proportion (%) of construction/post-construction jobs created going to women in the project area (Percentage, Custom)

                                   Baseline                    Actual (Previous)             Actual (Current)          End Target

Value                             0.00                         7%                           4.8%                       30%

Date                          11-Nov-2023                11-Nov-2023                 27-May-2024              29-Jan-2027
IN01224070
Comment: Employment opportunities increased but more men were hired than females. The number of female applicants for the artisanal
jobs has been low.

►Reservoir holding capacity of Mwache dam (Cubic Meter(m3), Custom)

                                   Baseline                    Actual (Previous)             Actual (Current)          End Target

Value                             0.00                         0.00                         0.00                       136,000,000.00

Date                              11-Nov-2023                  11-Nov-2023                  27-May-2024               20-Apr-2026

C2- Kwale County Development Support
IN01224057
►Number of people gaining access to water for productive use under the project (Number, Custom)

                                  Baseline                     Actual (Previous)            Actual (Current)          End Target

Value                             0.00                        0.00                         0.00                       25,000.00

Date                              17-Jun-2014                 11-Nov-2023                  27-May-2024               29-Jan-2027

                                  No change
Comments:
IN01224060
►Number of people provided with access to improved drinking water sources under the project (Number, Custom)

                                  Baseline                     Actual (Previous)            Actual (Current)          End Target

Value                             0.00                        0.00                         0.00                       40,000.00

Date                              17-Jun-2014                 11-Nov-2023                  27-May-2024               29-Dec-2023

Comments: No change
IN01224064
►Number of Villages Certified by third party to be Open Defecation Free (ODF) (Number, Custom)

                                  Baseline                     Actual (Previous)            Actual (Current)          End Target

Value                             0.00                        25.00                        25.00                      40.00

Date                              17-Jun-2014                 11-Nov-2023                  27-May-2024               29-Dec-2023

Comment: No change since last reporting. However, during the current mission, cerificates for the 25 villages were availed and the population
in the 25 villages obtained (contributing to the indicator on number of project beneficaries)
IN01224066
►Number of public schools provided with WASH facilities under the project (Number, Custom)

                                  Baseline                     Actual (Previous)            Actual (Current)          End Target

Value                             0.00                        15.00                        21.00                      30.00

Date                              17-Jun-2014                 11-Nov-2023                  27-May-2024               29-Dec-2023

Comment: infrastracture/facilties in 6 more schools have been completed, benefitting 7,870 pupils (3817B, 4053G).
IN01224071
►Number of people that directly benefitted from sustainable livelihood improvement investments (Number, Custom)

                                  Baseline                     Actual (Previous)            Actual (Current)          End Target

Value                             0.00                        4,351                        4,351                      6,500.00

Date                              17-Jun-2014                 11-Nov-2023                  27-May-2024               29-Dec-2023
IN01224072
►Female share (%) of farmers gaining access to irrigation water services through the irrigation demonstration scheme (Percentage, Custom)

                                  Baseline                     Actual (Previous)            Actual (Current)          End Target

Value                             0.00                        0.00                         0.00                       50.00

Date                              11-Nov-2023                 11-Nov-2023                  27-May-2024               29-Jan-2027
IN01224073
►Female share (%) of irrigation demonstration participants with increased income from marketed products (Percentage, Custom)

                                  Baseline                    Actual (Previous)            Actual (Current)          End Target

Value                             0.00                        0.00                         0.00                      50.00

Date                              11-Nov-2023                 11-Nov-2023                  27-May-2024               29-Jan-2027

Comment: No change. Activity yet to start

C3- Project Management
IN01224058
►Project M&E Established and Operational (Text, Custom)

                                  Baseline                    Actual (Previous)            Actual (Current)          End Target

Value                             NA                          Fully operational            Fully operational         Fully operational

Date                              17-Jun-2014                 11-Nov-2023                  27-May-2024               31-Dec-2021

Comments: MIS fully operational and the dashboard is now available publicly at here
IN01224061
►Schedule performance index of the Mwache dam and associated works (Number, Custom)

                                  Baseline                    Actual (Previous)            Actual (Current)          End Target

Value                             0.00                        0.74                         0.21                      0.85

Date                              01-Nov-2021                 11-Nov-2023                  27-May-2024               20-Apr-2026

Comments: Actual progress currently stands at 10.2% against a planned progress of 48%. Although the pace of dam construction increased,
the progress is still behind schedule.
IN01224063
►Cost performance index for Mwache dam and associated works (Number, Custom)

                                  Baseline                    Actual (Previous)            Actual (Current)          End Target

Value                             0.00                        0.0183                       0.8                       0.80

Date                              18-Oct-2021                 18-Oct-2021                  27-May-2024               20-Apr-2026

Comments: Despite the advance payments, the government has largely met the dam construction payments that reflect the true value of the
works implemented.
IN01224067
►Proportion (%) of women representation in the JA board of directors or senior management (Percentage, Custom)

                                  Baseline                    Actual (Previous)            Actual (Current)          End Target

Value                             0.00                        0.00                         0.00                      30.00

Date                              11-Nov-2023                 11-Nov-2023                  27-May-2024               30-Jun-2023

Comment: The Government has proposed an alternative arrangement to the joint authrority that could affect the content and structure of this
indicator.
IN01224069
►Joint Authority established and operational (Yes/No, Custom)

                                  Baseline                    Actual (Previous)            Actual (Current)          End Target
Value                              No                           No                           No                         Yes

Date                               11-Nov-2023                  11-Nov-2023                  27-May-2024               30-Jun-2023
Comment: The Goverment no longer intends to pursue the establishment of the Joint Authority. The Government has proposed the Coast
Water Works Development Agency (CWWDA) as the alternative arrangement and initited the formal appointement as the Bulk Water Service
Provider for the Coastal region. In this regard, this indicator will be reformulated soon this alternative arrangement is agreed with the Bank.




        ANNEX 4 – proposed detailed project performance ratings.

        Project Ratings                                      Previous                               Current

        PDO                                                  Moderately Satisfactory                Moderately Satisfactory
        Implementation Progress                              Moderately Unsatisfactory              Moderately Satisfactory
        Component 1: Mwache Dam and Related                  Moderately Satisfactory                Moderately Satisfactory
        Infrastructure
        Component 2: Kwale County Development                Moderately Satisfactory                Moderately Satisfactory
        Support
        Component 3: Project Management                      Moderately Unsatisfactory              Moderately Satisfactory
        Fiduciary Management                                 Moderately Unsatisfactory              Moderately Satisfactory
        Project Management                                   Moderately Unsatisfactory              Moderately Satisfactory
        Counterpart Funding                                  Moderately Satisfactory                Moderately Satisfactory
        Procurement                                          Moderately Unsatisfactory              Moderately Unsatisfactory
        M&E                                                  Moderately Satisfactory                Moderately Satisfactory
        Overall Safeguards Rating                            Moderately Unsatisfactory              Moderately Satisfactory