The companys formation arose from the need to commercialize water services, which is now covered by the water act 2002 water. Timber act chapter 386 tourist industry licensing act chapter 381 water act 2002. Wstf brief water sector trust fund financing the water sector. Water act of 1974, which purported to ensure availability of potable water within a reasonable distance to all households by the year 2000. The water act 2016 technically repeals the water act 2002. Water sector trust fund, kenya inclusive infrastructure. These were the water boards, water service regulatory board wasreb, water trust fund wstf, water resource management. The water amendment bill, 2014 passed into law on 2 june 2014 national water resource strategy published on 16 august 20. Short title this act may be cited as the kenya water institute act, 2001. Government of kenya, ministry of water and irrigation, the water act no. Authorities shall, in administering or applying this act, be guided by the principles and values set out in articles 10,43. Water services devolution in kenya briefing note to support effective and sustainable devolution of water and sanitation services in kenya.
Water policy, accessibility and water ethics in kenya. In 2002 the water act was repealed and replaced by new law which is presently known as the water act 2002 and does not have a chapter number. Turning finance into services for 2015 and beyond rural water supply improve management and coordination of works and investment planning. Other policy blueprints include the water act 2002, the country strategy on water and sanitation services and country strategy on integrated water resources management. Pdf the water act 2002 and the constitution of kenya. In this act, unless the context requires otherwiseappellate authority means the authority pursuantto section 107 ofthis act. Mainstreaming the participatory approach in water resource. Laws of kenya water act chapter 372 revised edition 2012 2002 published by the national council for law reporting with the authority of the attorneygeneral. The land acquisition act of 2000 empowered the government to acquire any land.
Pharmacy and poisons act cap 244 revised 2002 anti. The national water resources management strategy nwrms. Wastewater production, treatment, and use in kenya. Issue licenses for the provision of water servicesdetermine standards for the provision of water services to consumersestablish procedures for handling complaints by consumers against licensees among others. Understanding the kenya 2016 water act redefined roles and responsibilities for the management, development and regulation of water resources and water services the passage of kenyas 2010 constitution has had a wide set of implications for the water sector. Implementation of this act is guided by the principle of public participation in the development of policies, plans and processes for environmental management. Existing legislation, particularly the water act 2002 initiated an important reform process that has considerably helped revolutionise the water sector, however the new constitution is now in place and the act has now to be realigned to fit with the provisions of the new constitution. October 2002 as the water act, 2002 and went into effect in 2003 when effective implementation of its provisions commenced. This act may be cited as the water resources managementact, 2009andshall come into operation on such date as the ministermay, by noticepublishedinthe gazette, appoint.
This act provides for the regulation, management and development of water resources and water and sewerage services in line with the constitution. Water act 2002, constitution of kenya 2010, water provision and management. This was after finalizing negotiations on the water service agreement with the coast water services board and appointing the first board of directors. Policies and legislation stages of drafting a law in kenya initiation of a proposal several parties can be involved in the initial process. Factors affecting successful strategy implementation in. They shall apply to all policies, plans, programmes, and activities to which the act applies. This email address is being protected from spambots. Following the enactment of the water act 2016, awwda. Short title and commencement this act may be cited as the water act, 2002 and shall come into operation.
The purpose of this paper is to consider the vision for public participation in water resources management embedded in kenya s 2002 water act, as it relates to pastoralists. Water sector reforms in kenyawater sector reforms in kenya. Mar 10, 2008 water management is undergoing tremendous change involving the deposition of traditional public sectorbased management systems for multistakeholder governance systems. In the year 2002 this national policy paper was presented to parliament for debate and adoption. Seasonal and regional water scarcity exacerbates the difficulty to improve water supply the kenyan water sector underwent farreaching reforms through the water act no. Kenya water services regulatory board wasreb download pdf visit company page the water services regulatory board wasreb is a regulatory state corporation established by the water act 2002, this law was repealed by the water 2016 operationalized in april 2017. Revised legislation carried on this site may not be fully up to date. The act recognizes that water related functions are a shared responsibility between the national government and the county government. The major parties that initiate a bill into being a law source include among others, the government, ministry and group facing pressure.
The act has created new institutions to manage water resources in kenya. Previously service provision had been the responsibility of a single national water conservation and pipeline corporation as well as of a few local utilities established since 1996. The water act 2002 and the constitution of kenya 2010. Fragmented and outdated legal and regulatory frameworks. Revised edition 2010 1998 published by the national council for law reporting with the authority of the attorney general. Land registration act 2002 is up to date with all changes known to be in force on or before 14 february 2020. The water act 2002 was published it repealed cap 372 with new institutions which ushered the water sector reforms of 2003. This includes management of water resources and provision of water supplies. Kenya tourist development authority chapter 382 kenya s environment management and coordination act 1999. In 2016 a new water act was enacted which as a result there was farther decentralization of water services to the 47 counties. Nairobi city water and sewerage company is an iso 9001 certified institution that is purely tasked with providing water and sewerage services to the residents of nairobi. It was established under the water act 2002 vide gazette notice no. Water sector trust fund waterfund is a state corporation established under the water act, 2016 with the mandate to provide conditional and unconditional grants to counties, in addition to the equalisation fund and to assist in financing the development and management of water services in marginalised areas or any area which is considered by the board of trustees to be underserved.
The water act 2002 led to establishment of wasreb as the regulatory board with powers to. The reforms of the water act 2002 the water act 2002 has introduced comprehensive and, in many instances, radical, changes to the legal framework for the management of the water sector in kenya. Coherence and conflicts towards implementation kanda, e. This act may be cited as the water act, 2016 and shall come into operation on such a date as the. The water services regulatory board under power granted by sections 47 and 73 of the water act 2002, has approved the regular tariff adjustment for the area served by the nairobi city water and.
Its mandatewas to help finance the delivery of water and sewerage services to areas of kenya without adequate supply. An act of the scottish parliament to make further provision in relation to the water industry commissioner for scotland and to provide for the establishment of water customer consultation panels. Water supply and sanitation in kenya is characterised by low levels of access to water and sanitation, in particular in urban slums and in rural areas, as well as poor service quality in the form of intermittent water supply. Initiated with a new water act in 2002, significant policy revision and restructuring of institutional roles is still ongoing and will need to be aligned with the new constitution of kenya 2010. Contribution of research and innovation to sustainable. Pdf the water act 2002 and the constitution of kenya 2010.
The company aspires to be a role model among other water companies established across africa. Awwda works development agency awwda is one of the eight 8 water works development agencies wsbs established under the ministry of water and sanitation. It has its offices opposite the nyeri county government health centre, off kenyatta road. The kenyan water sector underwent farreaching reforms through the water act no. Understanding the kenya 2016 water act 2030 water resources. The water act 2002 created several institutions with specific roles. Kenyan river basin governance underwent a pioneering reform in the water act of 2002, which established new community watermanagement institutions.
Five years on a forum for analysis and debate on water and sanitation issues in kenya issue 5 may 2008 i t is about. Water policy, accessibility and water ethics in kenya santa clara. Kenya, water law, rural water supply, water services, water resources management, rural poor, legal pluralism. These rules implement provisions of the water act, 2002. The kenya ministry of water and irrigation mowi, formed in 2003, has as its fundamental goal conserving, managing and protecting water resources for socioeconomic development. For more information and latest news on law reform in kenya water sector go to ministry of water for more information about this sector, please visit publicprivate partnerships in water and sanitation.
In kenya, a new law the water act of 2002 republic of kenya, 2002 was passed. National water act, 1998 centre for environmental rights. Understanding the kenya 2016 water act redefined roles and responsibilities for the management, development and regulation of water resources and water services the passage of kenya s 2010 constitution has had a wide set of implications for the water sector. The policy also emphasised that the central government has a responsibility of protecting water. The water sector reforms includes the development and implementation of unbundled intergovernmental and institutional mandates coupled with fulfilment of legal requirements in line with the constitution and water act. The enactment of the water act 2002 created new institutions water companies to manage water resources in kenya. The main shortfall in the national water policy of 1991 can be identified in the implementation strategies, which emphasised that the central government is a sole investor, implementer and manager of the projects, both in rural and urban areas. Sep 18, 2017 the kenyan government created the water services trust fund wstf in 2004 as a state corporation established under the water act, 2002. Whereas it is desirable that a framework environmental legislation be promulgated so as to establish an appropriate legal and institutional. Issue licenses for the provision of water services. As things now stand, there appear to be overlapping responsibilities and lack. View academics in kenya water act 2002 on academia. Interpretation in this act, unless the context otherwise requires.
Given that kenya faces serious challenges with regard to the management of its. Pain at the tap as cost of water doubles for nairobi residents. While there will be uncertainty until a new water act. An act of parliament to establish the kenya water institute, to provide for its incorporation, powers and functions, and for connected purposes act no. It also recognises the cultural and social principles traditionally applied by communities in kenya for the management of natural resources. The water services trust fund in kenya centre for public.
There are changes that may be brought into force at a future date. It seeks to increase water access in lowincome areas, reduce poverty and improve peoples lives. Published by the national council for law reporting with the authority of the. This article focuses on community water projects in the likii water resource users association in the upper ewaso ngiro river basin on mount kenya, and the extent to which their features are consistent with ostroms design principles of. The enactment of the water act in 2002 there was a decentralization of the water services to 91 local water services providers wsps. Wildlife conservation and management act chapter 376 south africa. Agriculture act cap 318, water act 2002, emca 1999 etc resulting into low enforcement and conflicting sectoral mandates. The current water sector reforms, formally commenced in april 2017, after the cabinet secretary for water published notices in the kenya gazette. The company took over the operations of water and sewerage services provision in mombasa county as from 1st september, 2005.
Albert mumma international water management institute. The act establishes the water resources management authority and defines its duties. Pharmacy and poisons act cap 244 revised 2002 an act of parliament to make better provision for the control of the profession of pharmacy and the trade in drugs and poisons. The water sector trust fund wstf is a state corporation of the ministry of water and sanitation in kenya. Changes and effects are recorded by our editorial team in lists which can. Water permit systems, policy reforms and implications for. Enhance targeting of investments by developing and implementing a database to monitor coveragefunctionality of rural water supply systems. Water services providers association waspa, was registered in november, 2002 under the societies act cap 108, laws of kenya as an association of water services providers wspas in the country.