The
CoK 2010 provided for opportunities that were meant to equally distribute
resources and make services more accessible to citizens. It created devolution
which placed water services delivery and storm water management in the hands of
County Governments, entrenched citizen participation and broadened the bill of
rights to explicitly espouse the right of access to safe water in adequate
quantities. There was therefore need to align the water sector to these
realities. The ongoing alignment process therefore provided an opportunity for
sector institutions, the public, CSOs and development partners to move to a
more targeted and integrated sector governance approach.
The
Water Act 2002 has made great gains: The water sector has attracted more resources
which confirm commitment and confidence by government and development partners
respectively to the reform, there has been socially responsible
commercialization of water services sector which has been successful in urban
areas, there is more stakeholder participation and gender mainstreaming, there
is improved ring-fencing of revenues, water resources increasingly receiving
the desired attention as their management is more delegated to the grassroots
and the sector is nowadays receiving manpower of varied skills. The Water Bill
2013 upholds the basic tenets of the Water Act 2002 and if correctly
implemented could preserve and extend these gains made since 2002 hence
improved accountability and transparency in water governance.
The
Bill establishes bodies to be in charge of water resources, services, financing
and disputes resolution; Water Resources: Are
national assets belonging to all Kenyans. The Cabinet Secretary in charge of
water affairs sets policies. The Water Resource Regulatory Authority (WSRA)
sets and monitors rules and regulations.
Basin Water Resource Boards (BWRB) prepares and implements strategic
basin water resource plans. Counties are represented on the BWRB; possibly on a
rotational basis in a situation where the number of counties concerned exceeds
the available seats. Water Resource Users Associations (WRUAs) with their
current functions are established at the level of sub-basins and catchment
areas. The Bill establishes the National Water Storage Authority (NWSA)
responsible for national water works.
Water
Services: Is primarily the responsibility of the county and
inter-county governments, with the latter handling water supply systems
covering several counties. The Bill upholds ring-fencing and regulation, i.e,
what is paid for the water is used for water. Water Service Providers (WSPs)
are licensed by the Water Service Regulatory Commission (WSRC). County
Governments can take up water service provision instead of contracting
companies. On the other hand, Water Works Development Boards (WWDB) plan and
develop national water service works in consultation with the counties
concerned. There are also Water Consumer Groups (WCGs), which provide for
citizen participation in water service delivery. Currently, there are eight
Water Action Groups across the eight Water Service Boards in Kenya.
Financing:
The mandate of the WSTF (Water Sector Trust Fund) would extend to community
initiative for water conservation. Communities in hard it Counties such as
Kitui, Marsabit and Garissa should now be able to initiate community owned
water supply projects.
Dispute resolution: The Bill establishes the Water
Tribunal as a sub-ordinate court within the judiciary along the Land &
Environmental Court mandated by the CoK. This should handle water related
issues like the cross-county conflicts that have surfaced between Nairobi and
Murang’a Counties.
With
Devolution now fully running and various County Governments rolling up their
sleeves to fully serve citizens, it would be great to finalize the enactment of
the Bill for smoother transition. The pressure is already building up on many
of them to find both short and long-term solutions to insistent low water
coverage. Counties like Homa Bay and Siaya continue to have acute water
shortages inspite of being close to World’s second largest fresh-water lake and
surrounded by many permanent rivers. Counties now need a national framework to
guide their processes of formulating county-based water laws which would inform
investments and budgetary priorities; of course water is top priority for many
Counties.
With
many unmet objectives under the millennium development goal on water, a new
water law would create a good environment even as we begin discussions on the post-2015
goals on water. More than 40% of Kenyans
still do not have water and sadly, some Water Companies like the Nairobi City
Water and Sewerage Company (NCWSC) plan to make water more expensive inspite if
its scarcity and quality questions. This in itself is not in line with the
Jubilee Government’s manifesto on water which went ahead to promise Kenyans
piped tap water at their doorsteps by 2020.
The
Commission for the Implementation of the Constitution (CIC) has uploaded the
Bill on its website and there is still window for sector players’ inputs. Non
State Actors such as Kenya Water and Sanitation CSOs Network (KEWASNET) and
Water and Livelihoods Network (WALINET) have since 2012 engaged partners in
consolidating inputs through position papers and policy briefs to be presented
to the CIC and The Directorate of Water Sector Reforms. The Bill has been
officially gazetted and shall be presented to Parliament for debate.
