Understanding the County

Water Function
Ombaka Vincent
Development Policy & Research Consultant

Discussion Issues

Objectives of the Water Bill 2014

Institutional Set up of the Water Sector
Division of functions under the Constitution
Functions already transferred to the County Governments
The Definition of National Water works
The Functions of a National Water Service Regulator
The Future of Water Service Boards

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Objectives of Water Legislation 2014

Draft Water policy 2012

Constitution of Kenya 2010
water as a right: defining duty bearers
Devolution of water services: Separation of Water Resource
Management and Water Supply and Sanitation

Devolution of functions to the lowest appropriate level

Public Private Partnerships
Rural/Urban Water Service Provision
Catchment area protection
Ring fencing of revenue from water resource use

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Comparison of Institutions
Water Act 2002

Water Bill 2014

Water Resources Management

Authority

Water Resources Regulatory Authority

Catchment Area Advisory Committees

Basin Water Resources Committee

Water Resource Use Associations

Water Resource User Associations

Water Services Regulatory Board

Water Services Regulatory Authority

Water Service Board

Water Works Development Boards;

County Government

Water Service Providers

Water Service Providers

Water Appeals Board

Water Tribunal

Water Services Trust Fund

Water Sector Trust Fund

National Water Conservation and

Pipeline Corporation

National Water Harvesting and Storage

Authority

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Change in Institutions under the Water Bill2014

Institution

Changes

Basin Area Committees/

CAAC

Representation form the County Government

Water Services Regulatory

Authority/ WASREB

Main role is consumer protection

Accreditation instead of licencing

Water Works Development

Boards/ WSB

Design and construction of water works in the

County

National Water Harvesting

and Storage
Authority/NWCPC

National water works for storage

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Division of functions under the Constitution of Kenya 2010

National Government

County Government

National public works

County public works and services,

including
(a) storm water management systems in
built-up areas; and
(b) water and sanitation services

Definition: we do not know what is, but

from the definition of County Public
Works we know what it is not
Protection of the environment and
natural resources with a view to
establishing a durable and sustainable
system of development, including, in
particular
(c) water protection, securing sufficient
residual water, hydraulic engineering
and the safety of dams;

Implementation of specific national

government policies on natural
resources and environmental
conservation, including
(a) soil and water conservation

National Land Commission: Constitution

Art. 62 (2 ,i), (3)?
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Kenya Gazette Supplement No. 116 of 9th August, 2013

Soil Water
Conservation
(National Policy
Implementation)

County Public Works

Water and Sanitation Services

implementation of
county specific water
conservation
policies through
water resource users

designing, documentation,
post contracting, project
management of
construction and
maintenance of public
buildings and other
infrastructural
services.

rural water and

sanitation services, provision of
water and sanitation
service in small and medium
towns without formal service
providers

water pollution
control

water harvesting (specific to

counties),

borehole site
identification and
drilling

urban water and sanitation

services with formal service
provision including water,
sanitation and sewerage
companies

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Definition of National Water Works in the

Water Bill 2014

Section 2 Definition
"national public water works" includes storage, water
works bulk distribution and provision of water services,
inter-basin water transfer facilities, as well as reservoirs
for impounding surface run-off and for regulating
stream flows to synchronize them with water demand
patterns which are of strategic or national importance;

Observations
National Public Works is not defined
What is strategic or national importance?
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Definition of National Water Works Cont.

Strategic or National Importance
"national importance" means a facility whose status, use and
benefit is for the entire country's socio-economic
development
"strategic importance" means a facility whose status, use and
benefit is strategic to the whole country's socio-economic
development

The Challenge of constructive ambiguity

What does not affect the entire or whole Countrys socioeconomic development?
What parameters are used to define the distinction?

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Definition of National Water Works Cont.

Section 8:
A national public water works means a water works which has
been designated by the Cabinet Secretary, by notice published
in the Gazette, as a national public water works on account of
its national or strategic importance, or the cross county nature
of the water resource on which it depends.

Possible Conclusion
A National Public Water Works is any water works designated
by the Cabinet Secretary as a National Public Water Works
Purpose: cross county water transfer; storage; bulk
distribution; surface-run off; stream flow regulation; inter-basin
water transfer
Implication on budgets, planning and implementation
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Definition of National Water Works

Conflict
National Water Works Definition

County Government Function

reservoirs for impounding surface

run-off

water harvesting (specific to

counties),

water works bulk distribution and

provision of water services

water and sanitation services

regulating stream flows

storm water management systems

in built-up areas

Does stream flow comprise surface

run off?

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Definition of National Water Works Cont.

National Water Works definition may entail:

Inter-basin water transfer facilities with a cross county
jurisdiction
National Importance delimited to national health,
economic or security interests
The approval of County Governments affected
Mechanisms for access and benefit sharing

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The Future of Water Service Boards

Report of The Presidential Taskforce on Parastatal
Reforms (2013) p98:
There is scope for transfer of the [Water Service]
Boards to the counties served as joint authorities under
Article 189 (2) of the Constitution that provides for
cooperation through joint committees and
authorities. the national government and county
governments should hold consultations on the future of
Water Services Boards

Transfer of assets, liabilities and staff to respective

County Governments
Cross-county issues to be handled by joint
committees or the Basin Water Resources Committee
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Take home for Counties

Check points for county water bill

Institutional set up; including adoption of seconded staff

Water user models; company, private, community based
Permits/Licenses
Charges and regulation
County Water Works
Sanitation
Implementation of specific national policies
Joint management authorities

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Further Discussion
Observations
Corrections
Recommendations

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