Constitutional Context:

The 2010 Constitution of Kenya underscores the importance of clean water access as a basic human right, assigning responsibility for water supply and sanitation to the newly established counties. The 2016 Water Act aims to harmonize the water sector with constitutional principles, emphasizing devolution.

Key Provisions:

• Water Tribunal: Expanded to handle disputes with more members in various locations.
• Water Sector Trust Fund (WSTF): Funding expanded from various sources including the national budget, county government, equalization fund, donations, and grants.
• National Water Storage Authority (NWSA): Manages national public water works for water resource management and flood control.
• Water Resource Management:
  • Water Resources Authority (WRA): Formulates and enforces standards, issues abstraction permits, and collects water use fees.
  • Basin Water Resource Committee (BWRC): Replaces regional committees, managing catchments and facilitating stakeholder participation.
  • Water Resource User Associations (WRUAs): Community-based associations for collective water resource management.
• Implications for the Private Sector:
  • Provides forums for private sector participation in water resource management.
  • Devolution may impact commercial financing of Water Service Providers (WSPs).
• Water Supply and Sewerage Services:
  • Water Services Regulatory Board (WASREB): Approves tariffs, monitors and enforces standards, and issues licenses to WSPs.
  • Water Works Development Agencies (WWDAs): Manages national public water works, supporting county governments in their duties.
  • Water Services Providers (WSPs): Now under the responsibility of county governments, mandated to provide water services within specified areas.
• Public-Private Partnerships (PPPs):
  • The Act allows WSPs to engage in partnerships with public or private entities, subject to regulatory board approval. The mandates of county and national governments are clarified for PPPs.
• Ownership and Management Transfer:
  • The Act outlines the transfer of national public works from WWDAs to county governments, joint committees, or authorities, ensuring continued support from the national government.

Conclusion:

The Water Act of 2016 establishes a comprehensive framework for water resource management, reflecting Kenya’s commitment to constitutional principles and devolution. The Act defines roles, encourages stakeholder participation, and addresses implications for both the public and private sectors, providing a robust foundation for sustainable water governance.