Evolution of the Kenyan Water Sector: Reforms and Innovations

 
1
 
 
 
 
 
  
Introduction to the
     Kenyan Water Sector and Sanitation Sub-Sector
 
2
 
        Background
        Background
 
Before 1974, water was managed  by  the 
Department  of Water Development
(DWD) which was  housed  in  various ministries including Public Works,
Natural Resources and Agriculture.
In 1974  the  Government  upgraded  the DWD in Ministry of Agriculture’s  into
a full 
Ministry of Water.
In 1999 the Ministry developed a National Water Policy (Sessional Paper No. 1
of 1999), which was adopted by Parliament in April, 1999 to provide  the  policy
direction on  Water  Resources Management  and  Development.
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To implement the Policy and water sector  reforms, Water Act, Cap 372 was
repealed and the Water  Act  2002  was  enacted.
 
3
 
The water sector reforms
The water sector reforms
 
The Water Act 2002 was gazetted in 2003 and implementation began in 2004
During 2004 to 2005, new  institutions  were  established  and  given  legal
mandates  according  to  the  Act
 
These institutions include the:
Water Services Regulatory Board (WASREB
Water Services Regulatory Board (WASREB
) - 
) - 
regulation of water services
Eight (8) Water Services Boards
Eight (8) Water Services Boards
 
(WSBs) 
(WSBs) 
- asset holding and development
Water Services Trust Fund (WSTF)
Water Services Trust Fund (WSTF)
 
 
- pro-poor basket fund of water sector
Water Resources Management Authority (WRMA) 
Water Resources Management Authority (WRMA) 
- WRM and development
 
Water Service Providers (WSPs) 
Water Service Providers (WSPs) 
- provision of Water Services
- provision of Water Services
 
The transfer plan was approved in July, 2005 and the 
Ministry of Water and
Irrigation
 initiated the transfer of mandates, assets and personnel to the new
institutions
 
4
 
The water sector reforms
The water sector reforms
 
The reviewed  institutional set up includes (Water Act 2016):
The reviewed  institutional set up includes (Water Act 2016):
 
Ministry of Water and Irrigation Services (State Department of Water
Ministry of Water and Irrigation Services (State Department of Water
) 
- 
policy
policy
formulation, coordination (Ministry re-created in 2015)
formulation, coordination (Ministry re-created in 2015)
Water Services Regulatory Board 
Water Services Regulatory Board 
(
WASREB) 
WASREB) 
- regulation of water services
- regulation of water services
Water Works Development Agency 
Water Works Development Agency 
-
-
 
 
asset development (national)
asset development (national)
Water Sector Trust Fund (WSTF) 
Water Sector Trust Fund (WSTF) 
- pro-poor basket fund of water sector
- pro-poor basket fund of water sector
Water Resources  Authority (WRA) 
Water Resources  Authority (WRA) 
-
-
 
 
regulation of water resources
regulation of water resources
Water Resources Basin Committees 
Water Resources Basin Committees 
- management and development water
- management and development water
resources with  Water  Resources  Users Associations (WRUAs)
resources with  Water  Resources  Users Associations (WRUAs)
Water Service Providers (WSPs) 
Water Service Providers (WSPs) 
- provision of Water Services with county
- provision of Water Services with county
government (county or cross county)
government (county or cross county)
Water Harvesting and Storage Authority 
Water Harvesting and Storage Authority 
- water storage and flood control
- water storage and flood control
Kenya Water Institute (KEWI) 
Kenya Water Institute (KEWI) 
- training and research
- training and research
 
 
 
6
The Ministry of Water and Irrigation Services
The Ministry of Water and Irrigation Services
 
 
The core functions  of  the Ministry are:
 
Water Resources Management Policy
Water Catchment Area Conservation, Control and Protection
Water  and  Sewerage  Services Policy
Water  Quality  and  Pollution Control Policy
Waste Water Treatment and Disposal Policy
Flood Control and Land Reclamation/Regional Development Policy
Dam Construction and Management
Onsite Sanitation Management
Management of Public Water Schemes & Community Water Projects
 
7
The Water Resources Management Authority (WRMA)
The Water Resources Management Authority (WRMA)
 
 
 
 
 
 
 
 
WRMA
WRMA
  is  charged  with responsibility for:
 Managing, (this will go to Basin Water Resource Committees + WRUAs)
 Regulation
 Protecting (this will go to Basin Water Resource Committees +WRUAs)
 Apportioning
  and
 Conserving 
water  resources, including trans-boundary+ sea waters
 
 
 
8
 
 
 
 
 
For  WRMA  to  achieved  its mandate, the  country  is divided into the
following six regions:
Lake Victoria North Catchment
•  Lake Victoria South Catchment
•  Rift Valley Catchment
•  Athi Catchment
•  Tana Catchment
•  Ewaso Nyiro North Catchment
 
Catchment Area Advisory Committees (CAACs)
  work  is  to  help  the
WRMA  in  water  and  environmental conservation activities through the
regional managers
The Water Resources Management Authority (WRMA)
The Water Resources Management Authority (WRMA)
(continued)
(continued)
 
9
The Water Services Regulatory Board (WASREB
The Water Services Regulatory Board (WASREB
)
)
 
 
 
 
 
The regulatory role of the 
WASREB
WASREB
 includes:
 
Issuing licenses
 Setting service standards
 Providing guidelines for setting tariffs
 Providing mechanisms for handling complaints
The  responsibility  for  providing water  and sewerage services is vested
to the 47 Counties
 
The Water Service Boards (WSBs) are still responsible for asset
development during the transition  period  to full devolution  of water
services. In the previous Water Act 2002,their roles were regulators,
managers, operators, developers of assets and appointers of WSPs.
 
10
The Water Service Providers (WSPs)-County + Cross
The Water Service Providers (WSPs)-County + Cross
County
County
 
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 The key responsibilities of the WSP are:
Provision of water services within the area
     specified  in the license
 
Operation, maintenance and  development
     of County assets for water service provision
 
Complying with quality standards and service
      levels
Billing and revenue collection
 
9/7/2024
 
Phanuel Matseshe, HSC (Quality Assurance
Manager)
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The objectives of the proposed 
Water Sector Trust Fund
 (
which is supposed
to replace the Water Services Trust Fund
) is to assist in the financing water
resources management and development of water services for poor
including:
 
Community level initiative for the sustainable management of water
resources
Development of water services in rural areas considered commercially
unviable for provision of water services by licensees
Development of water services in the under-served poor urban areas
Research  activities in the areas of water resources  management  and
water supply, sewerage and  onsite sanitation
 
 
 
 
 
12
Cooperating Partners of the WSTF
Cooperating Partners of the WSTF
 
The cooperating partners of the WSTF include the following:
Government of Kenya
GIZ (German International Cooperation)
KfW (German Development Bank)
Bill and Melinda Gates Foundation
European Union
Sida (Government of Sweden)
Danida (Government of Denmark)
UNICEF (United Nations Children's Fund)
WSP (Water Sector Programme of the World Bank)
AfDB (African Development Bank)
K-Rep Bank
 
 
9/7/2024
 
Phanuel Matseshe, HSC (Quality Assurance
Manager)
The 
The 
Constitution
Constitution
 of Kenya 2010
 of Kenya 2010
 
 
The Constitution of Kenya (CoK) 2010 establishes two forms of government:
Central Government 
(responsible for water resources conservation and
management)
County Government 
(responsible  for water  supply,  sewerage  and onsite
sanitation service provision)
 
The constitutions delineates services that will be provided at the two levels of
government and provision of water and sanitation services is the role of the
County Governments
The Water Act 2016
The Water Act 2016
 
 
It is an 
Act of Parliament 
to provide for water management and development of
water and sewerage services and repeal of the Water Act 2002
 
The Water Act 2016 has now been enacted and awaits operationalization.
 
The 
Water Act 2016 
Water Act 2016 
provides for the 
right of every Kenyan to safe water and
sanitation
  (CoK 2010, Bill of Rights)!!
 
 
Thank You for Your Attention
Thank You for Your Attention
 
Slide Note

P. Matseshe, QAM

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The Kenyan water sector has undergone significant reforms and institutional changes over the years. Beginning with the establishment of the Ministry of Water in 1974, followed by the enactment of the Water Act 2002 and subsequent reforms, new institutions such as WASREB, WSBs, WRMA, and WSPs were created to regulate, manage, and provide water services. The institutional setup was further reviewed in 2016, emphasizing policy formulation, asset development, regulation, and provision of water services. These initiatives aim to enhance water resource management and development in Kenya.

  • Kenyan Water Sector
  • Water Sector Reforms
  • Institutional Setup
  • Water Management
  • Policy Formulation

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  1. Kenyan Water Sector and Sanitation Sub-Sector Introduction to the 1

  2. Background Before 1974, water was managed by the Department of Water Development (DWD) which was housed in various ministries including Public Works, Natural Resources and Agriculture. In 1974 the Government upgraded the DWD in Ministry of Agriculture s into a full Ministry of Water. In 1999 the Ministry developed a National Water Policy (Sessional Paper No. 1 of 1999), which was adopted by Parliament in April, 1999 to provide the policy direction on Water Resources Management and Development. The Policy induced the water sector reforms, moved Ministry from direct service provision to policy formulation, resource mobilization and coordination functions. Regulation of water services and Water Resource management were also made as separate functions. To implement the Policy and water sector reforms, Water Act, Cap 372 was repealed and the Water Act 2002 was enacted. 2

  3. The water sector reforms The Water Act 2002 was gazetted in 2003 and implementation began in 2004 During 2004 to 2005, new institutions were established and given legal mandates according to the Act These institutions include the: Water Services Regulatory Board (WASREB) - regulation of water services Eight (8) Water Services Boards (WSBs) - asset holding and development Water Services Trust Fund (WSTF) - pro-poor basket fund of water sector Water Resources Management Authority (WRMA) - WRM and development Water Service Providers (WSPs) - provision of Water Services The transfer plan was approved in July, 2005 and the Ministry of Water and Irrigation initiated the transfer of mandates, assets and personnel to the new institutions 3

  4. The water sector reforms The reviewed institutional set up includes (Water Act 2016): Ministry of Water and Irrigation Services (State Department of Water) - policy formulation, coordination (Ministry re-created in 2015) Water Services Regulatory Board (WASREB) - regulation of water services Water Works Development Agency - asset development (national) Water Sector Trust Fund (WSTF) - pro-poor basket fund of water sector Water Resources Authority (WRA) - regulation of water resources Water Resources Basin Committees - management and development water resources with Water Resources Users Associations (WRUAs) Water Service Providers (WSPs) - provision of Water Services with county government (county or cross county) Water Harvesting and Storage Authority - water storage and flood control Kenya Water Institute (KEWI) - training and research 4

  5. The Ministry of Water and Irrigation Services The core functions of the Ministry are: Water Resources Management Policy Water Catchment Area Conservation, Control and Protection Water and Sewerage Services Policy Water Quality and Pollution Control Policy Waste Water Treatment and Disposal Policy Flood Control and Land Reclamation/Regional Development Policy Dam Construction and Management Onsite Sanitation Management Management of Public Water Schemes & Community Water Projects 6

  6. The Water Resources Management Authority (WRMA) WRMA is charged with responsibility for: Managing, (this will go to Basin Water Resource Committees + WRUAs) Regulation Protecting (this will go to Basin Water Resource Committees +WRUAs) Apportioning and Conserving water resources, including trans-boundary+ sea waters 7

  7. The Water Resources Management Authority (WRMA) (continued) For WRMA to achieved its mandate, the country is divided into the following six regions: Lake Victoria North Catchment Lake Victoria South Catchment Rift Valley Catchment Athi Catchment Tana Catchment Ewaso Nyiro North Catchment Catchment Area Advisory Committees (CAACs) work is to help the WRMA in water and environmental conservation activities through the regional managers 8

  8. The Water Services Regulatory Board (WASREB) The regulatory role of the WASREB includes: Issuing licenses Setting service standards Providing guidelines for setting tariffs Providing mechanisms for handling complaints The responsibility for providing water and sewerage services is vested to the 47 Counties The Water Service Boards (WSBs) are still responsible for asset development during the transition period to full devolution of water services. In the previous Water Act 2002,their roles were regulators, managers, operators, developers of assets and appointers of WSPs. 9

  9. The Water Service Providers (WSPs)-County + Cross County WSP is defined as a company, non-governmental organization or other organization providing water services under and in accordance with an agreement with a licensee (the Water Services Regulatory Board) The key responsibilities of the WSP are: Provision of water services within the area specified in the license Operation, maintenance and development of County assets for water service provision Complying with quality standards and service levels Billing and revenue collection Phanuel Matseshe, HSC (Quality Assurance Manager) 9/7/2024 10

  10. The Water Sector Sector Trust Fund The objectives of the proposed Water Sector Trust Fund (which is supposed to replace the Water Services Trust Fund) is to assist in the financing water resources management and development of water services for poor including: Community level initiative for the sustainable management of water resources Development of water services in rural areas considered commercially unviable for provision of water services by licensees Development of water services in the under-served poor urban areas Research activities in the areas of water resources management and water supply, sewerage and onsite sanitation

  11. Cooperating Partners of the WSTF The cooperating partners of the WSTF include the following: Government of Kenya GIZ (German International Cooperation) KfW (German Development Bank) Bill and Melinda Gates Foundation European Union Sida (Government of Sweden) Danida (Government of Denmark) UNICEF (United Nations Children's Fund) WSP (Water Sector Programme of the World Bank) AfDB (African Development Bank) K-Rep Bank Phanuel Matseshe, HSC (Quality Assurance Manager) 9/7/2024 12

  12. The Constitution of Kenya 2010 The Constitution of Kenya (CoK) 2010 establishes two forms of government: Central Government (responsible for water resources conservation and management) County Government (responsible for water supply, sewerage and onsite sanitation service provision) The constitutions delineates services that will be provided at the two levels of government and provision of water and sanitation services is the role of the County Governments

  13. The Water Act 2016 It is an Act of Parliament to provide for water management and development of water and sewerage services and repeal of the Water Act 2002 The Water Act 2016 has now been enacted and awaits operationalization. The Water Act 2016 provides for the right of every Kenyan to safe water and sanitation (CoK 2010, Bill of Rights)!!

  14. Thank You for Your Attention

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