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Introduction to the Kenyan Water Sector and Sanitation Sub-SectorPrepared by Patrick Onyango

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

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BackgroundBackground• 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• To implement the Policy and water sector reforms, Water Act, Cap 372 was repealed and the Water Act 2002 was enacted.

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

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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 (WASREBWater Services Regulatory Board (WASREB) - ) - regulation of water services

• Eight (8) Water Services BoardsEight (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

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

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The water sector reforms The water sector reforms

The reviewed institutional set up include (Water Policy and Bill 2014): The reviewed institutional set up include (Water Policy and Bill 2014):

•Ministry of Water and Irrigation Services (State Department of WaterMinistry 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 resourcesregulation 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

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

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INSTITUTIONAL FRAMEWORK UNDER WATER ACT 2002INSTITUTIONAL FRAMEWORK UNDER WATER ACT 2002

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

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The Ministry of Water and Irrigation ServicesThe 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

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

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The Water Resources Management Authority (WRMA)The Water Resources Management Authority (WRMA)

WRMAWRMA 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

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

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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

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

The Water Resources Management Authority (WRMA)The Water Resources Management Authority (WRMA) (continued)(continued)

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The Water Services Regulatory Board (WASREBThe Water Services Regulatory Board (WASREB) )

The regulatory role of the WASREBWASREB includes:

• Issuing licenses

• Setting service standards

• Providing guidelines for setting tariffs

• Providing mechanisms for handling complaints

The responsibility for providing water and sewerage services was vested before in the eight (8) Water Service Boards (WSBs) but now to 47 Counties

The WSB are still responsible for asset development during the transition period to full devolution of water services

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

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The Water Services Boards (WSBs)The Water Services Boards (WSBs)These Boards have been established at the regional level and delineated on the basis of catchments, administrative boundaries and economic viability

WSB currently responsible for asset development only. County Governments are responsible for water supply and sanitation (sewerage +onsite) services

The old roles of the WSBs were:The old roles of the WSBs were:

1.A Regulator

As sole licensee of WASREB it shall ensure that service standards and guidelines set by WSRB are observed by WSPs (enforcement of regulation is being taken over by the Counties)

2. Manager and Operator

Maintained and adhered to by its agents the WSP, WSB had responsibility over the overall organization, supervision and administration of the water services sub-sector within its area of jurisdiction (now taken over by Counties)

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

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The Water Services Boards (WSBs) The Water Services Boards (WSBs) (continued)(continued)

The old roles of WSBs wereThe old roles of WSBs were:

3. Developer

WSB is responsible to ensure that existing facilities are properly maintained, rehabilitated and expanded and new assets established ( Counties are taking over county public works)

4. Assets Holder

WSB is expressly required to be the new owner (custodian) of Government WSS facilities/equipment, land and premises ( Counties taking over)

5. Appoints WSP

WSB appoints/contracts WSPs to operate and manage facilities and provide services in a given area (This role has been taken over by Counties)

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

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The Water Service Providers (WSPs)-County + Cross CountyThe 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

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

The WaterThe Water SectorSector Trust FundTrust 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 and

•Development of water services in the under-served poor urban areas

•Research activities in the area s of water resources management and water supply, sewerage and onsite sanitation

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Cooperating Partners of the WSTFCooperating 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

04/19/23 Phanuel Matseshe, HSC (Quality Assurance Manager)

The The ConstitutionConstitution 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 The DraftDraft Water Bill 2014 Water Bill 2014

The Ministry prepared the draft Water Bill 2014 to be in line with the Constitution of Kenya, 2010 (CoK 2010)

Water Act 2014

An Act of Parliament to provide for water management and development for water and sewerage services and repeal of the Water Act 2002

The Bill has gone through two readings in the National Assembly and is to be enacted in 2015

The Water Bill 2014 Water Bill 2014 provides for the right of every Kenyan to safe water and sanitation (CoK 2010, Bill of Rights)!!

Thank Thank YouYou for Your Attention for Your Attention