1.1.The Water Sector in Kenya

Kenya’s National Water Policy targets 100% access to clean water for the country’s

population by the year 2010. Current access levels are estimated at 61 % (World Bank

Development Indicators, 2006), making the achievement of this development goal a

significant challenge for the government which is also in tandem with the Millennium

Development Goals. The Country’s access to clean water and to improved sanitation

services is low compared to similar countries in Africa and other developing countries.

The situation has been aggravated by the population that has grown far beyond the

capacity of the infrastructure that has deteriorated through lack of investment. Kenya’s

population has increased fivefold from 6 million at independence to more than 35 million

in 2008. Further, the migration trends have led to a significant concentration of this

population in urban centers, many in unplanned informal settlements

Water is not only the most important factor for production but together with sanitation

(which includes disposal of effluent and excreta) is the most important factor for human

health. It is estimated that 80% of all diseases are water related, resulting in a huge bill

for health care which could be drastically reduced with improved water services. The

negative impact of insufficient water services on education and on productivity of the

population is equally huge. Thus, water is a key determining aspect for economic growth

in a country and for the wellbeing of its population.

Kenya with a population of 35 million faces enormous challenges in providing

sustainable access to safe water, sewerage systems and basic sanitation for its fast

growing population. The pace of urbanisation is increasing at a drastic pace and leads to

an increasing number of densely populated settlements of the urban poor. More than half

of the urban population live in such settlements where population growth reaches 10%

per annum and more. The high density makes living conditions especially deplorable due

to the sanitary conditions, creating a special condition of poverty. Sustainable access to

safe water is estimated at around 60% in urban and 40% in rural settings.

Access to safe water and sanitation is a universal need and a basic human right. An

insufficient access to water is not only bad for health, but also contributes to a poor food

security and a lagging social development. Many rural households have to spend hours

per day fetching water from unsecured sources where water quality is suspect. The

burden is borne by women and children for whom there is no time to attend school

regularly because of the obligation to secure water for the household. Safe water sources

in the rural setting are often not adequately managed by the users, wasting investment by

shortening the lifespan of the infrastructure.

The main reasons for the insufficiency are old infrastructure, inadequate management and

maintenance of existing infrastructure, inadequate sustainability measures, not enough

investment concentrating on the options of fast tracking access and informal service

provision operating outside a framework of basic standards and regulation.

The National Water Master Plan Aftercare Study (1998) reports that there are close to

1800 water supply systems under the management of various providers. In addition, there

are other privately owned boreholes, springs and other surface water schemes that are

also part of service provision. Sewage systems cover only 14% of the population living in

215 urban areas. In these towns most of the water supply and sewerage collection,

treatment and disposal systems have been deteriorating rapidly, and fail to meet the water

demands (both quantity and quality) of the ever increasing population.

The dilapidated infrastructure results in extremely high levels of unaccounted for water

(UFW) reaching 60% on average. Losses also include theft of water, “informal”

unauthorised and unpaid for connections as well as other mechanisms for obtaining water

without paying for it. The un-metered systems create distortions in consumer charges and

loss of revenue. Regular meter reading and billing based on actual consumption is still

not practiced.

The patterns of land use have also drastically changed from pastoral to arable farming,

leading to destruction of vital water catchments areas. In light of this, it became

imperative that the Water sector had to undergo reforms. The Government of Kenya

(GoK) has undertaken wide ranging reforms of the water sector which have been guided

by the national policy on Water Resources Management and Development (sessional

paper no 1 of 1999). The policy paper culminated with the enactment of Water Act 2002.

The Act aims at providing a harmonised and streamlined management of water resources,

water supply and sewerage services.

The Water Act 2002 was enacted to reform the water sector in Kenya. It seeks to reorganize the management of water resources in the Country for sustainable utilization. It envisages reduced role of Government in water provision and separation of roles in water resources management and service provision.

1.2. Institutional Framework

The Water Act sets up Institutions at three Policy and Regulatory levels:

National Level

The following institutions are involved in policy formulation, regulation, dispute

resolution and funding at a national level.

• The Ministry of Water and Irrigation is responsible for policy formulation through the Water Sectors Reform Steering Committee (WSRSC) and the Water Sector Reform Secretariat (WSRS).

• The Water Appeals Board (WAB) is responsible for dispute resolution.
• The Water Services Trust Fund (WSTF) will assist in financing the provision of water services to areas without capacity to develop adequate water services.

• The Water Resources Management Authority (WRMA) is responsible for management and regulation of water resources such as catchment areas, riparian way leaves, effluent disposal into rivers, etc. WRMA also issues licenses for water abstraction from any source and licenses to dispose treated effluent into the rivers.

• The Water Services Regulatory Board (WSRB) is responsible for regulation of Water and Sewerage services including maintenance of quality, standards and issuance of licenses for service provision.

Regional Leve1

The following institutions are vested with regulatory affairs at the Regional level:

• The Catchment Areas Advisory Committees (CAACs) advice on the utilization in catchment areas. CAACs report to WRMA.

• The Water Services Boards (WSBs) have the legal responsibility for the provision of Water and Sewerage services within their jurisdiction under license from the WSRB. Currently, there are eight and the Northern Water Services Board (NWSB), under which the Company falls, is one of them.

Local Level

The following institutions are involved in service provision to the consumers/customers

of such services at the local level.

• The Water Resources User Associations (WRUAs) are responsible for water resources management at a local level. WRUAs report to CAACs.

• The Water Services Providers (WSPs) are responsible for the provision of water and sewerage/sanitation service at the local level under appropriate agreements entered into with WSBs. Within Maralal and environs, the MAWASCO has been appointed by NWSB to provide water and sewerage services to its residents under an agreed framework that ensures adequate and quality supply of water, affordable tariffs, maintenance and improvement of water and sewerage infrastructure.

• The consumers and users of water and sewerage services are the ultimate customers.The institutional framework set out in the Water Act 2002 aims at ensuring that policy

• formulation, regulation, ownership of assets and service delivery roles are clearly delineated with each role being carried out by separate entities as enumerated in the below table:
• The Water Service Boards have been established to cover the whole country on the basis of the national drainage basins. Their mandate is to ensure efficient and economical provision of water and sewerage services in their areas of jurisdiction

They are however required to do this indirectly through Water Service Providers (WSPs). The Boards’ operations are guided by the National Water Services Strategy and regulated by the Water Services Regulatory Board

Below is a schematic representation of the institutional framework for the water sector under the Water Act 2002

The Water Service Boards have been established to cover the whole country on the basis of the national drainage basins. Their mandate is to ensure efficient and economical provision of water and sewerage services in their areas of jurisdiction.They are however required to do this indirectly through Water Service Providers (WSPs). The Boards’ operations are guided by the National Water Services Strategy and regulated by the Water Services Regulatory Board

Below is a schematic representation of the institutiona framework for the water sector under the Water Act 2002

1.3.Roles and Responsibilities under the NWSS in the Sub-Sector

The roles and responsibilities of these institutions are: