Water Act
This Act may be cited as the Water Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 372
- Version
- 24 Dec 2024
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Water Act. Text lists entities at the national government level: "a state department, agency or state corporation which intends to have its functions undertaken by a private party; or" States that the purpose of the Act is to provide for the regulation, management and development of water resources and water and sewerage services in line with the Constitution. The Cabinet Secretary, the Authority, the Regulatory Board, county governments and any person administering or applying this Act must be guided by the principles and values set out in Articles 10, 43, 60 and 232 of the Constitution. The Cabinet Secretary must formulate a National Water Resource Strategy within one year of commencement and every five years thereafter following public participation; the Cabinet Secretary must also review the Strategy every three years.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Water Act
Showing 159 of 159
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title
This Act may be cited as the Water Act.
Section 1. Short title Section This Act may be cited as the Water Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Text lists entities at the national government level: "a state department, agency or state corporation which intends to have its functions undertaken by a private party; or"
Section 2. Interpretation Section at the national government level, a state department, agency or state corporation which intends to have its functions undertaken by a private party; or - 3 Verify source ↗
PRELIMINARY - 3. Purpose of the Act
States that the purpose of the Act is to provide for the regulation, management and development of water resources and water and sewerage services in line with the Constitution.
Section 3. Purpose of the Act Section The purpose of this Act is to provide for the regulation, management and development of water resources and water and sewerage services in line with the Constitution. - 4 Verify source ↗
PRELIMINARY - 4. Principles
The Cabinet Secretary, the Authority, the Regulatory Board, county governments and any person administering or applying this Act must be guided by the principles and values set out in Articles 10, 43, 60 and 232 of the Constitution.
Section 4. Principles Section The Cabinet Secretary, the Authority, the Regulatory Board, county governments and any person administering or applying this Act shall be guided by the principles and values set out in Articles 10, 43, 60 and 232 of the Constitution.
Part II
OWNERSHIP, USE AND MANAGEMENT OF WATER RESOURCES
- 10 Verify source ↗
OWNERSHIP, USE AND MANAGEMENT OF WATER RESOURCES - 10. National Water Resource Strategy
The Cabinet Secretary must formulate a National Water Resource Strategy within one year of commencement and every five years thereafter following public participation; the Cabinet Secretary must also review the Strategy every three years.
Section 10. National Water Resource Strategy Section 10(1) The Cabinet Secretary shall, within one year of the commencement of this Act and every five years thereafter, following public participation, formulate a National Water Resource Strategy. Section 10(2) The object of the National Water Resource Strategy shall be to provide the Government's plans and programs for the protection, conservation, control and management of water resources. Section 10(3)(a) existing water resources and their defined riparian areas; Section 10(3)(b) measures for the protection, conservation, control and management of water resources and approved land use for the riparian area; Section 10(3)(c) minimum water reserve levels at national and county levels; Section 10(3)(d) institutional capacity for water research and technological development; Section 10(3)(e) functional responsibility for national and county governments in relation to water resources management; and Section 10(3)(f) any other matters the Cabinet Secretary considers necessary. Section 10(4)(a) prepare and issue an annual report on the state of national water resource strategies in Kenya; and Section 10(4)(b) may direct any lead agency to prepare and submit to it a report on the state of national water resources under the administration of that lead agency. Section 10(5) The Cabinet Secretary shall review the National Water Resource Strategy every three years. - 5 Verify source ↗
OWNERSHIP, USE AND MANAGEMENT OF WATER RESOURCES - 5. Ownership of water resources
All water resources are vested in and held by the national government in trust for the people of Kenya.
Section 5. Ownership of water resources Section Every water resource is vested in and held by the national government in trust for the people of Kenya. - 6 Verify source ↗
OWNERSHIP, USE AND MANAGEMENT OF WATER RESOURCES - 6. Regulation of the management and use of water resources
The Authority established in section 11 shall serve as an agent of the national government and regulate the management and use of water resources.
Section 6. Regulation of the management and use of water resources Section The Authority established in section 11 shall serve as an agent of the national government and regulate the management and use of water resources. - 7 Verify source ↗
OWNERSHIP, USE AND MANAGEMENT OF WATER RESOURCES - 7. Rights to water resources
From commencement, no conveyance, lease or other instrument may transfer any property, right, interest or privilege in any water resource to any person except as prescribed under the Act.
Section 7. Rights to water resources Section Upon the commencement of this Act, no conveyance, lease or other instrument shall convey, assure, demise, transfer or vest in any person any property, right, interest or privilege in respect of any water resource except as may be prescribed under this Act. - 8 Verify source ↗
OWNERSHIP, USE AND MANAGEMENT OF WATER RESOURCES - 8. National Public Water Works
Section 8 establishes criteria and special rules for national public water works, including that such works for domestic use take precedence over others (subject to an inter-basin permit), the Cabinet Secretary may construct necessary works after reasonable notice, the Government must pay compensation on just terms to affected landowners, and the Cabinet Secretary must make Regulations to implement construction and compensation provisions.
Section 8. National Public Water Works Section 8(1)(a) the water resource on which it depends is of a cross county in nature; Section 8(1)(b) it is financed out of the national government's share of national revenue pursuant to the provisions of the Public Finance Management Act (Cap. 412A); Section 8(1)(c) it is intended to serve a function of the national government; or Section 8(1)(d) it is intended to serve a function which, by agreement between the national and county government, has been transferred to the national government. Section 8(2)(a) water storage; Section 8(2)(b) water works for bulk distribution and provision of water services; Section 8(2)(c) inter-basin water transfer facilities; and Section 8(2)(d) 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. Section 8(3) A national public water works for domestic use shall, subject to the acquisition of a permit from the Authority in case of inter basin water transfer, take precedence over all other water works for the use of water or the drainage of land. Section 8(4) Subject to the Land Act (Cap. 280) land required for national public water works may be acquired in any manner provided by law for the acquisition of land for public purposes. Section 8(5) The Cabinet Secretary may, after reasonable notice to any landholder concerned, cause to be constructed and maintained upon any land such works as the Cabinet Secretary may consider necessary for the purposes of any national public water works. Section 8(6) Compensation on just terms shall be payable by the Government to the owner of the land on which any such works are constructed, but in assessing the amount of compensation payable, the Cabinet Secretary shall take into consideration any benefit accruing to the land by the construction of the works and any adverse effect on the land caused by the works, as the case may be. Section 8(7) The Cabinet Secretary shall make Regulations for the better carrying into effect of subsections (5) and (6). - 9 Verify source ↗
OWNERSHIP, USE AND MANAGEMENT OF WATER RESOURCES - 9. Administration of National Water Resources
Every person has the right to access water resources; administration of those resources is a function of the national government as set out in the Fourth Schedule to the Constitution.
Section 9. Administration of National Water Resources Section Every person has the right to access water resources, whose administration is the function of the national government as stipulated in the Fourth Schedule to the Constitution.
Part III
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES
- 11 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 11. Establishment of the Authority
Establishes the Water Resources Authority and lists powers including suing and being sued; acquiring and disposing of property; and performing acts necessary to discharge its functions.
Section 11. Establishment of the Authority Section 11(1) There is established the Water Resources Authority. Section 11(2)(a) suing and being sued; Section 11(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; and Section 11(2)(c) doing or performing all such other things or acts for the proper discharge of its functions under this Act and any other written law as may be lawfully done or performed by a body corporate. - 12 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 12. Functions of the Authority
The Authority must formulate and enforce standards, procedures and regulations for managing and using water resources and flood mitigation.
Section 12. Functions of the Authority Section formulate and enforce standards, procedures and Regulations for the management and use of water resources and flood mitigation; - 13 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 13. Powers of the Authority
The Authority has all powers necessary to carry out its functions and specific powers including funding, information management, compliance monitoring, issuing inter-basin transfer permits, and delegating regulatory functions to basin committees.
Section 13. Powers of the Authority Section 13(1) The Authority shall have all the powers necessary for the execution of its functions under this Act. Section 13(2)(a) source and receive funding for the activities of the Authority; Section 13(2)(b) collect, analyze and disseminate information on water resources; Section 13(2)(c) monitor compliance by water users with the conditions of permits and the requirements of the Act; Section 13(2)(d) issue permits for inter-basin water transfer; and Section 13(2)(e) delegate regulatory functions to the basin water resource committees provided for under section 25 . - 14 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 14. Management Board
Section 14 establishes the Management Board composition and appointment authorities: the President appoints the chairperson; certain Principal Secretaries (or their representatives) and the Chief Executive Officer are members; four other members are appointed by the Cabinet Secretary; the Chief Executive Officer is an ex officio member with no voting rights; chairperson and members must hold relevant professional qualifications and be appointed after an open and competitive recruitment process; the First Schedule governs membership and procedure.
Section 14. Management Board Section 14(1)(a) a chairperson, who shall be appointed by the President; and Section 14(1)(b) the Principal Secretary responsible for matters relating to finance or his representative; Section 14(1)(c) the Principal Secretary responsible for matters relating to water or his representative; Section 14(1)(d) the Principal Secretary responsible for matters relating to the environment or his representative; Section 14(1)(e) the Principal Secretary responsible for matters relating to land or his representative; Section 14(1)(f) four other members, who shall be appointed by the Cabinet Secretary; and Section 14(1)(g) the Chief Executive Officer. Section 14(2) The Chief Executive Officer shall be an ex officio member of the Management Board with no voting rights. Section 14(3) The chairperson and members of the Management Board shall hold relevant professional qualifications and experience and shall be appointed following an open and competitive recruitment process. Section 14(4) The First Schedule has effect with respect to the membership and procedure of the Management Board. - 15 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 15. General duties and responsibilities of the Management Board
The Management Board must secure continuing improvements in performance.
Section 15. General duties and responsibilities of the Management Board Section securing continuing improvements performance; - 16 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 16. Powers of the Management Board
The Management Board has all powers necessary to perform the Authority's functions, including specified powers such as administering assets, protecting assets, determining expenditure provisions, receiving funds, investing funds, delegating powers, and undertaking necessary activities.
Section 16. Powers of the Management Board Section 16(1) The Management Board shall have all powers necessary for the proper performance of the functions of the Authority under this Act. Section 16(2)(a) administer the assets of the Authority in such manner as best promotes the purpose for which the Authority is established; Section 16(2)(b) ensure protection, where necessary, of the assets and developments of the Authority; Section 16(2)(c) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Authority; Section 16(2)(d) receive any grants, gifts, donations or endowments and make legitimate disbursements there from; Section 16(2)(e) invest any funds of the Authority not immediately required for its purposes; Section 16(2)(f) delegate any of its powers; and Section 16(2)(g) undertake any activity necessary for the fulfilment of any of the functions of the Authority. - 17 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 17. Chief Executive Officer
The Cabinet Secretary must, on the Management Board's recommendation, appoint a Chief Executive Officer; the Chief Executive Officer is the accounting officer, has specific management functions, and holds office for five years with eligibility for one further term upon exemplary performance.
Section 17. Chief Executive Officer Section 17(1) The Cabinet Secretary shall, on the recommendation of the Management Board, appoint a Chief Executive Officer of the Authority on such terms and conditions as may be specified in the instrument of appointment. Section 17(2)(a) is a citizen of Kenya; Section 17(2)(b) holds a degree from a university recognized in Kenya; Section 17(2)(c) has at least ten years' relevant work experience with at least five years' in a senior management position either in a public service or private sector organization; and Section 17(2)(d) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution. Section 17(3) The Chief Executive Officer is the accounting Officer of the Authority. Section 17(4)(a) implementation of the decisions of the Management Board; Section 17(4)(b) day to day management of the affairs of the Management Board; Section 17(4)(c) organization and management of the employees; and Section 17(4)(d) any other function that may be assigned by the Management Board. Section 17(5) The Chief Executive Officer shall hold office for a term of five years and is eligible for re-appointment for one further term upon exemplary performance. - 18 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 18. Removal of the Chief Executive Officer
The Chief Executive Officer may be removed from office by the Cabinet Secretary on the recommendation of the Management Board and in accordance with the terms and conditions of service.
Section 18. Removal of the Chief Executive Officer Section The Chief Executive Officer may be removed from office by the Cabinet Secretary on the recommendation of the Management Board, in accordance with the terms and conditions of service. - 19 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 19. Employees of the Authority
The Authority may appoint additional employees it considers necessary; the Cabinet Secretary responsible for public service shall determine their terms and conditions on the advice of the Salaries and Remuneration Commission.
Section 19. Employees of the Authority Section 19(1) The Authority may appoint such other employees as it may consider necessary for performance of its functions under this Act. Section 19(2) The terms and conditions of service of the employees of the Authority shall be determined by the Cabinet Secretary responsible for public service on the advice of the Salaries and Remuneration Commission. - 20 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 20. Classification of water resources and determination of quality objectives
The Authority must set criteria to classify water resources to determine quality objectives; State organs must give effect to those objectives when exercising statutory powers or duties.
Section 20. Classification of water resources and determination of quality objectives Section 20(1) The Authority shall prescribe the criteria for classifying water resources for the purpose of determining water resources quality objectives for each class of water resource. Section 20(2)(a) trans-boundary considerations; Section 20(2)(b) strategic functions served by the water resource; Section 20(2)(c) the use or potential for use of the water resource for inter-basin transfers; Section 20(2)(d) ecological functions of the water resource; and Section 20(2)(e) vulnerability to degradation or depletion and other related factors. Section 20(3)(a) classify each water resource in accordance with the prescribed classification criteria; Section 20(3)(b) specify the resource quality objectives for a water resource of the class to which it belongs; and Section 20(3)(c) specify the requirements for achieving the objectives, and the dates from which the objectives will apply. Section 20(4) All State organs shall when exercising any statutory power or performing any statutory duty, take into account and give effect to the resource quality objectives determined under this section in respect of a water resource. - 21 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 21. National Monitoring and Information System
The Authority must establish a national monitoring and geo-referenced information system on water resources; the Authority may require persons to provide information, documents, samples or materials related to that system within a reasonable time or regularly.
Section 21. National Monitoring and Information System Section 21(1) The Authority shall ensure that there is in place a national monitoring and geo referenced information system on water resources. Section 21(2) The Authority may require any person, within a reasonable time or on a regular basis, to provide it with specified information, documents, samples or materials in relation to the system referred to in subsection (1). Section 21(3)(a) have access to any specific information contained in any national information system; and Section 21(3)(b) be supplied with a copy of any document contained in the information system which is accessible to the public. - 22 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 22. Protection of catchment areas
The Authority may, by Order published in the Gazette and where satisfied special measures are necessary to conserve a vulnerable water resource, declare a catchment area a protected area; and may impose requirements or regulate or prohibit conduct or activities in or in relation to the protected catchment area as it considers necessary for protection.
Section 22. Protection of catchment areas Section 22(1) Where the Authority is satisfied that in order to conserve a vulnerable water resource, special measures are necessary for the protection of a catchment area or a part thereof, it may by Order published in the Gazette declare such catchment area to be a protected area. Section 22(2) The Authority may impose such requirements or regulate or prohibit such conduct or activities, in or in relation to the protected catchment area as the Authority may consider necessary for the protection of the area and its water resources. - 23 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 23. Conservation of ground water
The Authority may impose requirements or prohibit activities in a groundwater conservation area for conserving ground water; the Cabinet Secretary may make Regulations to implement the section.
Section 23. Conservation of ground water Section 23(1)(a) the protection of public water or water supplies used for industry, agriculture or other private purposes; Section 23(1)(b) the conservation of the water resources of the aquifer of the ground water resources; or Section 23(1)(c) ecological reasons, it may by Order published in the Gazette , declare the area to be a ground water conservation area. Section 23(2) The Authority may impose such requirements or prohibit such conduct or activities in relation to a groundwater conservation area as it may consider necessary for the conservation of the ground water. Section 23(3) The Cabinet Secretary may make Regulations for the better carrying into effect of this section. - 24 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 24. Basin areas
The Authority must, after consulting the Cabinet Secretary and by notice in the Gazette, designate defined areas draining into a watercourse as basin areas; the Authority may designate sub-basins within basin areas.
Section 24. Basin areas Section 24(1) The Authority shall in consultation with the Cabinet Secretary by notice published in the Gazette , designate a defined area from which rain water flows into a watercourse to be a basin area for the purposes of this Act. Section 24(2) The Authority may designate a basin area lying wholly or partly within another basin area as a sub-basin. - 25 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 25. Establishment of a basin water resources committee
The Cabinet Secretary must establish a basin water resources committee for each basin by notice in the Gazette; the Cabinet Secretary must assign a name to each committee; each committee is responsible for managing basin water resources and must operate under Regulations made by the Authority.
Section 25. Establishment of a basin water resources committee Section 25(1) The Cabinet Secretary shall by notice published in the Gazette establish a basin water resources committee for each respective basin area provided for under section 24 . Section 25(2) The Cabinet Secretary shall assign a name to each basin water resources committee established in accordance with subsection (1). Section 25(3) A basin water resources committee shall be responsible for the management of the water resources within a respective basin area. Section 25(4) A basin water resources committee shall operate under the Regulations made by the Authority. - 26 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 26. Basin water resources committee
Section 26 establishes the basin water resources committee membership, appointment processes, minimum technical expertise, facilitation by the Authority, and determination of committee pay.
Section 26. Basin water resources committee Section 26(1)(a) not less than four and not more than seven members appointed by the Authority in consultation with the Cabinet Secretary; and Section 26(1)(b) a representative of each county government whose area falls within the basin appointed by the appointing authority after approval by the county assembly. Section 26(2) The Cabinet Secretary shall, by notice in the Gazette , appoint the chairperson from amongst the members appointed under subsection (1)(a), who shall hold office for a period of three years. Section 26(3)(a) a representative of a Ministry responsible for matters relating to water resources; Section 26(3)(b) a representative of farmers or pastoralists within the basin area concerned; Section 26(3)(c) a representative of a public benefits organisation engaged in water resources management programmes within the basin area concerned; and Section 26(3)(d) a representative of the business community operating within the basin area concerned. Section 26(4) In appointing the members in subsection (1), the Authority shall ensure that at least three members have technical expertise in matters relating to water. Section 26(5) Paragraphs 2, 3, 5, 6, 7, 9, 11, 12 and 13 of the First Schedule shall apply in relation to the members and procedure of the basin water resources committee. Section 26(6) The Authority shall facilitate the activity of the basin water resources committee by making available secretariat services, logistical and administrative support. Section 26(7) The salaries, allowances and other expenses of the committee referred to in subsection (1) shall be determined by the Cabinet Secretary responsible for public service on the advice of the Salaries and Remuneration Commission. - 27 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 27. Functions of the basin water resources committees
The basin water resources committees have functions related to conservation, use and apportionment of water resources.
Section 27. Functions of the basin water resources committees Section conservation, use and apportionment of water resources; - 28 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 28. Basin area water resources management strategy
When a basin area is designated, the Authority must set requirements and a time frame for preparing a basin area water resources management strategy; the strategy must be formulated by a basin water resources committee in consultation with the Authority and county governments; and the Cabinet Secretary must publish the strategy in the Gazette.
Section 28. Basin area water resources management strategy Section 28(1) Upon the designation of a basin area, the Authority shall prescribe requirements and a time frame for the formulation of a basin area water resources management strategy. Section 28(2) The basin area water resources management strategy shall be formulated by a basin water resources committee in consultation with the Authority and the county governments whose areas of jurisdiction lie within the basin area. Section 28(3)(a) be consistent with the national water resources policy; Section 28(3)(b) put in place measures to fulfil the water resource quality objectives for each class of water resource in the basin area; Section 28(3)(c) describe the measures to be put in place for the sustainable management of water resources of the basin area; Section 28(3)(d) contain a water allocation plan for the water resources of the basin area; Section 28(3)(e) provide systems and guidelines to enable the users of water resources within the basin area to participate in managing the water resources of the basin area; and Section 28(3)(f) provide a strategy for financing the management of the water resources of the basin area. Section 28(4) The Cabinet Secretary shall publish the strategy referred to in subsection (1) in the Gazette . - 29 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 29. Establishment and functions of water resource users associations
Section 29 explains establishment and functions of water resource users associations: they may be established at sub‑basin level, are community‑based for collaborative management and conflict resolution, the basin strategy must facilitate their establishment and operation, and basin committees may contract them as agents to perform duties in water resource management.
Section 29. Establishment and functions of water resource users associations Section 29(1) Water resource users associations may be established as associations of water resource users at the sub-basin level in accordance with Regulations prescribed by the Authority. Section 29(2) A water resource users association shall be a community based association for collaborative management of water resources and resolution of conflicts concerning the use of water resources. Section 29(3) Without prejudice to the generality of section 28 (3)(e), the basin area water resources management strategy shall facilitate the establishment and operation of water resources users associations. Section 29(4) The basin water resources committees may contract water resource users associations as agents to perform certain duties in water resource management. - 30 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 30. Establishment of the National Water Harvesting and Storage Authority
Establishes the National Water Harvesting and Storage Authority.
Section 30. Establishment of the National Water Harvesting and Storage Authority Section 30(1) There is established the National Water Harvesting and Storage Authority. Section 30(2) The Water Storage Authority established under this section shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its own name and doing all things that a corporation may lawfully do. - 31 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 31. Water Harvesting and Storage Board
Section 31 lists members of the Water Harvesting and Storage Board and specifies appointment authorities; the Chief Executive Officer is an ex officio member without voting rights.
Section 31. Water Harvesting and Storage Board Section 31(1)(a) a chairperson, who shall be appointed by the President; Section 31(1)(b) the Principal Secretary responsible for matters relating to water; Section 31(1)(c) the Principal Secretary responsible for matters relating to land; Section 31(1)(d) the Principal Secretary responsible for finance; Section 31(1)(e) five other members, who shall be appointed by the Cabinet Secretary; and Section 31(1)(f) a Chief Executive Officer. Section 31(2) The Chief Executive Officer is ex officio member of the Water Storage Board with no voting rights. Section 31(3) The First Schedule shall have effect with respect to the membership and procedure of the Water Storage Board. - 32 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 32. Powers and functions of the Water Storage Authority
The Water Storage Authority has powers and functions including developing and managing national public water works for storage and flood control; collecting and providing information for national strategies; developing and enforcing water harvesting policy; undertaking drought emergency interventions; advising the Cabinet Secretary; entering bulk water purchase agreements (with investors or water works agencies) in consultation with the Regulatory Board; appointing agents to operate and maintain storage infrastructure; and any other powers conferred by this or another Act.
Section 32. Powers and functions of the Water Storage Authority Section 32(1)(a) undertake on behalf of the national government, the development of national public water works for water resources storage and flood control; Section 32(1)(b) maintain and manage national public water works infrastructure for water resources storage; Section 32(1)(c) collect and provide information for the formulation by the Cabinet Secretary of the national water resources storage and flood control strategies; Section 32(1)(d) develop a water harvesting policy and enforce water harvesting strategies; Section 32(1)(e) undertake on behalf of the national government strategic water emergency interventions during drought; Section 32(1)(f) advise the Cabinet Secretary on any matter concerning national public water works for water storage and flood control; Section 32(1)(g) enter into a bulk water purchase agreement with an investor in accordance with the provisions of the Public Private Partnerships Act and in consultation with the Regulatory Board; and Section 32(1)(h) enter into a bulk water purchase agreement with a water works development agency and in consultation with the Regulatory Board. Section 32(2) The Water Storage Authority may appoint agents for the operation, management, maintenance and safety of any storage infrastructure that it has developed. Section 32(3) The Water Storage Authority shall have such other powers and functions as may be conferred or imposed on it by this or any other Act. [Act No. 13 of 2024 , s. 3.] - 33 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 33. Chief Executive officer
The Cabinet Secretary appoints the Chief Executive Officer of the Water Storage Authority on the Water Storage Board's recommendation and subject to specified qualifications; the CEO is the accounting officer, must perform specified management functions, and holds office for five years with eligibility for one re-appointment.
Section 33. Chief Executive officer Section 33(1) The Cabinet Secretary, on the recommendation of the Water Storage Board may appoint the Chief Executive Officer of the Water Storage Authority, on such terms and conditions as the Cabinet Secretary for public service may determine on the advice of the Salaries and Remuneration Commission. Section 33(2)(a) is a citizen of Kenya; Section 33(2)(b) holds a degree from a university recognized in Kenya; Section 33(2)(c) has at least ten years' experience, five of which should be in a senior management position in a public or private organisation; and Section 33(2)(d) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution. Section 33(3) The Chief Executive Officer shall be the accounting officer of the Water Storage Authority. Section 33(4)(a) implementation of the decisions of the Water Storage Board; Section 33(4)(b) day to day management of the affairs of the Water Storage Board; Section 33(4)(c) organization and management of the employees; and Section 33(4)(d) any other function that may be assigned by the Water Storage Board. Section 33(5) The Chief Executive Officer shall hold office for a term of five years and is eligible for re-appointment for one further term. - 34 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 34. Removal of the Chief Executive Officer
The Cabinet Secretary has the power to remove the Chief Executive Officer from office, on the recommendation of the Water Storage Board and in accordance with the terms and conditions of service.
Section 34. Removal of the Chief Executive Officer Section The Chief Executive Officer may be removed from office by the Cabinet Secretary on the recommendation of the Water Storage Board, in accordance with the terms and conditions of service. - 35 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 35. Employees of the Water Storage Authority
The Water Storage Authority may appoint employees it considers necessary; the Cabinet Secretary for public service shall determine their terms and conditions on the advice of the Salaries and Remuneration Commission.
Section 35. Employees of the Water Storage Authority Section 35(1) The Water Storage Authority may appoint such other employees as it may consider necessary for the performance of its functions under this Act. Section 35(2) The Cabinet Secretary responsible for matters relating to public service shall determine the terms and conditions of service of the employees of the Water Storage Authority on the advice of the Salaries and Remuneration Commission. - 36 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 36. Water permit
any use of water from a water resource, except as provided by section 37
Section 36. Water permit Section any use of water from a water resource, except as provided by section 37 ; - 37 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 37. Exemptions
Section 37 lists exemptions for certain abstractions and uses of water and says regulations may restrict or require consent for such uses; subsection (1) exemptions can be displaced where prescribed circumstances require a permit.
Section 37. Exemptions Section 37(1)(a) for the abstraction or use of water, without the employment of works, from any water resource for domestic purposes by any person having lawful access to the water resource; Section 37(1)(b) for the abstraction of water in a spring which is situated wholly within the boundaries of the land owned by any one landholder and does not naturally discharge into a watercourse abutting on or extending beyond the boundaries of that land; or Section 37(1)(c) for the storage of water in, or the abstraction of water from a reservoir constructed for the purpose of such storage and which does not constitute a water course for the purposes of this Act. Section 37(2) Subsection (1) does not apply in relation to any activity mentioned in that subsection which is carried on in prescribed circumstances and the relevant law or regulation made under this Act requires a permit for the carrying on of that activity in those circumstances. Section 37(3) Regulations made under this Act may make provisions with respect to the use of water from a water resource in any manner for which a permit is not required. Section 37(4)(a) prohibit any such use of water in prescribed circumstances; or Section 37(4)(b) require the consent or permission of the Authority for any such water use of a prescribed kind or description. Section 37(5) The provisions of this section and section 36 shall not apply in respect of the abstraction of sea water for use in the extraction of salt. [Act No. 11 of 2017 , Sch.] - 38 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 38. Unauthorized construction and use of works
Constructing or using works without required permits, or contrary to permit conditions, or before required certification, is an offence.
Section 38. Unauthorized construction and use of works Section 38(1)(a) without a permit, constructs or employs works for a purpose for which a permit is required; or Section 38(1)(b) being the holder of a permit, constructs or employs any such works in contravention of the conditions of the permit, Section 38(2)(a) by means of any works not authorised by the permit; or Section 38(2)(b) before the whole of the works authorised by the permit have been certified, in accordance with the conditions of the permit, commits an offence. - 39 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 39. Easement for works
A permit holder who will place works on land they do not own must acquire an easement over that land and may not construct or use the works unless that easement has been acquired.
Section 39. Easement for works Section 39(1) The holder of a permit which authorises the construction of works that would or a portion of works which would when constructed, be situated upon land not held by the permit holder shall, subject to any relevant law, acquire an easement on, over or through the land on which the works would be situated and, unless the works have previously been lawfully constructed, shall not construct or use the works unless he or she has acquired such an easement. Section 39(2) The provisions of the Third Schedule shall apply in respect of the acquisition of, and subsequent rights pertaining to or against, any such easement. - 40 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 40. Procedure for obtaining a permit
The Authority must notify the applicant and any objectors of its decision within thirty days; any person may object in writing to the Water Tribunal within thirty days after publication of the notice.
Section 40. Procedure for obtaining a permit Section 40(1) An application for a permit shall be made to the Authority at the applicable basin area. Section 40(2)(a) such information in support of the application as the Authority may require; and Section 40(2)(b) the prescribed fee. Section 40(3) The application shall be determined within six months of receiving an application which meets the requirements of the Authority. Section 40(4) An application for a permit shall be the subject of public consultation and, where applicable, of environmental impact assessment in accordance with the requirements of the Environmental Management and Co-ordination Act (Cap. 387). Section 40(5) Any person opposed to the grant of a permit may object in writing to the Water Tribunal within a period of thirty days after publication of the notice of the application. Section 40(6) The Authority must within thirty days notify the applicant and any person who may have objected to the grant of the application of its decision and in the event of a rejection, the reasons for the rejection. Section 40(7) Where an application made in accordance with this section is not determined by the Authority in accordance with subsection (3), any fee paid by the applicant under subsection (2)(b) shall be refunded to the applicant. - 41 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 41. Conditions of permits
Regulations may prescribe conditions for permits; the Authority may add other conditions by endorsement or annexed instrument; the Second Schedule provides conditions for permits authorising construction; prescribed circumstances may require conditions or fees and may make contraventions offences with penalties; penalties do not stop injured persons from seeking damages.
Section 41. Conditions of permits Section 41(1)(a) conditions that may be prescribed by Regulations under this Act; and Section 41(1)(b) such other conditions, not inconsistent with the conditions so prescribed, that the Authority may impose by endorsement on, or by an instrument in writing annexed to the permit. Section 41(2) The provisions of the Second Schedule shall be conditions on every permit which authorises the construction of works. Section 41(3)(a) require the imposition of prescribed conditions in prescribed circumstances; Section 41(3)(b) require the payment by the permit holder of prescribed fees in respect of the exercise of rights under the permit; or Section 41(3)(c) provide that a contravention of any specified conditions of a permit under this Act, shall constitute an offence and provide for corresponding penalties. Section 41(4) The imposition of a penalty under this Act shall not prevent any person who has suffered loss, damage or injury by reason of the contravention of this Act from pursuing any other remedy for the recovery of damages. - 42 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 42. Charges for water use
Permit holders must pay charges for water use as required by their permit and Regulations; the Authority publishes a schedule of charges after public consultation; the Authority may allocate part of charges to a water users' association when there is an agreement.
Section 42. Charges for water use Section 42(1) The conditions on a permit may require that on the issue of the permit and at prescribed intervals thereafter, the permit holder shall pay charges to the Authority for the use of water in accordance with the terms of the permit and the Regulations prescribed by the Authority. Section 42(2) The charges shall be determined by reference to a schedule of charges published in the Gazette by the Authority following public consultation. Section 42(3) Where there is an agreement between the Authority and a water resources users' association, the Authority may make available a portion of the water use charges to be used for financing such regulatory activities as the water resources users association has agreed to undertake on behalf of the Authority. - 43 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 43. Considerations for the issuance of permits
Section 43 lists factors to consider when issuing water permits and states that domestic use takes precedence; the Authority may reserve water for domestic purposes when granting a permit, and permits remain in force for their specified period and may be renewed.
Section 43. Considerations for the issuance of permits Section 43(1)(a) existing lawful uses of the water; Section 43(1)(b) efficient and beneficial use of water in the public interest; Section 43(1)(c) any basin area water resources management strategy applicable to the relevant water resource; Section 43(1)(d) the likely effect of the proposed water use on the water resource and on other water users; Section 43(1)(e) the classification and the resource quality objectives of the water resource; Section 43(1)(f) the investments already made and to be made by the water user in respect of the water use in question; Section 43(1)(g) the strategic importance of the proposed water use; Section 43(1)(h) the quality of water in the water resource which may be required for the reserve; and Section 43(1)(i) the probable duration of the activity or undertaking for which a water use is to be authorised. Section 43(2) The use of water for domestic purposes shall take precedence over the use of water for any other purpose, and the Authority may, in granting any permit, reserve such part of the quantity of water in a water resource as in its opinion is required for domestic purposes. Section 43(3) The nature and degree of water use authorized by a permit shall be reasonable and beneficial in relation to other persons who use the same sources of supply or bodies of water. Section 43(4) A permit shall, subject to this Act, remain in force for the period specified in it, and may, to the extent that the permit so provides, be renewed from time to time. - 44 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 44. Issue of permits in exceptional cases
Allows the Cabinet Secretary, with the Authority, to make regulations defining exceptional circumstances and permits the Authority (on advice of the basin water resources committee) to grant permits without public consultation for up to one year or for construction of permanent works.
Section 44. Issue of permits in exceptional cases Section 44(1) The Cabinet Secretary in consultation with the Authority may from time to time, by notice in the Gazette , make Regulations for determining exceptional circumstances to warrant a grant of a permit. Section 44(2) The Authority upon the advice of the basin water resources committee may, if in the opinion of the Authority exceptional circumstances as provided for in subsection (1), warrant such action, grant a permit authorising with or without conditions, the use of water from a water resource and the construction of the works required without subjecting the application to public consultation. Section 44(3) In considering whether or not to grant a permit in accordance with this section, the Authority, shall have regard to the extent to which the grant shall interfere with the domestic requirements of other users. Section 44(4) A permit granted in accordance with this section shall not in any case be in force for a period exceeding or for periods which in the aggregate exceed, one year, or for the construction of permanent works. - 45 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 45. Permit to be linked to land or undertaking
The Authority may transfer a permit to another portion of land on application and endorsement; transferred permits become appurtenant; the Authority may require easements to be granted within two years (or a longer period it determines) and may impose other conditions or modifications it considers necessary.
Section 45. Permit to be linked to land or undertaking Section 45(1)(a) be appurtenant to that portion of land or that undertaking; and Section 45(1)(b) pass with any demise, devise, alienation, transfer or other disposition whether by operation of law or otherwise. Section 45(2)(a) owing to a change in circumstances not under the control of the permit holder after the grant of the permit, the applicable water cannot, in such circumstances, be reasonably beneficially used by the permit holder on the particular portion of land to which the permit is appurtenant; and Section 45(2)(b) neither the public interest nor the rights of others would be adversely affected by a transfer in accordance with this subsection, the Authority may, on application by the permit holder and by endorsement of the permit or other instrument in writing, transfer the permit to another portion of the land owned by the permit holder, after which, it shall become appurtenant to that portion. Section 45(3)(a) to the condition that such easements, if any, as may be required to be granted within a period of two years after sub-division of the land or within such longer period as the Authority may determine; and Section 45(3)(b) any other conditions, and modifications, that the Authority may consider necessary. - 46 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 46. Variation or permit
The Authority may vary a permit to change discharge, water quality, method or point of diversion, or other permit terms where there is inequity, deterioration in water quality, or shortages of water (including priorities for inter-basin transfers).
Section 46. Variation or permit Section 46(1)(a) inequity; Section 46(1)(b) a deterioration in the quality of water; Section 46(1)(c) a shortage of water for domestic purposes; or Section 46(1)(d) a shortage of water for any other purpose which in the opinion of the Authority in case of inter-basin water transfers, should have priority, the Authority may vary the permit so as to alter the discharge or quality of water or any other aspect of water use authorised by the permit, or to alter the method or point of diversion or other specifications, terms or conditions of the permit. Section 46(2) A permit shall not be cancelled or varied under this section unless notice of the proposed cancellation or variation has been served on the permit holder and the permit holder has been afforded a reasonable opportunity to show cause to the Authority why the permit should not be cancelled or varied. Section 46(3) Subsection (2) does not apply where the variation is expressed to be made owing to drought or owing to a crisis of a kind prescribed by Regulations made under this Act. - 47 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 47. Power to require permit application or re-applications
Sections 47(2)–(7) set out processes for proposing, consulting on, finalising allocation schedules for stressed water resources, and related duties for the Authority and basin water resources committee, including a 30‑day appeal right to the Water Tribunal.
Section 47. Power to require permit application or re-applications Section 47(1)(a) achieve a sustainable allocation of water from a water resource which is under stress; Section 47(1)(b) achieve equity in allocations; Section 47(1)(c) promote beneficial use of water in the public interest; Section 47(1)(d) facilitate efficient management of water resources, or Section 47(1)(e) protect water resource quality, Section 47(2) On receipt of applications or re-applications, the Authority shall prepare a proposed allocation schedule specifying how water from the water resource in question shall be allocated, taking into account the requirements of the reserve. Section 47(3) The proposed allocation schedule shall be subjected to public consultation, after which the basin water resources committee shall prepare a preliminary allocation schedule and shall, by notice published in the Gazette advertise the times and places at which a copy of the schedule may be inspected. Section 47(4) A person dissatisfied with the preliminary allocation schedule may appeal to the Water Tribunal within thirty days of the publication under subsection (3). Section 47(5)(a) if no appeal is lodged as provided for under subsection (4); Section 47(5)(b) if it has been amended after a successful appeal; or Section 47(5)(c) if every appeal lodged has been dismissed. Section 47(6) The Authority shall publish a notice in the Gazette stating that the preliminary allocation schedule has become final and advertise the times and places where a copy of the schedule may be inspected. Section 47(7) The Authority shall, as soon as reasonably practicable after an allocation schedule becomes final, issue permits according to the allocations provided for in it, and cancel any inconsistent permits. - 48 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 48. Cancellation of a permit
The Authority has the power to cancel or vary a permit for an inter-basin water transfer when necessary to accommodate additional water users; permit holders whose permits are cancelled are to be paid an agreed compensation and disputes go to the Water Tribunal.
Section 48. Cancellation of a permit Section 48(1) The Authority may in the case of an inter basin water transfer cancel or vary a permit if such cancellation or variation is necessary for the accommodation of additional water users of a water source. Section 48(2) A permit shall not be cancelled or varied under this section unless notice of the proposed cancellation or variation has been served on the permit holder and the permit holder has been afforded reasonable opportunity to show, cause to the Authority why the permit should not be cancelled or varied. Section 48(3) A permit holder whose permit is cancelled under this section shall be paid compensation of an amount agreed between the permit holder, the additional water user or users and the Authority in the case of inter basin water transfer, and any disputes arising from such compensation shall be determined by the Water Tribunal. - 49 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 49. Cancellation or variation of a permit for failure to observe terms and conditions
A permit cannot be cancelled or varied under this section unless the permit holder has been served with notice and given a reasonable opportunity to show cause to the Authority.
Section 49. Cancellation or variation of a permit for failure to observe terms and conditions Section 49(1)(a) contravenes any condition of the permit, or Section 49(1)(b) fails to make beneficial use of the water or any part of the water as determined by the Authority. Section 49(2) A permit shall not be cancelled or varied under this section unless notice of the proposed cancellation or variation has been served on the permit holder and the permit holder has been afforded a reasonable opportunity to show cause to the Authority as to why the permit should not be cancelled or varied. - 50 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 50. Variation of permit following a hydrographical survey
Every permit may be varied later by the Authority after a hydrographical survey and after reasonable notice to affected parties.
Section 50. Variation of permit following a hydrographical survey Section Every permit shall be subject to subsequent variation by the Authority after a hydrographical survey of the relevant body of water has been made, and after reasonable notice has been given to all parties affected. - 51 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 51. Variation of a permit at the request of the permit holder
Permit holders may request variations to their water permits, including changes to diversion point, use, apportionment, mixing with other permits, remedying defects, or other terms.
Section 51. Variation of a permit at the request of the permit holder Section 51(1)(a) change the point of diversion or abstraction of the water used under the permit; Section 51(1)(b) change the use of water authorised by the permit; or Section 51(1)(c) permit the apportionment of the water authorised by the permit to be taken or used, to be apportioned between two or more parts of the land to which the permit pertains; Section 51(1)(d) permit the mixture of waters authorised to be taken or used, with those authorised to be taken or used by another permit, whether held by the same or another permit holder; Section 51(1)(e) remedy any defect where the permit is incomplete or indefinite in its terms and conditions; or Section 51(1)(f) vary any other term or condition of the permit. Section 51(2)(a) the use of water authorised by the permit; or Section 51(2)(b) a term or condition of a prescribed kind, shall not be made without public consultation. - 52 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 52. Abandonment of permitted activities
Permit holders who stop using water per their permit must notify the Authority and abandon the permit or separable parts; the Authority may direct removal of works, remove them itself and recover removal costs if the permit holder fails to remove them.
Section 52. Abandonment of permitted activities Section 52(1) A permit holder who ceases to utilise water in accordance with the terms of the permit shall by notice to the Authority abandon the whole of the permit or any part capable of separation. Section 52(2) Upon abandonment of a permit under subsection (1), the Authority may direct the permit holder to remove, within such time as it may specify, all or any works erected in connection with the permit. Section 52(3) A permit holder who neglects or fails to remove the works concerned commits an offence, and the Authority may remove all or, any portion of the works, and may recover the cost of their removal from the permit holder as a debt in any court of competent jurisdiction. - 53 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 53. Surrender of permits
The Authority may cancel or vary permits under subsection (1)(a) for specified reasons, and a permit holder who fails to comply with a notice under subsection (1) commits an offence.
Section 53. Surrender of permits Section 53(1)(a) is to be cancelled or varied by the Authority pursuant to this Act; Section 53(1)(b) has been granted erroneously or irregularly; or Section 53(1)(c) has been granted in contravention of the provisions of any Regulations made under this Act with respect to the terms and conditions of such a permit, Section 53(2) A permit holder who fails to comply with the notice mentioned in subsection (1) commits an offence. - 54 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 54. Register of permits
The Authority must establish and maintain a national register of permits containing permit-holder details, permit terms and monitoring and enforcement results; the public may access the register on payment of a fee prescribed by the Authority.
Section 54. Register of permits Section 54(1) The Authority shall establish and maintain a register of permits and the register shall contain the details of the permit holders, the respective terms and conditions of each permit and the results of any monitoring and enforcement action taken by the Authority in respect to each permit. Section 54(2) The Authority shall establish and keep a register at the national level. Section 54(3) The public may access the information contained in the register on payment of the fee prescribed by the Authority. - 55 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 55. Appeals
An aggrieved party may appeal an Authority decision to the Water Tribunal within fourteen days; the Tribunal must vary, reverse or confirm the decision and communicate its decision to the parties within fourteen days.
Section 55. Appeals Section 55(1) Any party aggrieved by the decision of the Authority may appeal to the Water Tribunal, in the prescribed manner within fourteen days from the date such decision was made. Section 55(2) The Tribunal shall on appeal either vary, reverse or confirm the decision of a water basin resources committee, and its decision shall be communicated to the parties concerned within fourteen days from the time the decision is made. - 56 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 56. Abstraction of ground water
Abstraction of ground water
Section 56. Abstraction of ground water - 57 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 57. Entry by permit holder
Section 57 requires applications for entry by a permit holder to include specified particulars; the Authority must notify affected landholders before issuing a permit; the Authority may set an investigation time limit; permit holders (or authorized persons) may seek assistance to enter land.
Section 57. Entry by permit holder Section 57(1)(a) a general description of his or her proposal; Section 57(1)(a)(i) a general description of his or her proposal; Section 57(1)(a)(ii) a schedule of lands which may be affected construction and operation or any works undertaken pursuant to the permit; Section 57(1)(a)(iii) the names and addresses of the affected landholders; and Section 57(1)(b) upon payment of the prescribed fee, Section 57(2) The Authority may prescribe a time limit within which the investigation shall be completed. Section 57(3) The permit holder or any person authorized by the permit holder, may seek such assistance as is necessary to enter onto the respective land. Section 57(4) A permit shall not be issued under this section until the Authority has notified each landholder concerned that an application to enter his or her land hits been made under this section. - 58 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 58. Entry by the Authority
Entry by the Authority.
Section 58. Entry by the Authority Section conserving or regulating the water resource, or preserving it from pollution or protecting the bed over which it lies; - 59 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 59. Entry by licensee
Licensees may enter land to preserve water, clear or deepen beds, prevent diversion or pollution, ascertain regulatory contraventions, cut off supplies for non-payment, and execute or require works to prevent degradation.
Section 59. Entry by licensee Section 59(1)(a) preserving the water from pollution or protecting the bed over which it lies or flows; or Section 59(1)(b) removing any obstruction from or for clearing and deepening the bed; or Section 59(1)(c) preventing the excessive or illegal diversion, waste or pollution of the water or interference with any such bed. Section 59(2)(a) ascertaining whether there has been a contravention of any such Regulations; Section 59(2)(b) in the case of any Regulations in respect of tariffs and the payment of those tariffs, exercising any right conferred on the licensee to cut off supplies for non-payment; or Section 59(2)(c) ascertaining whether or not circumstances exist which would justify the licensee's imposing a requirement to execute works or take other action to prevent degradation; or Section 59(2)(c)(i) ascertaining whether or not circumstances exist which would justify the licensee's imposing a requirement to execute works or take other action to prevent degradation; or Section 59(2)(c)(ii) exercising any right conferred on the licensee to execute and maintain works or other appropriate action. - 60 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 60. Manner of entry
Authorised persons may enter land under rights conferred by the Act but must first give reasonable notice (unless specific exceptions apply), must enter at a reasonable hour, must produce evidence of authority if requested, and must exercise powers with reasonable care to avoid damage.
Section 60. Manner of entry Section 60(1) In this Part, "authorised person" means a person entering onto any land or premises pursuant to a right or permission conferred under this Act. Section 60(2) An authorised person shall not enter on any land or premises without first giving a reasonable notice in verbal or written form to the landholder or other responsible person in charge of the land or premises, and any such entry shall be at a reasonable hour. Section 60(3)(a) he or she has reason to believe that a provision of this Act or of any rule or order made under this Act has been or is about to be contravened; Section 60(3)(b) he or she is unable to give notice within a reasonable time having regard to all the circumstances; or Section 60(3)(c) he or she has given reasonable grounds for not giving notice. Section 60(4) If so requested by the owner or occupier of the land or premises, the authorised person shall produce evidence of his right or permission, as the case may be, to enter on to the land. Section 60(5) It shall be the duty of any person when exercising any powers under this section to do so with reasonable care and in such a manner as to cause as little damage as possible on the land or premises referred to in subsection (1). - 61 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 61. Powers of inspectors
Inspectors have powers to obtain information within their knowledge about inquiries and to require information or inspection regarding permits or licences, works constructed under them, and the flow of water; a person who contravenes the section commits an offence.
Section 61. Powers of inspectors Section 61(1)(a) avail to the inspector any information within his or her knowledge relating to any inquiry held by the inspector under this Act; and Section 61(1)(b) the permit or licence; Section 61(1)(b)(i) the permit or licence; Section 61(1)(b)(ii) any works constructed under the permit or licence; or Section 61(1)(b)(iii) the flow of water in any such works or in any water resource affected by them. Section 61(2) A person who contravenes this section commits an offence. - 62 Verify source ↗
REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES - 62. Requirement to state name and address
People must not refuse an inspector's demand for their name, place of abode, and other particulars, nor provide particulars the inspector has reason to believe are false.
Section 62. Requirement to state name and address Section 62(1)(a) refuses, on demand of an inspector, to give his or her name and place of abode and other particulars which the inspector may reasonably require; or Section 62(1)(b) in purported compliance with such a demand, gives a name, place of abode or other particulars which the inspector has reason to believe to be false, Section 62(2) When the true identity, place of abode or other particulars of the person referred to in subsection (1) have been ascertained, the person concerned shall be released upon the execution of a bond, if so required, with or without sureties, so as to appear before a magistrate. Section 62(3) If the person's true name and place of abode and other particulars are not ascertained within twenty hours from the time of the arrest, or if he or she fails to execute the bond or, to furnish the applicable sureties, such person shall be presented before a magistrate having jurisdiction in the area.
Part IV
WATER SERVICES
- 100 Verify source ↗
WATER SERVICES - 100. Supply of bulk water
Persons must not supply bulk water to a water services provider without a licence issued by the Regulatory Board; the Regulatory Board can order licensees to give and take bulk supplies where agreement cannot secure supply; the Cabinet Secretary may make regulations on licence applications.
Section 100. Supply of bulk water Section 100(1) A person shall not supply water in bulk to a water services provider without a licence issued by the Regulatory Board. Section 100(2)(a) for the supply of water in bulk for a specific period; or Section 100(2)(b) where the supply is to be given by a water services provider, either within or outside the area of service of that water services provider. Section 100(3)(a) any licensee or water services provider to give the supply of water in bulk to another licensee or water service provider; Section 100(3)(a)(i) any licensee or water services provider to give the supply of water in bulk to another licensee or water service provider; Section 100(3)(a)(ii) the other licensee or water services provider to take such supply; and Section 100(3)(b) giving and taking of such a supply cannot be secured by agreement, the Regulatory Board may, by order served on the parties, require the licensees concerned to give and take the supply of water in bulk for such a period and on such terms as the Regulatory Board may specify. Section 100(4) Despite any provisions in this Act, bulk water supply services which are primarily intended to supply water in bulk to a water services provider in a county or counties other than the county in which the bulk water abstraction works are located, shall be undertaken by bulk water service providers licensed under this section. Section 100(5) The Cabinet Secretary may make regulations prescribing the manner in which an application for a licence for bulk water supply shall be made. - 101 Verify source ↗
WATER SERVICES - 101. Default by a Licensee
If a licensee fails to discharge duties, provide adequate water, or to remedy such failures after notification, the Regulatory Board may inquire and, if satisfied after inquiry, may impose a special regulatory regime; a licensee may appeal within thirty days and failing to comply with an order is an offence.
Section 101. Default by a Licensee Section 101(1)(a) has failed to discharge any duty imposed upon the licensee by a licence or otherwise under this Act; or Section 101(1)(b) has failed to give an adequate supply of water, either in quantity or quality to any area or any person which it is supplying; or Section 101(1)(c) having been notified by the Regulatory Board, as the case may be, to take such steps as are reasonably practicable in order to remedy any such failure as is mentioned in paragraph (a) or (b), and has failed to do so, the Regulatory Board, as the case may be, may inquire into the matter. Section 101(2) If, after inquiry, the Regulatory Board is satisfied that there has been failure on the part of the licensee, the Regulatory Board may impose a special regulatory regime on the water services provider for the purpose of remedying the default. Section 101(3) A licensee declared to be in default and is dissatisfied with an order of the Regulatory Board under this section may, within thirty days after receipt of the order, appeal to the Tribunal. Section 101(4) A licensee declared to be in default by order under this section and who fails to comply with the order within the time specified, commits an offence. - 102 Verify source ↗
WATER SERVICES - 102. Special regulatory regime
The Regulatory Board may impose a special regulatory regime on a licensee who persistently contravenes licence conditions, including measures such as enhanced monitoring, removal of privileges, revocation and appointment of a special manager; licensees are entitled to make presentations; the Board must consider specified factors when withdrawing a licence.
Section 102. Special regulatory regime Section 102(1) The Regulatory Board may, in consultation with the affected county government's executive, impose a special regulatory regime on a licensee who persistently contravenes the conditions of a licence or the requirements of this Act. Section 102(2) In taking the action contemplated in subsection (1) the licensee shall be given an opportunity to make presentations to the Regulatory Board. Section 102(3)(a) require the licensee to be under enhanced monitoring licence and reporting; Section 102(3)(b) remove privileges from the licence; or Section 102(3)(c) revoke the licence and appoint a special manager of the water services for a period of not more than six months or until the respective county government makes a new appointment whichever is the earlier. Section 102(4) In determining withdrawal of a licence, the Regulatory Board shall consider the severity of the offence, the consequences of withdrawal of a licence and the sufficiency of any alternative sanction. - 103 Verify source ↗
WATER SERVICES - 103. Transfer of functions of Iicensee
The Regulatory Board must, subject to the Public Finance Management Act and in consultation with the county government executive and by notice in the Gazette, order transfer of water services to another licensee when it is satisfied a default has not been remedied and is unlikely to be remedied.
Section 103. Transfer of functions of Iicensee Section 103(1) If the Regulatory Board is satisfied that, notwithstanding the imposition of measures under a special regulatory regime, the default has not been remedied and is not likely to be remedied by the licensee, it shall subject to the Public Finance Management Act (Cap. 412A) in consultation with the concerned county government executive, by notice in the Gazette , order the transfer of water services to another licensee. Section 103(2) The order of transfer shall make such provisions as appear to the Regulatory Board to be desirable or necessary with respect to any property or assets being used by the defaulting licensee for the purposes of providing the water services. Section 103(3) The transfer of a licence shall be a temporary measure not exceeding twelve months pending remedial action by a county government executive. - 104 Verify source ↗
WATER SERVICES - 104. Agreements as to protection of sources of water, etc
A licensee may enter into agreements to carry out and maintain works to protect water sources; such agreements may be registered against land proprietors and will be binding and enforceable against them or their successors in title.
Section 104. Agreements as to protection of sources of water, etc Section 104(1) A licensee may enter into an agreement with any person with respect to the execution and maintenance, by any party to the agreement, of such works as the licensee considers necessary or as the conditions of the licence may require for the purpose of protecting the catchment areas, drainage of land, carrying out soil conservation measures, the control of vegetation or effectively collecting, conveying or preserving the purity and quantity of water which the licensee is for the time being authorised to take. Section 104(2) An agreement under this section may be registered against any proprietor of the applicable land, and shall be binding upon and enforceable against such person or successor in title. - 105 Verify source ↗
WATER SERVICES - 105. Power of licensee to prohibit or restrict use of water
A licensee who believes there is or will be a serious water shortage may, with the Regulatory Board's approval, prohibit or restrict specified uses of water within its supply area; before this takes effect the licensee must give notice in newspapers or other Board-approved means; contravening the section is an offence.
Section 105. Power of licensee to prohibit or restrict use of water Section 105(1) A licensee who is of the opinion that there is a serious deficiency or threat of a deficiency of water available for distribution, may with the approval of the Regulatory Board, for such period as the licensee considers necessary, prohibit or restrict with respect to the whole or any part of such licensee's limits of supply, the use for any specified purpose of water. Section 105(2) Before the prohibition or restriction in subsection (1) comes into force, notice shall be given by the licensee, in one or more newspapers of daily circulation, within the affected area or by such other means as the Regulatory Board may approve, of the proposed prohibition or restriction and of the date when such prohibition or restriction shall come into force. Section 105(3) Any person who contravenes the provisions of this section commits an offence. - 106 Verify source ↗
WATER SERVICES - 106. Duty to enforce Regulations on water services
County government executives must monitor and enforce Regulations made under the Act; failing executives may be ordered by the Regulatory Board to enforce them. A county government may, in consultation with the Regulatory Board and by notice to affected parties, reduce or dispense with a regulation's requirements where operation would be unreasonable.
Section 106. Duty to enforce Regulations on water services Section 106(1) It shall be the duty of every county government executive to monitor and enforce the applicable Regulations made under this Act, and any county government executive who fails to do so shall be liable to an order by the Regulatory Board to take such action to enforce such Regulations as shall be specified in the order. Section 106(2) Where a county government executive considers that the operation of any such Regulations would be unreasonable in any particular case, a county government may, in consultation with the Regulatory Board, by notice to any affected party, reduce or dispense with the requirements of the regulation. - 107 Verify source ↗
WATER SERVICES - 107. Execution of works for protection of water
Licensees may construct and maintain drains, sewers and related works on land they own or have rights over; they must obtain consent from the Authority and the Regulatory Board before constructing works likely to affect water resources; consent shall not be unreasonably withheld and licensees may carry works across roads with state-organ consent and conditions.
Section 107. Execution of works for protection of water Section 107(1) A licensee may, on any land belonging to it, or on land over or in which it has acquired any necessary easement or right, construct and maintain drains, sewers and other works for intercepting, treating or disposing of any foul water arising or flowing upon such land or otherwise for preventing water belonging to the licensee, or which it is for the time being authorised to take, from being polluted. Section 107(2) The licensee shall before constructing any works, if the proposed works will affect or are likely to affect any water resource, obtain the consent of the Authority and the Regulatory Board. Section 107(3) Any licensee proposing to construct any drain, sewer or other works may, with the consent of the state organ concerned and subject to such conditions as the state organ may impose, carry the drain, sewer or other work under, across or along any road or road reserve or public place, whether within or outside the area of water service of the licensee. Section 107(4) A consent required under subsection (2) shall not be unreasonably withheld, nor shall any unreasonable condition be attached to such consent, and any question arising from the operation of this subsection shall be decided by consultation between the state organs concerned. - 108 Verify source ↗
WATER SERVICES - 108. Control of trade effluent
Persons must not discharge trade effluent into a licensee's sewers without the licensee's consent; the licensee may give consent subject to conditions (including pre-treatment and charges); dissatisfied persons may appeal to the Regulatory Board within thirty days; contravention is an offence; "trade effluent" is defined.
Section 108. Control of trade effluent Section 108(1)(a) pollution of the environment; Section 108(1)(b) harm to human health; Section 108(1)(c) damage to the sewerage system; or Section 108(1)(d) a contravention of applicable laws or standards set by the Regulatory Board. Section 108(2) A person shall not discharge any trade effluent from any trade premises into the sewers of a licensee without the consent of the licensee. Section 108(3)(a) the nature or composition of the trade effluent; Section 108(3)(b) the maximum quantity of the effluent which it proposes to discharge on any one day; Section 108(3)(c) the highest rate at which it is proposed to discharge the effluent; and Section 108(3)(d) any other information required by the licensee. Section 108(4) The licensee's consent may be given subject to conditions, including conditions requiring pre-treatment and payments to the licensee of charges for the discharge. Section 108(5) Any person who is dissatisfied with the decision of the licensee on an application under this section may, within thirty days of the decision, appeal to the Regulatory Board. Section 108(6) A person who contravenes the provisions of this section commits an offence. Section 108(7) In this section, "trade effluent" means any liquid, whether with or without suspended particles, produced as a by-product in the course of any trade or industry. - 109 Verify source ↗
WATER SERVICES - 109. Sewerage services levy
The Regulatory Board may impose a sewerage services levy on all water services within a licensee's area to cover part of disposal costs; a licensee may, with the Board's approval, set aside a portion of that levy for expanding the sewerage system in its service area.
Section 109. Sewerage services levy Section 109(1) The Regulatory Board may impose a sewerage services levy on all water services within the area of a licensee, to cover a reasonable part of the cost of disposing of the water supplied within those limits. Section 109(2) A portion of the levy referred to in subsection (1) may, with the approval of the Regulatory Board, be set aside by the licensee for use in the expansion of the sewerage system within the area of service provision of the licensee. - 110 Verify source ↗
WATER SERVICES - 110. Compulsory acquisition of land
Licensees or applicants who need land for their purposes may apply to a county governor or, where necessary, to the Cabinet Secretary; the Cabinet Secretary may, if satisfied that acquisition is desirable, take steps to secure acquisition; purposes under this section are deemed public purposes for land‑acquisition law.
Section 110. Compulsory acquisition of land Section 110(1) A licensee, or an applicant for a licence, who requires the compulsory acquisition of land for any of its purposes, may apply to a county governor, or where necessary to the Cabinet Secretary, who, on being satisfied that such compulsory acquisition is desirable, may take the steps necessary to secure the compulsory acquisition of the land in accordance with the applicable laws. Section 110(2)(a) of a source of supply which belongs to such licensee or will belong to the licensee following the acquisition; Section 110(2)(b) against pollution or other degradation, whether on the surface or underground of any water resource within such licensee's area of jurisdiction. Section 110(3) Any purpose for which land may be acquired under this section shall be deemed, for the purposes of the law on land acquisition, to be a public purpose. - 111 Verify source ↗
WATER SERVICES - 111. Regulatory Board to establish Information System
The Regulatory Board must establish a national monitoring and georeferenced information system on water services.
Section 111. Regulatory Board to establish Information System Section 111(1) The Regulatory Board shall establish a national monitoring and georeferenced information system on water services. Section 111(2) For the purposes of any systems established under this section, the Regulatory Board may, by order, require any person within a reasonable time or on a regular basis, to provide it with information, documents, samples or materials. Section 111(3) The Cabinet Secretary may make Regulations to facilitate the access to information by the public. Section 111(4) Regulations made under this Act may specify requirements and the nature of information for the keeping of records and the furnishing of information to the Regulatory Board. Section 111(5) Subject to any law relating to access to information and upon payment of the prescribed fee, a member of the public shall have access to information contained in any national information system. - 112 Verify source ↗
WATER SERVICES - 112. Annual report
The Regulatory Board must prepare an annual report of its work and activities and must cause the report to be published and publicized within three months after the end of each financial year.
Section 112. Annual report Section Within three months after the end of each financial year, the Regulatory Board shall prepare an annual report of its work and activities and shall cause the report to be published and publicized. - 63 Verify source ↗
WATER SERVICES - 63. Right to clean and safe water
Every person in Kenya is entitled to clean and safe water in adequate quantities and to reasonable standards of sanitation.
Section 63. Right to clean and safe water Section Every person in Kenya has the right to clean and safe water in adequate quantities and to reasonable standards of sanitation as stipulated in Article 43 of the Constitution. - 64 Verify source ↗
WATER SERVICES - 64. National Water Services Strategy
The Cabinet Secretary must formulate a Water Services Strategy within one year of commencement and every five years after following public participation; must provide an aggregated national water sector investment and financing plan in consultation with county governments; and must review the Water Services Strategy every three years.
Section 64. National Water Services Strategy Section 64(1) The Cabinet Secretary shall within one year of the commencement of this Act and every five years thereafter following public participation formulate a Water Services Strategy. Section 64(2) The object of the Water Strategy shall be to provide the Government's plans and programs for the progressive realization of the right of every person in Kenya to water. Section 64(3)(a) existing water services; Section 64(3)(b) the number and location of persons who are not provided with a basic water supply and basic sewerage services; Section 64(3)(c) standards for the progressive realisation of the right to water; and Section 64(3)(d) a resource mobilization strategy for the implementation of the plans. Section 64(4) The Water Strategy in force for the time being, shall be published in the Gazette . Section 64(5) The Cabinet Secretary shall in consultation with county governments provide a national water sector investment and financing plan aggregated from the county government plans which shall include, among other details, the time frames for the plans and an investment programme based on the investment plans. Section 64(6) The Cabinet Secretary shall review the Water Services Strategy every three years. - 65 Verify source ↗
WATER SERVICES - 65. Establishment of water works development agencies
The Cabinet Secretary may establish one or more waterworks development agencies by Gazette notice; the agencies shall be bodies corporate with perpetual succession and a common seal and have power to sue and be sued and perform corporate acts.
Section 65. Establishment of water works development agencies Section 65(1) The Cabinet Secretary may, by notice in the Gazette , establish one or more waterworks development agencies and define the geographical area of jurisdiction of each such agency. Section 65(2) The water works development agencies shall be bodies corporate with perpetual succession and a common seal and shall have power, in their respective corporate names, to sue and to be sued and, in the exercise and performance of their powers and functions, to do and permit all such things as may lawfully be done or permitted by a body corporate. - 66 Verify source ↗
WATER SERVICES - 66. Boards of the water works development agencies
The Cabinet Secretary must appoint a chairperson from a county within the basin area and four other members from counties within the basin area; the Chief Executive Officer is a member; the First Schedule governs membership and procedure.
Section 66. Boards of the water works development agencies Section 66(1)(a) a chairperson, who shall be appointed by the Cabinet Secretary from a county within the basin area; Section 66(1)(b) four other members who shall be appointed by the Cabinet Secretary from counties within the basin area; and Section 66(1)(c) the Chief Executive Officer. Section 66(2) The First Schedule has effect with respect to the membership and procedure of the water works development agencies. - 67 Verify source ↗
WATER SERVICES - 67. Criteria for water works development agencies
The Cabinet Secretary must, in consultation with stakeholders, develop criteria to establish water works development agencies.
Section 67. Criteria for water works development agencies Section The Cabinet Secretary shall in consultation with stakeholders develop the criteria for establishment of the water works development agencies. - 68 Verify source ↗
WATER SERVICES - 68. Powers and functions of the water works development agency
The water works development agency has the power to undertake the development, maintenance and management of the national public water works within its area of jurisdiction.
Section 68. Powers and functions of the water works development agency Section undertake the development, maintenance and management of the national public water works within its area of jurisdiction; - 68A Verify source ↗
WATER SERVICES - 68A. Licensing of water works development agencies
Water works development agencies must be licensed by the Regulatory Board for the functions under section 68(ba), and the Regulatory Board must publish licensing standards and conditions in the Gazette and on its website upon commencement and as necessary.
Section 68A. Licensing of water works development agencies Section 68A(1) Each water works development agency shall be licensed by the Regulatory Board with respect to the functions under section 68(ba) of this Act. Section 68A(2) The Regulatory Board shall, upon commencement of this Act and as may be necessary thereafter, publish in the Gazette and on its website the standards and conditions for licensing of water works development agencies under this section. [Act No. 13 of 2024 , s. 5.] - 69 Verify source ↗
WATER SERVICES - 69. Handover of completed works
The waterworks development agency must enter into an agreement with the county government or water services provider after commissioning (except for national public water works); the agreement must provide for assumption of loan repayment and ownership remains with the agency until loans are repaid; if the local provider defaults the waterworks development agency may petition the Regulatory Board to declare a default and order transfer of functions to the agency until full repayment.
Section 69. Handover of completed works Section 69(1) As soon as possible, following the commissioning of waterworks other than national public water works, the waterworks development agency shall enter into an agreement with the county government, water services provider or cross-county water services provider within whose area of jurisdiction the water works is located to provide water services. Section 69(2) The agreement shall make provision for the assumption by the county government, water services provider or cross-county water services provider of the responsibility for the repayment of any loans or liabilities of the waterworks and until full repayment of the loans and discharge of any outstanding liabilities, ownership of the waterworks shall remain in the waterworks development agency. Section 69(3) In the event that the county government, water services provider or cross-county water services provider defaults in the repayment of any outstanding loans arising from the development, rehabilitation or maintenance of the works, the waterworks development agency may petition the Regulatory Board to declare a default and order the transfer of the water services provider's functions to the waterworks development agency, to exercise such functions until full repayment of the loan. [Act No. 13 of 2024 , s. 6.] - 70 Verify source ↗
WATER SERVICES - 70. Establishment of the Water Services Regulatory Board
Creates the Water Services Regulatory Board to protect consumers and gives the Board corporate status and powers to sue, be sued, and perform acts lawful for a body corporate.
Section 70. Establishment of the Water Services Regulatory Board Section 70(1) There is established the Water Services Regulatory Board whose principal object is to protect the interests and rights of consumers in the provision of water services. Section 70(2) The Regulatory Board shall be a body corporate with perpetual succession and a common seal and shall have power, in its corporate name, to sue and be sued and, in the exercise and performance of its powers and functions, to do and permit all such things as may lawfully be done or permitted by a body corporate. - 71 Verify source ↗
WATER SERVICES - 71. Regulatory Board
The Regulatory Board consists of: a chairperson appointed by the President; four other members appointed by the Cabinet Secretary; and the Chief Executive Officer.
Section 71. Regulatory Board Section 71(1)(a) a chairperson appointed by the President; Section 71(1)(b) four other members appointed by the Cabinet Secretary; and Section 71(1)(c) the Chief Executive Officer. Section 71(2) The First Schedule shall have effect with regard to the membership and procedure of the Regulatory Board. - 72 Verify source ↗
WATER SERVICES - 72. Powers and functions of the Regulatory Board
Section 72 lists powers and functions of the Regulatory Board, including setting national water service standards, evaluating and approving tariffs, licensing and accrediting providers, monitoring compliance, and reporting annually.
Section 72. Powers and functions of the Regulatory Board Section 72(1)(a) determine and prescribe national standards for the provision of water services and asset development for water services providers; Section 72(1)(b) evaluate and recommend water and sewerage tariffs to the county water services providers and approve the imposition of such tariffs in line with consumer protection standards; Section 72(1)(ba) evaluate and recommend bulk water tariffs and approve the imposition of such tariffs in line with consumer protection standards for use of water for domestic and commercial purposes; Section 72(1)(bb) evaluate and recommend tariffs and approve the imposition of such tariffs in line with consumer protection standards for irrigation purposes; Section 72(1)(c) issue licences, set conditions for water service provision, and accredit water services providers and bulk water services providers; Section 72(1)(d) monitor and regulate licensees and enforce licence conditions; Section 72(1)(e) develop a model memorandum and articles of association to be used by all water companies applying to be licensed by the Regulatory Board to operate as water services providers; Section 72(1)(f) monitor compliance with standards including the design, construction, operation and maintenance of facilities for the provision of water services by the water works development bodies and the water services providers; Section 72(1)(g) advise the Cabinet Secretary on the nature, extent and conditions of financial support to be accorded to water services providers for providing water services; Section 72(1)(h) monitor progress in the implementation of the Water Strategy and make appropriate recommendations; Section 72(1)(i) maintain a national database and information system on water services; Section 72(1)(j) establish a mechanism for handling complaints from consumers regarding the quality or nature of water services; Section 72(1)(k) develop guidelines on the establishment of consumer groups and facilitate their establishment; Section 72(1)(l) inspect water works and water services to ensure that such works and services meet the prescribed standards; Section 72(1)(m) report annually to the public on issues of water supply and sewerage services and the performance of relevant sectors and publish the reports in the Gazette ; Section 72(1)(n) make Regulations on water services and asset development which shall include business, investment and financing plans in order to ensure efficient and effective water services and progressive realization of the right to water services; Section 72(1)(o) advise the Cabinet Secretary on any matter in connection with water services; and Section 72(1)(p) make recommendations on how to provide basic water services to marginalised areas. Section 72(2) The Regulatory Board shall have such powers and functions as may be conferred on it by this or any other Act, or as may be reasonably incidental to the exercise or performance of any power or function so conferred. - 73 Verify source ↗
WATER SERVICES - 73. Employees of the Regulatory Board
Section 73 establishes a Chief Executive Officer for the Regulatory Board appointed by the Cabinet Secretary on the Board's recommendation; the CEO is the principal officer responsible for management subject to the Board's directions; the Board may appoint other officers and employees, with terms determined by the Cabinet Secretary on advice from the Salaries and Remuneration Commission.
Section 73. Employees of the Regulatory Board Section 73(1) There shall be a Chief Executive Officer of the Regulatory Board who shall be appointed by the Cabinet Secretary on the recommendation of the Regulatory Board, on such terms and conditions of service as may be prescribed by the Cabinet Secretary responsible for public service on the advice from the Salaries and Remuneration Commission. Section 73(2) The Chief Executive Officer shall be the principal officer of the Regulatory Board and, subject to the directions of the Regulatory Board shall be responsible for management of the Regulatory Board. Section 73(3) The Regulatory Board may appoint such officers and other employees as may be necessary for the exercise and performance of its powers and functions, upon such terms and conditions as the Cabinet Secretary responsible for public service may determine upon consideration of advice from the Salaries and Remuneration Commission. - 74 Verify source ↗
WATER SERVICES - 74. Licensing
A person may not be licensed as a water service provider unless they apply to the Regulatory Board and submit a copy of the application to the county government where they intend to provide services.
Section 74. Licensing Section 74(1) A person shall not be licensed as a water service provider unless such person makes an application under this section to the Regulatory Board and submits a copy of the application to the county government within whose area of jurisdiction it intends to provide water services. Section 74(2) Prior to determination of the application, the Regulatory Board shall publicise the application and shall take into consideration the views of stakeholders including the county government, within whose area of jurisdiction the applicant intends to provide water services. Section 74(3) The Regulatory Board shall issue a licence if the applicant meets the licensing requirements. Section 74(4) This section does not apply to the provision or abstraction of sea water for the purposes of salt extraction. [Act No. 11 of 2017 , Sch.] - 75 Verify source ↗
WATER SERVICES - 75. Register of licensed water services providers
Section 75 requires a public register of licensed water services providers and tasks the Regulatory Board and the Authority with certain publication and guideline duties.
Section 75. Register of licensed water services providers Section 75(1)(a) their names, telephone numbers, electronic mail and postal addresses; Section 75(1)(b) in the case of a registered association, or public benefit organization, the nature of the association or organization and the particulars of its registration; Section 75(1)(c) the nature of services in respect of which the water services providers are licensed; Section 75(1)(d) the conditions, if any, attaching to their license; and Section 75(1)(e) any other matter prescribed in Regulations. Section 75(2) The register of the licensed person shall be a public document accessible for inspection at no charge and shall be publicized, placed or posted in accessible formats at such places as the Regulatory Board shall determine. Section 75(3) The register referred to in this section shall be published from time to time by the Authority. Section 75(4) The Regulatory Board shall develop and publish guidelines to regulate the conduct of licensed water services providers. - 76 Verify source ↗
WATER SERVICES - 76. Revocation of licence
The Regulatory Board may revoke a water services licence for specified grounds; it must give written notice within seven days, the affected person must stop providing the service, and may seek a review within fourteen days.
Section 76. Revocation of licence Section 76(1)(a) if it is shown to the satisfaction of the Regulatory Board that the licence was obtained by mistake, fraud, undue influence or misrepresentation; or Section 76(1)(b) the water services provider has for any reason ceased to meet the criteria for licensing; or Section 76(1)(c) if it is shown to the satisfaction of the Regulatory Board that the water services provider has refused, failed or neglected to provide the services for which they were licensed; Section 76(1)(d) the water services provider becomes insolvent, or is adjudged bankrupt; or Section 76(1)(e) the water services provider has failed to comply with any conditions for licensing. Section 76(2) The Regulatory Board shall give written notice of revocation of a license under subsection (1) to the water services provider within seven days of the revocation. Section 76(3) A person whose licence is suspended or revoked shall cease to provide the relevant service. Section 76(4) A water services provider whose licence is suspended or revoked may apply to the Regulatory Board to review its decision within fourteen days of receipt of the notice of revocation. - 77 Verify source ↗
WATER SERVICES - 77. Establishment of water service providers
County governments must establish water services providers; such providers may be companies or other approved bodies; companies seeking licences must submit memorandum and articles conforming to Regulatory Board guidelines; the Regulatory Board shall make regulations on water standards.
Section 77. Establishment of water service providers Section 77(1) A county government shall establish water services providers. Section 77(2) In establishing a water services provider, a county government shall comply with the standards of commercial viability set out by the Regulatory Board. Section 77(3) A water services provider established under this section may be a public limited liability company established under the Companies Act (Cap. 486) or other body providing water services as may be approved by the Regulatory Board. Section 77(4) A company intending to be licensed as a water service provider shall submit to the Regulatory Board its memorandum and articles of association that conform to the guidelines developed and approved by the Regulatory Board. Section 77(5) The Regulatory Board shall make Regulations on the standard of water to be supplied by water service providers licensed under this section. - 78 Verify source ↗
WATER SERVICES - 78. Responsibilities of the water services provider
A licensed water services provider must provide water services in its licensed area, develop county assets for water service provision, and shall have other powers and functions conferred by this Act or any other Act.
Section 78. Responsibilities of the water services provider Section 78(1)(a) the provision of water services within the area specified in the licence; and Section 78(1)(b) the development of county assets for water service provision. Section 78(2) A licensed water services provider shall have such other powers and functions as may be conferred on it by this Act or any other Act. - 79 Verify source ↗
WATER SERVICES - 79. Board of a water services provider
Water services providers must have a board of directors; company boards must be constituted under the Companies Act or other written law; directors must be nominated per the company's memorandum and articles; nominated board members must meet qualifications set by the Regulatory Board.
Section 79. Board of a water services provider Section 79(1) A water services provider shall have a board of directors and in the case of a company, the members of its board of directors shall be constituted in accordance with the Companies Act (Cap. 486) or any other written law and the directors shall be nominated to serve on the board in accordance with the company's memorandum and articles of association. Section 79(2) All members nominated to the water services provider's board of directors shall possess qualifications which meet the standards set by the Regulatory Board. - 80 Verify source ↗
WATER SERVICES - 80. Member of the Board not to hold public office
A Member of the Board must not be serving as an elected member of a county government at the time of nomination for appointment to the board.
Section 80. Member of the Board not to hold public office Section at the time of nomination for appointment to the board, be serving as an elected member of a county government; - 81 Verify source ↗
WATER SERVICES - 81. Extension of services to rural or developing areas
A water services provider may, with the approval of the relevant licensing authority, extend water services to rural or developing areas.
Section 81. Extension of services to rural or developing areas Section A water services provider may with the approval of the relevant licensing authority extend water services to rural or developing areas. - 82 Verify source ↗
WATER SERVICES - 82. Appeals to the Regulatory Board
An aggrieved party may appeal a water services provider's decision to the Regulatory Board within fourteen days; the Board may vary, reverse or confirm the decision and must communicate its decision to the parties within fourteen days.
Section 82. Appeals to the Regulatory Board Section 82(1) A party aggrieved by the decision of a water services provider may appeal against the decision to the Regulatory Board in the prescribed manner within fourteen days from the date the decision was made. Section 82(2) The Regulatory Board may on appeal either vary, reverse or confirm the decision of the water service provider, and the Regulatory Board shall communicate its decision to the parties concerned within fourteen days from the time the decision is made. - 83 Verify source ↗
WATER SERVICES - 83. County owned water service provider to hold assets for the public
A county or cross-county public water service provider must hold county or national public water services assets on behalf of the public.
Section 83. County owned water service provider to hold assets for the public Section A county or a cross-county owned water service provider established as a public institution and operating and providing water services shall hold the county or national public water services assets on behalf of the public. - 84 Verify source ↗
WATER SERVICES - 84. Cabinet Secretary to make Regulations
The Cabinet Secretary must make Regulations to transfer national public assets to county water service providers; those Regulations must include arrangements to protect public assets when private sector participation occurs.
Section 84. Cabinet Secretary to make Regulations Section 84(1) The Cabinet Secretary shall make Regulations for the transfer of national public assets to the county water services providers in accordance with any law regulating the handing over and disposal of public assets. Section 84(2) The Regulations shall include arrangements to protect public assets in case of private sector participation such as the separation of operation from asset holding and development. - 85 Verify source ↗
WATER SERVICES - 85. Provision of water services
Persons may not provide water services unless they hold a licence issued by the Regulatory Board, with limited statutory exemptions.
Section 85. Provision of water services Section 85(1) A person shall not provide water services except under a licence issued by the Regulatory Board, upon submission of an application and such supporting documents as the Board may require. Section 85(2) A person who provides water services in contravention of this section commits an offence. Section 85(3)(a) by a person to their employees; Section 85(3)(b) on the premises of an institution including a hospital, factory, school, hotel, research station or other comparable institution, in cases where the source of supply of the water is lawfully under the control of the institution or where the water is supplied to such institution in bulk by a licensee; Section 85(3)(c) in circumstances which are prescribed by Regulations made by the Regulatory Board to be exempt from the requirement of a licence; or Section 85(3)(d) the provision or abstraction of sea water for the purposes of salt extraction. - 86 Verify source ↗
WATER SERVICES - 86. Procedure and requirements for obtaining a Iicence
Applications for a licence must be made in the prescribed form to the Regulatory Board and must include the listed supporting documentation and the prescribed fee; the Regulatory Board has discretion to grant or refuse.
Section 86. Procedure and requirements for obtaining a Iicence Section 86(1) An application for the licence under section 85 (1) shall be made in the prescribed form to the Regulatory Board. Section 86(2)(a) evidence that the applicant's board of directors complies with the standards set by the Regulatory Board under section 79 (2); Section 86(2)(b) the technical and financial capability of the applicant to provide the services and perform the functions authorized by the licence; Section 86(2)(c) evidence that the water services to be provided will be commercially viable; Section 86(2)(d) the applicant's business plans for the provision of efficient. affordable and sustainable water services; Section 86(2)(e) details of planned financial and infrastructural improvements; Section 86(2)(f) a proposed tariff structure; and Section 86(2)(g) any other information required by the Regulatory Board. Section 86(3) The application shall be made by completing and lodging the prescribed form together with the supporting documentation and the prescribed fee. Section 86(4) The Regulatory Board shall have discretion to grant or refuse to grant an application for a licence submitted under subsection (1). Section 86(5)(a) the applicant has the requisite technical and financial competence to provide the services to which the licence relates; Section 86(5)(b) the applicant has demonstrated that the water services to be provided will be commercially viable; Section 86(5)(c) the applicant has presented a sound plan for the provision of an efficient, affordable and sustainable water service; Section 86(5)(d) the applicant has proposed satisfactory performance targets and planned improvements and an acceptable tariff structure; Section 86(5)(e) the applicant or any water services provider by whom the functions authorized by the licence are to be performed, will provide the water services authorised by the licence on a commercial basis and in accordance with sound business principles; Section 86(5)(f) where water services authorised by the licence are to be provided by a water services provider which conducts some other business or performs other functions not authorised by the licence, the supply of those services will be undertaken, managed and accounted for as a separate business enterprise; and Section 86(5)(g) the applicant has met any other requirements which the Regulatory Board may consider necessary for the efficient provision of the services to be provided under the licence. - 87 Verify source ↗
WATER SERVICES - 87. Application for a licence subject to public consultation
Applications for a licence require public participation and allow written objections; the Regulatory Board must decide within six months, notify parties of decisions with reasons, and appeals to the Tribunal are allowed within thirty days; fees must be refunded if the Board does not decide within six months.
Section 87. Application for a licence subject to public consultation Section 87(1) An application for a licence shall be subject to public participation. Section 87(2) Any person opposed to the grant of a licence may object, in writing, to the Regulatory Board. Section 87(3) The Regulatory Board shall make a determination on an application for a licence within six months after the applicant lodges the application. Section 87(4) The Regulatory Board shall notify the applicant and the objector of its decision and, in the event of the rejection of an application or objection, of the reasons for the decision. Section 87(5) An applicant or objector may, if aggrieved by the decision of the Regulatory Board, appeal to the Tribunal within thirty days of the date of the notification of the decision. Section 87(6) Where the Regulatory Board does not determine the application within six months of receipt of the application, any fee charged by the Regulatory Board under section 86 (3) shall be refunded to the applicant. - 88 Verify source ↗
WATER SERVICES - 88. Licence not to confer any rights of proprietorship to the licensee
Licences only authorize a water services provider to provide services in the specified area and do not confer proprietorship; the Regulatory Board may require security from applicants; licensees must present a development plan within twelve months (or a longer period the Board may determine).
Section 88. Licence not to confer any rights of proprietorship to the licensee Section 88(1) A licence shall only authorise a water services provider to provide water services in the area specified in the licence and shall not confer any rights of proprietorship and in particular, the licence shall not be capable of being sold, leased, mortgaged, transferred, attached, assigned, demised or encumbered. Section 88(2) The Regulatory Board may require the applicant to deposit with it a guarantee or other acceptable security for the purpose of securing payment by the applicant of any expenses recoverable from the licensee, for or towards the costs incurred in discharging the functions of the licensee in cases of default. Section 88(3) As a condition for the licence, a licensee shall, within twelve months of receipt of the licence, or such other longer period as the Regulatory Board may determine, formulate and present to the Regulatory Board, a development plan for extending services to persons not receiving water services within such licensee's area of operation, a time frame for the implementation of the plan and a resource mobilization strategy. - 89 Verify source ↗
WATER SERVICES - 89. Licence fees
A licensee must pay licence fees to the Regulatory Board on issue of the licence and at prescribed intervals; the Regulatory Board determines the fees (by reference to a schedule published in the Gazette).
Section 89. Licence fees Section 89(1) A licensee shall pay to the Regulatory Board, as the case may be, on issue of the licence and at prescribed intervals thereafter, such licence fees as the Regulatory Board may determine. Section 89(2) The fee shall be determined by reference to a schedule of fees published in the Gazette from time to time by the Regulatory Board. - 90 Verify source ↗
WATER SERVICES - 90. Conditions of Licence
The Regulatory Board may impose additional licence conditions; the licensee must maintain a contingency fund in the prescribed manner for renewal, repair, enlargement or improvement of licensed plant, equipment, facilities or works or for other prescribed contingencies.
Section 90. Conditions of Licence Section 90(1)(a) conditions prescribed by Regulations made under this Act; and Section 90(1)(b) such other conditions, not inconsistent with the conditions prescribed, as the Regulatory Board may impose in the licence or by endorsement in an instrument annexed to the licence. Section 90(2)(a) require the imposition of prescribed conditions in prescribed circumstances; and Section 90(2)(b) require the licensee to maintain, in the prescribed manner, a contingency fund for the purpose of renewal, repair, enlargement or improvement of any plant, equipment, facilities or works used for the purposes of the licence or for meeting any other prescribed contingency. - 91 Verify source ↗
WATER SERVICES - 91. Duty to provide water services
A water services provider (as licensee) must ensure efficient and economical provision of water services to fulfil rights to water and comply with licence conditions; the provider may acquire premises, plant, equipment, facilities and land (including seeking compulsory acquisition under applicable laws).
Section 91. Duty to provide water services Section 91(1) A water services provider shall, as the licensee, be responsible for the efficient and economical provision of water services so as to fulfil the rights to water and any other conditions specified in the licence. Section 91(2)(a) purchase, lease or otherwise acquire, premises, plant, equipment and facilities; and Section 91(2)(b) purchase, lease or otherwise acquire land, or request for its compulsory acquisition in accordance with the applicable laws. - 92 Verify source ↗
WATER SERVICES - 92. Consumer complaints
Every water services provider must set up a mechanism to handle consumer complaints that meets Regulatory Board standards.
Section 92. Consumer complaints Section Every water services provider shall establish a mechanism for handling consumer complaints which meets the standards set by the Regulatory Board. - 93 Verify source ↗
WATER SERVICES - 93. Public Private Partnerships
Contracting authorities may enter into public private partnerships; such partnerships must be in writing with Regulatory Board approval and agreements must set out terms for continued use of assets. The contracting authority must complete unfinished work if a private party fails, parties must coordinate, and each party must allocate identifiable project components and responsibilities.
Section 93. Public Private Partnerships Section 93(1) A contracting authority may enter into a public private partnership or public partnerships for the exercise and performance by another person as a licensee, of some or all of its functions with respect to a part or the whole of its area of water service provision. Section 93(2) The partnership shall be in writing subject to the approval of the Regulatory Board. Section 93(3) Where the person entering into an agreement with the contracting authority owns or possesses assets or infrastructure used for the contracted function, the agreement shall set out the terms and conditions under which the assets may continue to be used. Section 93(3A) Where a person entering into an agreement with the contracting authority fails to complete the project, the contracting authority shall take up the remaining works and complete the project. Section 93(3B) Where a party to an agreement and the contracting authority jointly or concurrently participate in undertaking the project works, the party and the contracting authority shall undertake mutual co-ordination, integration and consultation in the implementation of the whole project. Section 93(3C) Subject to subsection (3B), each party to an agreement shall select identifiable components of the project and set out specific financial and non-financial responsibilities attached to each party on each of the components of the project. Section 93(4) A power or function conferred by a licence or otherwise conferred under this Act may be exercised or performed by another person acting under an agreement with the licensee and shall be deemed, when exercised or performed by that other person, to have been exercised or performed by the licensee. [Act No. 13 of 2024 , s. 9.] - 94 Verify source ↗
WATER SERVICES - 94. Special provisions with respect to rural areas not commercially viable
County governments must put in place measures to provide water services in rural areas not commercially viable, prepare and submit annually a five-year development and financing plan to the Regulatory Board and the Cabinet Secretary, and the Cabinet Secretary must provide technical, financial and other assistance.
Section 94. Special provisions with respect to rural areas not commercially viable Section 94(1) Nothing in this Act shall deprive any person or community of water services on the grounds only that provision of such services is not commercially viable. Section 94(2) Every county government shall put in place measures for the provision of water services to rural areas which are considered not to be commercially viable for the provision of water services. Section 94(3) The measures referred to in subsection (2) shall include the development of point sources, small scale piped systems and stand pipes which meet the standards set by the Regulatory Board and which may be managed by the community associations, public benefits organizations or a private person under a contract with the county government. Section 94(4) In order to implement its obligations under this section, a county government shall formulate and submit annually to the Regulatory Board and to the Cabinet Secretary, a five year development plan incorporating an investment and financing plan for the provision of water services in the rural areas referred to subsection (1) within its area of jurisdiction. Section 94(5) The Cabinet Secretary shall provide technical, financial and other assistance to a county government to enable the county government to discharge its responsibility under this section. - 95 Verify source ↗
WATER SERVICES - 95. Variation of terms or conditions of a licence
The Regulatory Board may, on the application of a licensee, vary the terms and conditions of a licence, but no such variation shall be made without prior public consultation except as Regulations provide.
Section 95. Variation of terms or conditions of a licence Section 95(1) The Regulatory Board may, on the application of a licensee, vary the terms and conditions of the licence. Section 95(2) Except as otherwise provided by Regulations made under this Act, no such variation shall be made without prior public consultation. - 96 Verify source ↗
WATER SERVICES - 96. Areas of water service
A licence prescribes the area of water service; that area must not be smaller than what is required for a commercially viable water service. The prescribed area may, but need not, match county government boundaries.
Section 96. Areas of water service Section 96(1) The area of water service provision shall be prescribed by a licence and shall not be less than the area required for a commercially viable water service. Section 96(2) The area so prescribed may, but need not, coincide with the boundaries of the area or areas of jurisdiction of one or more county governments. - 97 Verify source ↗
WATER SERVICES - 97. Clustering of areas of water service provision
The Regulatory Board may order joint provision or transfer of water services and vary licences; the Board may permit joint provision or transfers; the Cabinet Secretary, with the Board, must make rules on circumstances for joint provision; aggrieved licensees may appeal to the Tribunal.
Section 97. Clustering of areas of water service provision Section 97(1)(a) permit the joint provision, by two or more licensees, of water services on such terms as it may approve; or Section 97(1)(b) permit the transfer of a water service, or a part thereof, from one licensee to another licensee. Section 97(2) Where it appears necessary to the Regulatory Board, for the purpose of securing a commercially viable water service, it may, by notice in the Gazette , order a joint provision of water services or a transfer of water service and vary the relevant licenses accordingly. Section 97(3) An order made under this section may make such incidental, consequential and supplementary provision as the Regulatory Board considers necessary for the purpose of carrying out the order. Section 97(4) The Cabinet Secretary in consultation with the Regulatory Board shall make rules, setting out circumstances under which the provision of joint water services may be ordered. Section 97(5) A licensee aggrieved by the provisions of the order may appeal to the Tribunal. - 98 Verify source ↗
WATER SERVICES - 98. Variation of areas of service
The Regulatory Board may vary a licensee's area of water service (including by order published in the Gazette) when it appears necessary or cannot be otherwise secured, may do so without another licensee's consent if that licensee cannot meet demand or provide a commercially viable service, may make incidental provisions to carry out the order, and an aggrieved licensee may appeal to the Tribunal.
Section 98. Variation of areas of service Section 98(1)(a) on the application of a licensee whose area of water service is to be varied and with the consent of any other licensees affected; or Section 98(1)(b) without the consent, or against the objections of any such other licensee, if the Regulatory Board is satisfied that the other licensee is unable to meet the demands for water in its area of jurisdiction or is otherwise unable to provide a commercially viable service. Section 98(2) Where it appears to the Regulatory Board that it is necessary to vary the area of water service of a licensee and the Regulatory Board is satisfied that such a variation cannot be otherwise secured it may, by order published in the Gazette , effect the variation accordingly. Section 98(3) An order made under this section may make such incidental, consequential and supplementary provisions as the Regulatory Board may consider necessary for the purpose of carrying out the order. Section 98(4) A licensee aggrieved by the provisions of an order made under this section may appeal to the Tribunal. - 99 Verify source ↗
WATER SERVICES - 99. Provision of water service outside the area of supply
The Regulatory Board may direct a licensee to provide water services outside its area; other licensees within whose area the premises lie may give at least three months' notice to take over; on transfer the supplying licensee ceases rights and duties except to recover rates and remove/vacate pipes, which vest in the taking licensee; costs and sums for plant are recoverable or determined.
Section 99. Provision of water service outside the area of supply Section 99(1) Subject to any Regulations made under this Act, the Regulatory Board may direct a licensee to provide water services, outside its area of water services jurisdiction. Section 99(2) Where under this section a licensee, in this section called the "supplying licensee", is providing water services to premises outside its area of supply, any other licensee within whose area of supply those premises are situated may, in the absence of any agreement to the contrary, give not less than three months' notice to the supplying licensee that the licensee is able and intends to provide water services to the premises. Section 99(3) A notice given under subsection (2) shall not be valid unless it relates to all the premises to which the water services are being provided by the supplying licensee in accordance with this section. Section 99(4) If on the expiration of the notice under subsection (2) the licensee giving the notice commences to supply water to the premises covered by the notice, the supplying licensee shall, except for the purpose of recovering water rates or other charges or expenses lawfully recoverable by the supplying licensee, and of removing any pipes, plant or apparatus belonging to the supplying licensee, cease to have any rights or duties in respect of providing water services to the premises concerned. Section 99(5) The supplying licensee shall not remove any pipes, plant or apparatus which are required by the licensee giving the notice, and any such pipes, plant or apparatus shall vest in the licensee giving the notice. Section 99(6)(a) any expenses reasonably incurred by the supplying licensee for the purpose of providing water services to the premises referred to in the notice; Section 99(6)(b) such sum in respect of any pipes, plant or apparatus vested in the licensee giving the notice as may be agreed or, in default of agreement, as may be determined by the Regulatory Board. Section 99(7) While the supplying licensee is in accordance with this section authorized to provide water services outside its area of service, any Regulations relating to its water service shall have effect as if the area to which those services were provided were within those limits.
Part IX
TRANSITIONAL PROVISIONS
- 148 Verify source ↗
TRANSITIONAL PROVISIONS - 148. Transfer of functions, assets, liability and staff from Water Resource Management Authority
Transfers to the Authority the property, assets, rights, liabilities and existing arrangements of the former Water Resources Management Authority; continues pending legal proceedings against or by the former Authority by or against the Authority; and deems former employees to be employees of the Authority or basin water resources boards on terms determined by the relevant bodies with advice from the Salaries and Remuneration Commission.
Section 148. Transfer of functions, assets, liability and staff from Water Resource Management Authority Section 148(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the Water Resources Management Authority established under the Water Act, 2002 (repealed) shall upon commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Authority to the same extent as they were enforceable by or against the Water Resource Management Authority before the commencement of this Act. Section 148(2) Any legal proceedings pending in any court, the Water Appeal Board or other tribunal by or against the Water Resources Management Authority established under the Water Act, 2002 (repealed) in respect of any matter shall continue by or against the Authority. Section 148(3) A person who immediately before the commencement of this Act was an employee of the Water Resources Management Authority established under the Water Act, 2002 (repealed) shall, on the commencement of this Act, be deemed to be an employee of either the Authority or the basin water resources boards as the case may be on terms to be determined by the relevant bodies subject to the advice of the Salaries and Remuneration Commission. - 149 Verify source ↗
TRANSITIONAL PROVISIONS - 149. Transfer of functions, assets, liability and staff from National Water Conservation and Pipeline Corporation to National Water Harvesting and Storage Authority
Transfers non-water-services property, rights and liabilities from the National Water Conservation and Pipeline Corporation to the National Water Harvesting and Storage Authority; pending proceedings continue by or against the new Authority; employees of the former Corporation are deemed employees of the new Authority on terms to be determined by the Salaries and Remuneration Commission.
Section 149. Transfer of functions, assets, liability and staff from National Water Conservation and Pipeline Corporation to National Water Harvesting and Storage Authority Section 149(1) All property, assets, rights, liabilities. obligations, agreements and other arrangements not linked to water services provision as provided for in section 148 , existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the National Water Conservation and Pipeline Corporation established by the National Water Conservation and Pipeline Corporation Order, 1988 (L.N. 270/1988) shall, upon the commencement of this Act be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Water Harvesting and Storage Authority to the same extent as they were enforceable by or against the National Water Conservation and Pipeline Corporation before the commencement of this Act. Section 149(2) Any legal proceedings pending in any court, the Water Appeal Board or other tribunal by or against the National Water Conservation and Pipeline Corporation in respect of any matter, shall continue by or against the National Water Harvesting and Storage Authority. Section 149(3) A person who immediately before the commencement of this Act was an employee of the National Water Conservation and Pipeline Corporation shall, on the commencement of this Act, be deemed to be an employee of the National Water Harvesting and Storage Authority on terms to be determined by the Salaries and Remuneration Commission. - 150 Verify source ↗
TRANSITIONAL PROVISIONS - 150. Transfer of functions, assets, liabilities and staff from the Water Services Regulatory Board to the Regulatory Board
The section transfers property, assets, rights, liabilities, obligations, agreements and arrangements from the Water Services Regulatory Board to the Regulatory Board; pending legal proceedings continue against the Regulatory Board; and employees of the former Board are deemed employees of the Regulatory Board on terms determined by the Salaries and Remuneration Commission.
Section 150. Transfer of functions, assets, liabilities and staff from the Water Services Regulatory Board to the Regulatory Board Section 150(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the Water Services Regulatory Board established by the Water Act, 2002 (repealed) shall, upon commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Regulatory Board to the same extent as they were enforceable by or against the Water Services Regulatory Board before the commencement of this Act. Section 150(2) Any legal proceedings pending in any court, the Water Appeal Board or other tribunal by or against the Water Services Regulatory Board established under the Water Act, 2002 (repealed) in respect of any matter shall continue by or against the Regulatory Board. Section 150(3) A person who immediately before the commencement of this Act was an employee of the Water Services Regulatory Board established under the Water Act, 2002 (repealed) shall, on the commencement of this Act, be deemed to be an employee of the Regulatory Board on terms to be determined by the Salaries and Remuneration Commission. - 151 Verify source ↗
TRANSITIONAL PROVISIONS - 151. Transfer of functions, assets, liabilities and staff from the Water Services Trust Fund to the Water Sector Trust Fund
Employees of the repealed Water Services Trust Fund are deemed to be employees of the Water Sector Trust Fund on commencement, with terms to be determined by the Salaries and Remuneration Commission.
Section 151. Transfer of functions, assets, liabilities and staff from the Water Services Trust Fund to the Water Sector Trust Fund Section 151(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the Water Services Trust Fund established by the Water Act, 2002 (repealed) shall, upon the commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Water Sector Trust Fund to the same extent as they were enforceable by or against the Water Services Trust Fund before the commencement of this Act. Section 151(2) Any legal proceedings pending in any court, the Water Appeal Board or other tribunal by or against the Water Services Trust Fund established under the Water Act, 2002 (repealed) in respect of any matter shall continue by or against the Water Sector Trust Fund. Section 151(3) Any person who immediately before the commencement of this Act is an employee of the Water Services Trust Fund established under the Water Act, 2002 (repealed) shall, on the commencement of this Act, be deemed to be an employee of the Water Sector Trust Fund on the terms to be determined by the Salaries and Remuneration Commission. - 152 Verify source ↗
TRANSITIONAL PROVISIONS - 152. Transfer of functions, assets, liabilities and staff from water services boards to water works development agencies
On commencement, assets, rights, liabilities and contracts of the water services boards are treated as transferred to the water works development agencies; employees at commencement are to be deployed as determined by the Cabinet Secretary; the Cabinet Secretary must publish a plan of transfer in consultation with county and public sector institutions.
Section 152. Transfer of functions, assets, liabilities and staff from water services boards to water works development agencies Section 152(1) Subject to the Transition to Devolved Government Act, 2012 ( No. 1 of 2012 ) all property, assets, rights, liabilities, obligations, agreements and other arrangements existing concerning the operation of water services boards at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the water services boards established by the Water Act, 2002 (repealed) shall, upon commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the water works development agencies to the same extent as they were enforceable by or against the water services boards before the commencement of this Act. Section 152(2) Any legal proceedings pending in any court, the Water Appeal Board or other tribunal by or against the water services board established under the Water Act, 2002 (repealed) in respect of any matter shall continue by or against the water works development agencies. Section 152(3) A person who at the commencement of this Act is an employee of the water services boards established under the Water Act, 2002 (repealed) shall be deployed as may be determined by the Cabinet Secretary to the public sector institutions or to the county governments. Section 152(4) The Cabinet Secretary will publish, in consultation with the county and public sector institutions referred to in subsection (3), a plan of transfer of staff, assets, liabilities and contracts. [ LN 27 of 2019 .] - 153 Verify source ↗
TRANSITIONAL PROVISIONS - 153. Transfer of functions, assets, liabilities, obligations, agreements and other arrangements to county or cross-county water service providers**
On commencement, property, assets, rights, liabilities, obligations, agreements and other arrangements linked to water service provision that were vested in or held by the water services boards and the National Water Conservation and Pipeline Corporation are deemed to have vested in county or cross-county water services providers; other public property, liabilities and contracts for water services are to be held in trust by the water services provider subject to Regulations, except that some public property, liabilities and contracts shall be vested in cross-county providers.
Section 153. Transfer of functions, assets, liabilities, obligations, agreements and other arrangements to county or cross-county water service providers** Section 153(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements linked to water service provision existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the water services boards and the National Water Conservation and Pipeline Corporation shall, upon commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf the county water services providers or cross county water services providers to the same extent as they were enforceable by or against the water services boards and the National Water Conservation and Pipeline Corporation before the commencement of this Act. Section 153(2) Any other public property, liabilities and contract for water services provision shall be held in trust for the public by the water services provider subject to such terms or provisions as may be specified in the Regulations for the exception of public property, liabilities and contracts which shall be vested in cross-county water services providers. Section 153(3) Revoked by L.N. 60/2017* . [*Provided that the revocation shall not apply to the Water Appeals Board and water services boards.] [**L.N. 59/2017:Section 153shall not commence in so far as it relates to the water services boards.] [ LN 59 of 2017 , LN 60 of 2017 .] - 154 Verify source ↗
TRANSITIONAL PROVISIONS - 154. Water service providers to continue to operate
Existing water services providers must continue to operate as county or cross-county water services providers within the period specified in the Cabinet Secretary's published transfer plan.
Section 154. Water service providers to continue to operate Section The existing water services providers shall continue to operate as the county water services providers or cross county water services providers as the case may be within the period specified in the transfer plan published by the Cabinet Secretary. - 155 Verify source ↗
TRANSITIONAL PROVISIONS - 155. Transfer of functions, assets, liability and staff from Water Appeals Board to Water Tribunal
On commencement, all property, assets, rights, liabilities, obligations, agreements and other arrangements of the Water Appeals Board vest in the Water Tribunal; pending legal proceedings continue in the Water Tribunal; employees of the Water Appeals Board are deemed employees of the Water Tribunal on terms to be determined by the Salaries and Remuneration Commission.
Section 155. Transfer of functions, assets, liability and staff from Water Appeals Board to Water Tribunal Section 155(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested, acquired, incurred or entered into by or on behalf of the Water Appeals Board established by the Water Act, 2002 (repealed) shall upon commencement of this Act be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Water Tribunal to the same extent as they were enforceable by or against the Water Appeals Board before the commencement of this Act. Section 155(2) Any legal proceedings pending in the Water Appeals Board established under the Water Act, 2002 (repealed) in respect of any matter shall continue in the Water Tribunal. Section 155(3) A person who immediately before the commencement of this Act is an employee of the Water Appeals Board established under the Water Act, 2002 shall, on the commencement of this Act be deemed to be an employee of the Water Tribunal on terms to be determined by the Salaries and Remuneration Commission. - 156 Verify source ↗
TRANSITIONAL PROVISIONS - 156. Repeals, Savings and Transitional Provisions
Certain bodies and persons under the repealed Water Act, 2002 are to continue in existence or to continue performing functions (with permission to exercise vested powers) until the Cabinet Secretary revokes that continuation; and regulations must require transfers to be completed within three years of commencement.
Section 156. Repeals, Savings and Transitional Provisions Section 156(1) The Water Act, 2002 is repealed. Section 156(2) The National Water Conservation and Pipeline Corporation Order, 1988 (L.N. 270/1988) is revoked. Section 156(3)(a) the Water Appeals Board, Water Resources Management Authority, a water services board or a water services provider and any other body established under an enactment repealed by this section shall be deemed to continue in being; and Section 156(3)(b) any person or body performing any functions under the Water Act, 2002 (repealed) shall continue to do so, and in so doing may exercise any power vested in that person or body with respect to the performance of those functions, until the Cabinet Secretary, by notice in the Gazette revokes this subsection in full or in part as may be necessary.* Section 156(4) Without prejudice to subsection (3), Regulations made under section 142 (2)(i) shall require that the transfer of functions, assets, liabilities and staff shall be completed within a period of three years following the commencement of the Act. Section 156(5) The provisions of the Environmental Management and Co-ordination Act (Cap. 387) relating to water resources conservation and protection and water pollution control shall be exercised subject to the relevant provision of this Act and only in the event that the Board has failed or neglected to take appropriate action to exercise its powers and functions under this Act. * [L.N. 60/2017 Revokes Section 156 (3): Provided that the revocation shall not apply to the Water Appeals Board and water services boards, L.N. 226/2022 Section 156 (3) in so far as it applies to the Water Appeals Board.] - 157 Verify source ↗
TRANSITIONAL PROVISIONS - 157. Existing water rights
Existing water rights under any provision of the Water Act, 2002 (repealed).
Section 157. Existing water rights Section under any provision of the Water Act, 2002 (repealed); - 158 Verify source ↗
TRANSITIONAL PROVISIONS - 158. Responsibility of a county government
A county government must give effect to national water services standards and conditions set by the Regulatory Board for purposes of ensuring consumer protection.
Section 158. Responsibility of a county government Section give effect to national water services standards and conditions set by the Regulatory Board for purposes of ensuring consumer protection; and
Part V
WATER SECTOR TRUST FUND
- 113 Verify source ↗
WATER SECTOR TRUST FUND - 113. Establishment of the Water Sector Trust Fund
Establishes the Water Sector Trust Fund and states that the Fund is a body corporate with perpetual succession and a common seal and has power to sue and be sued and to do acts necessary to further its objects.
Section 113. Establishment of the Water Sector Trust Fund Section 113(1) There is established a water sector financing institution to be known as the Water Sector Trust Fund. Section 113(2) The Fund is a body corporate with perpetual succession and a common seal and shall have power, in its corporate name, to sue and to be sued and, in the exercise and performance of its powers and functions, to do and permit all such things as may lawfully be done or permitted by a body corporate in furtherance of its objects. - 114 Verify source ↗
WATER SECTOR TRUST FUND - 114. Objects of the Fund
Objects of the Fund: community level initiatives for the sustainable management of water resources.
Section 114. Objects of the Fund Section community level initiatives for the sustainable management of water resources; - 115 Verify source ↗
WATER SECTOR TRUST FUND - 115. Board of Trustees of the Fund
The Fund's powers and functions must be exercised under the direction of a Board of Trustees; the Board must consist of a chairperson and six other members recruited according to the First Schedule.
Section 115. Board of Trustees of the Fund Section 115(1) The powers and functions of the Fund shall be exercised and performed under the direction of a Board of Trustees from time to time appointed and holding office under a trust deed to be drawn by the Cabinet Secretary. Section 115(2) The Board of Trustees shall consist of a chairperson and six other members recruited in accordance with the First Schedule. Section 115(3) The First Schedule shall have effect with respect to the membership and procedure of the Board of Trustees of the Fund. - 116 Verify source ↗
WATER SECTOR TRUST FUND - 116. Functions of the Board of Trustees
The Board of Trustees is responsible for managing and mobilizing the Fund's resources, formulating financing principles and procedures with governments, monitoring and publishing project information, receiving grants for onward lending (subject to repayment capacity), establishing subsidiary funds, developing incentive programmes, and publishing funding qualification criteria after public consultation.
Section 116. Functions of the Board of Trustees Section 116(1)(a) manage the resources of the Fund; Section 116(1)(b) mobilize additional resources for the Fund; Section 116(1)(c) formulate and implement principles, Regulations and procedures in consultation with the national government and county governments for financing projects, including efficiency and effectiveness of funds; Section 116(1)(d) rural and urban areas where access to basic water services is below the national average; and Section 116(1)(d)(i) rural and urban areas where access to basic water services is below the national average; and Section 116(1)(d)(ii) rural areas which are vulnerable to the degradation or depletion of water resources; Section 116(1)(e) monitor the implementation of projects; Section 116(1)(f) maintain and make public available information on the projects financed and impact of such projects; Section 116(1)(g) receive grants for onward lending to water services providers, counties, and registered community schemes towards water services and water resources management projects for the underserved areas and urban poor; Section 116(1)(h) establish and manage subsidiary funds as may be necessary for sustainable financing towards water services and water resource management; and Section 116(1)(i) in collaboration with relevant institutions develop incentive programmes for water resources management including disaster management, climate change adaptation and mitigation. Section 116(2) The provisions of subsection (1)(g) shall only apply to water service providers, counties and registered community schemes, that can afford the repayment of the funds advanced, and profits thereof used to finance water services and water resources management projects for the underserved areas and urban poor. Section 116(3) The Board of Trustees of the fund shall, following public consultation, gazette the criteria for qualification for funding from the Fund taking account of considerations of equity and may from time to time following public consultation review the criteria. - 117 Verify source ↗
WATER SECTOR TRUST FUND - 117. Monies of the fund
Section 117(2) empowers the Cabinet Secretary to, by Regulations after public consultation, prescribe a levy on consumers of piped water supplied by licensed water service providers.
Section 117. Monies of the fund Section 117(1)(a) appropriated by Parliament from the national budget for the purposes of the Fund; Section 117(1)(b) provided to the Fund from the Equalisation Fund on agreed programmes; Section 117(1)(c) provided to the Fund by a county government on agreed programmes; Section 117(1)(d) received by the Fund from donations, grants, and bequests from other sources; Section 117(1)(e) the proceeds of the levy imposed under subsection (2); and Section 117(1)(f) payable into the Fund under any Act. Section 117(2) The Cabinet Secretary may, by Regulations following public consultation prescribe a levy to be paid by consumers of piped water supplied by licensed water service providers, the proceeds of which shall be paid into the Fund established under section 113 . - 118 Verify source ↗
WATER SECTOR TRUST FUND - 118. Staff of the Fund
The Fund must have a Chief Executive Officer (CEO); the Board of Trustees appoints the CEO on terms determined by the Cabinet Secretary on advice of the Salaries and Remuneration body. The CEO is the Fund's accounting officer and manages its affairs subject to Fund directions. The Fund may appoint other staff on terms determined by the Cabinet Secretary on advice.
Section 118. Staff of the Fund Section 118(1) The Fund shall have Chief Executive Officer who shall be appointed by the Board of Trustees on such terms and conditions of service as the Cabinet Secretary responsible for matters relating to public service on the advice of the Salaries and Remuneration Regulatory Authority may determine. Section 118(2) The Chief Executive Officer shall be the accounting officer of the Fund and, subject to the directions of the Fund, shall be responsible for the management of the affairs of the Fund. Section 118(3) The Fund may appoint such officers and other staff as may be necessary for the exercise and performance of its functions, upon such terms and conditions as the Cabinet Secretary responsible for matters relating to public service on the advice of the Salaries and Remuneration Commission may determine.
Part VI
DISPUTE RESOLUTION
- 119 Verify source ↗
DISPUTE RESOLUTION - 119. Establishment of the Water Tribunal
Establishes a Water Tribunal, sets membership qualifications, three-year terms with one possible reappointment, and allows the Judicial Service Commission to determine remuneration in consultation with the Salaries and Remuneration Commission.
Section 119. Establishment of the Water Tribunal Section 119(1) There is established a Water Tribunal. Section 119(2)(a) a Chairperson who shall be an advocate of the High Court of Kenya with not less than ten years’ post qualification experience; Section 119(2)(b) two persons one of whom shall be a registered civil engineer and the other a registered water engineer, with at least ten years’ experience; and Section 119(2)(c) two persons who possess a degree from university recognized in Kenya and at least five years’ experience in a relevant field. Section 119(3) The Chairperson and members of the Water Tribunal shall be appointed for a term of three years and shall be eligible for reappointment for one further term of three years. Section 119(4) The Chairperson and members of the Water Tribunal shall be paid such remuneration and allowances as the Judicial Service Commission may, in consultation with the Salaries and Remuneration Commission, determine. [Act No. 13 of 2024 , s. 11.] - 120 Verify source ↗
DISPUTE RESOLUTION - 120. Staff of the Water Tribunal
The Judicial Service Commission must appoint, remove from office, or discipline the staff of the Water Tribunal.
Section 120. Staff of the Water Tribunal Section The staff of the Tribunal shall be appointed, removed from office or otherwise disciplined by the Judicial Service Commission in accordance with Article 172(1)(c) of the Constitution. - 121 Verify source ↗
DISPUTE RESOLUTION - 121. Jurisdiction of the Tribunal
The Tribunal must exercise its powers under the Act and hear and determine appeals by persons or institutions directly affected by decisions or orders of the Cabinet Secretary, the Authority and Regulatory Board.
Section 121. Jurisdiction of the Tribunal Section 121(1) The Tribunal shall exercise the powers and functions set out in this Act and in particular shall hear and determine appeals at the instance of any person or institution directly affected by the decision or order of the Cabinet Secretary, the Authority and Regulatory Board or of any person acting under the authority of the Cabinet Secretary, the Authority and Regulatory Board. Section 121(2) In addition to the powers set out in subsection (1), the Tribunal shall have the power to hear and determine any dispute concerning water resources or water services where there is a business contract, unless the parties have otherwise agreed to an alternative dispute resolution mechanism. - 122 Verify source ↗
DISPUTE RESOLUTION - 122. Proceedings of the Tribunal
The Tribunal must make rules governing its procedures.
Section 122. Proceedings of the Tribunal Section The Tribunal shall make Rules governing its procedures. - 123 Verify source ↗
DISPUTE RESOLUTION - 123. Determination of appeals and disputes
When deciding an appeal, the Tribunal may affirm, quash or vary the decision or order.
Section 123. Determination of appeals and disputes Section In determining an appeal, the Tribunal may affirm, quash or vary the decision or order. - 124 Verify source ↗
DISPUTE RESOLUTION - 124. Appeals to the Land and Environment Court
A person aggrieved by a Tribunal decision may appeal to the Land and Environmental Court within twenty-one days on an issue of law.
Section 124. Appeals to the Land and Environment Court Section A person aggrieved by a decision of the Tribunal may, within twenty-one days from the date of that decision, appeal to the Land and Environmental Court, established under article 162(2) of the Constitution on an issue of law. - 125 Verify source ↗
DISPUTE RESOLUTION - 125. Decisions binding if no appeal within thirty days
A decision by a water basin organization, the Authority, the Regulatory Board or the Tribunal is binding on all parties if no appeal is filed within thirty days of the decision.
Section 125. Decisions binding if no appeal within thirty days Section A decision of a water basin organization, the Authority, the Regulatory Board or the Tribunal against which no appeal has been preferred within thirty days from the date on which the decision was made, shall be binding on all parties.
Part VII
FINANCIAL PROVISIONS
- 126 Verify source ↗
FINANCIAL PROVISIONS - 126. Funds of the Authority, Regulatory Board, Water Harvesting and Storage Authority and Water Works Development Agencies
Monies allocated by Parliament for each body corporate established under this Act are for the Authority, Regulatory Board, Water Harvesting and Storage Authority and Water Works Development Agencies.
Section 126. Funds of the Authority, Regulatory Board, Water Harvesting and Storage Authority and Water Works Development Agencies Section monies allocated by Parliament for the purposes of the each body corporate established under this Act; - 127 Verify source ↗
FINANCIAL PROVISIONS - 127. Financial year
Each body corporate established under this Act must have a financial year of twelve months from 1 July to 30 June.
Section 127. Financial year Section The financial year of each body corporate established under this Act shall be the period of twelve months beginning the first July and ending on the thirtieth June in each year. - 128 Verify source ↗
FINANCIAL PROVISIONS - 128. Annual estimates
Each body corporate established under this Act must cause estimates of its revenue and expenditure for the year to be prepared three months before the commencement of each financial year.
Section 128. Annual estimates Section 128(1) Three months before the commencement of each financial year, each body corporate established under this Act shall cause to be prepared estimates of the revenue and expenditure of the body corporate for that year. Section 128(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the body corporate; Section 128(2)(b) the payment of pensions, gratuities and other charges and in respect of benefits which are payable out of the funds of the body corporate; Section 128(2)(c) the maintenance of the buildings and grounds of the body corporate; Section 128(2)(d) the funding of training, research and development of activities of the body corporate; and Section 128(2)(e) the creation of such funds to meet future or contingent liabilities in respect of benefits, insurance or replacement of buildings or installations, equipment and in respect of such other matters as the body corporates may consider necessary. - 129 Verify source ↗
FINANCIAL PROVISIONS - 129. Accounts and audit
Every body corporate established under the Act must keep proper books and records of account showing income, expenditure, assets and liabilities.
Section 129. Accounts and audit Section 129(1) Every body corporate established under this Act shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities. Section 129(2)(a) statement of the income and expenditure of the body corporate during that year; and Section 129(2)(b) statement of the assets and liabilities of the body corporate on the last day of that financial year. Section 129(3) The annual accounts of the body corporate shall be prepared, audited and reported upon in accordance with the provisions of the Constitution and the Public Audit Act (Cap. 412B). - 130 Verify source ↗
FINANCIAL PROVISIONS - 130. Retention of charges and fees
The Authority, the Regulatory Board and the Water Storage Authority may retain specified revenues in a fund and shall use that revenue to meet costs of performing their functions.
Section 130. Retention of charges and fees Section The Authority, the Regulatory Board and the Water Storage Authority may, subject to the Public Finance Management Act (Cap. 412A) retain in a fund managed by the respective bodies, the revenue from permit charges, water user fees, regulatory levy, licence fees and any other authorized charges and shall use such revenue in meeting the costs incurred in the performance of their functions. - 131 Verify source ↗
FINANCIAL PROVISIONS - 131. Funds collected by water services providers
Licensed water services providers must use all funds collected for water services solely to cover water service provision costs and asset development under Board regulations; they are not required to pay fees for use of public assets except loan repayments.
Section 131. Funds collected by water services providers Section 131(1) All funds collected for water services by the licensed water services providers holding county or national public assets on behalf of the public through water services bills and other sources, shall be used entirely for the purpose of covering costs for the provision of water services and asset development according to Regulations made by the Regulatory Board. Section 131(2) The licensed water services providers shall not be required to pay any fees for the use of public assets for the provision of water services other than the repayments of loans acquired for the development of those assets. Section 131(3) Dividends or other payments shall not be paid to the owners of public water services providers as long as the universal rights of access to safe and clean water have not been achieved in the designated service areas. - 132 Verify source ↗
FINANCIAL PROVISIONS - 132. Income from water permits abstraction and water user fees
All income from water permits, abstraction and water user fees must be used entirely for the conservation and management of water resources.
Section 132. Income from water permits abstraction and water user fees Section All income through water permits, abstraction and water user fees shall be entirely used for the conservation and management of water resources.
Part VIII
GENERAL PROVISIONS
- 133 Verify source ↗
GENERAL PROVISIONS - 133. Service of notices
Sets how notices may be served: by leaving at a person's usual or last known abode in Kenya, by post to that address, and for corporate/local authorities by delivering to the principal officer, leaving at that officer's office with an employee, or by registered post; provides special rules for unknown landholders and for addressing notices to land owners.
Section 133. Service of notices Section 133(1)(a) by leaving it at the person's usual or last known place of abode in Kenya; Section 133(1)(a)(i) by leaving it at the person's usual or last known place of abode in Kenya; Section 133(1)(a)(ii) by post, addressed to the person's usual or last known address in Kenya; or Section 133(1)(b) in the case of a notice required to be served on a local authority, company or other corporate body, by delivering it to its principal officer or by leaving it at such principal officer's office with a person employed there, or by registered post. Section 133(2) lf any landholder is not known and, after diligent inquiry, cannot be found, such notice may be served by leaving it, addressed to such landholder, with an occupier of the land or, if there is no apparent occupier, by causing it to be put in a conspicuous position on the property in Kenya last known to have been occupied by the landholder. Section 133(3) Any notice required to be given to a landholder may be addressed to the owner of land or premises described in the address in respect of which the notice is given. - 134 Verify source ↗
GENERAL PROVISIONS - 134. Order, etc., to be in writing
Any order, notice, consent, approval, permission, demand, objection, application, standard or other thing authorised or required by the Act to be given, made, set, determined or issued by or to the listed public actors must be in writing.
Section 134. Order, etc., to be in writing Section Any order, notice, consent, approval, permission, demand, objection, application, standard or other thing authorised or required by this Act to be given, made, set, determined or issued by or to the Cabinet Secretary, the Authority, Regulatory Board, a county government executive, a licensee or other state organ shall be in writing. - 135 Verify source ↗
GENERAL PROVISIONS - 135. Authentication of documents
Certain officers are empowered to authenticate/sign documents: the Chief Executive Officer of the relevant institution; any officer authorised in writing by the institution; persons who hold an office that empowers them to sign; and persons duly authorised by the respective state organ.
Section 135. Authentication of documents Section 135(1)(a) by the Chief Executive Officer of the relevant institution; or Section 135(1)(b) by any officer of the institution authorised by it in writing to sign documents of the particular kind or to sign the particular document. Section 135(2)(a) expressed to hold an office by virtue of which he or she is, under this section empowered to sign a document; or Section 135(2)(b) expressed to be duly authorised by the respective state organ in subsection (1) to sign such a document or the particular document, - 136 Verify source ↗
GENERAL PROVISIONS - 136. Permit or licence to be evidence of power or function
A permit, or a copy of a permit certified by the Chief Executive Officer of the Authority, is evidence of power or function.
Section 136. Permit or licence to be evidence of power or function Section a permit, or a copy of a permit, certified by the Chief Executive Officer of the Authority; or - 137 Verify source ↗
GENERAL PROVISIONS - 137. Protection from liability
Section title and listed state actors: 'Section 137. Protection from liability' followed by 'the Cabinet Secretary, the Authority, the Regulatory Board, or other state organ exercising powers or functions under this Act'.
Section 137. Protection from liability Section the Cabinet Secretary, the Authority, the Regulatory Board, or other state organ exercising powers or functions under this Act; - 138 Verify source ↗
GENERAL PROVISIONS - 138. Application of Act to community land
Powers and functions under this Act that affect land, when relating to community land, must be exercised and performed subject to any written law relating to that land.
Section 138. Application of Act to community land Section Despite anything contained in this Act, any powers and functions conferred or imposed under this Act affecting land shall, in respect of community land, be exercised and performed subject to any written law relating to that land. - 139 Verify source ↗
GENERAL PROVISIONS - 139. Public consultation
Designated persons must carry out public consultation requirements for applications or proposed actions under the Act, including publishing notices with specified contents, providing access to documents at reasonable cost, and publishing availability of decisions for inspection.
Section 139. Public consultation Section 139(1) A requirement imposed by or under this Act for a person in this section referred to as the designated person to undertake public consultation in relation to any application made, or action proposed to be taken under this Act shall be construed as a requirement to ensure that this section is complied with in relation to that application or action. Section 139(2)(a) in at least one national newspaper of daily circulation; and Section 139(2)(b) in at least one Kenyan radio station broadcasting in that locality. Section 139(3)(a) set out a summary of the application or proposed action; Section 139(3)(b) state the premises at which the details of the application or proposed action may be inspected; Section 139(3)(c) invite written comments on or objections to the application or proposed action; Section 139(3)(d) specify the person or body to which any such comments are to be submitted; and Section 139(3)(e) specify a date not earlier than thirty days after publication of the notice by which any such comments are required be received. Section 139(4) The designated person shall make arrangements for the public to obtain copies, at reasonable cost, of documents relating to the application or proposed action which are in the possession of the designated person. Section 139(5)(a) any written comments received on or before the date specified under subsection (3)(e); and Section 139(5)(b) any comments whether in writing or not received at any public meeting held in relation to the application or the proposed action at which the designated person was represented or pursuant to any other invitation to comment. Section 139(6) The designated person shall publish in accordance with subsection (2), notice of the fact that a copy of the decision and the reasons for the decision in relation to the application or proposed action is available for public inspection at the same premises as were notified under subsection (3)(b). Section 139(7) Regulations made under this Act may require, the designated person to hold a public meeting in relation to the application or proposed action. - 140 Verify source ↗
GENERAL PROVISIONS - 140. Special powers in case of shortage of water
The Authority may declare a water crisis and direct persons with excess domestic supply to provide water; the Authority may take possession and undertake works, and persons exercising powers must act with reasonable care; obstructing those acting under an order is an offence; payments made may be recovered as a debt.
Section 140. Special powers in case of shortage of water Section 140(1)(a) declare that a crisis exists; and Section 140(1)(b) direct a person who has a supply of water in excess of his or her needs for domestic purposes to supply to the area concerned, or to a specified person in the area, such quantity of water, and for such period, as the order may specify. Section 140(2) A person directed by an order under this section who fails to comply with the provisions of the order commits an offence. Section 140(3)(a) the laying of pipes and the construction of works on any land; Section 140(3)(b) the entry on to any land by servants or agents of the Authority; and Section 140(3)(c) such other measures as the Authority may consider necessary for the giving and taking of any such water. Section 140(4)(a) take possession of the water supply and operate any works of the person concerned for the drawing, diversion or use of water; and Section 140(4)(b) exercise the person's rights in connection with them during the period of the order, subject to any conditions imposed by the order. Section 140(5) It shall be the duty of any person exercising any powers under this section to do so with reasonable care and in such a manner as to cause as little damage as possible. Section 140(6) Any payment made when undertaking the action contemplated under subsection (4), or such proportion of it as the Authority may determine, may be recovered by the person acting under the direction of the Authority, as a debt due from a person benefiting by the supply of water under the order. Section 140(7) A person who, without lawful authority, hinders or obstructs any person acting in pursuance of an order under this section, or interferes with any works constructed or under construction in pursuance of such an order, commits of an offence. - 141 Verify source ↗
GENERAL PROVISIONS - 141. No warranty implied by inspection
An inspection of works authorized under this Act does not create or imply any guarantee or support a claim against the Authority, the Regulatory Board, the Cabinet Secretary, a county government, or a licensee.
Section 141. No warranty implied by inspection Section An inspection of any works authorized to be constructed under this Act shall not be deemed to constitute or imply any guarantee of the works constructed, or to support or justify any claim against the Authority, the Regulatory Board, the Cabinet Secretary, a county government or a licensee in connection with any such works. - 142 Verify source ↗
GENERAL PROVISIONS - 142. Regulations
The Cabinet Secretary may make regulations for matters required or permitted by the Act or necessary to implement it; regulations may create offences and impose penalties up to one million shillings or imprisonment up to two years; regulations must be published in the Gazette and take effect on publication.
Section 142. Regulations Section 142(1) The Cabinet Secretary may make Regulations with respect to any matter which by this Act is required or permitted to be prescribed, or which is necessary or expedient to be prescribed for the carrying out or giving effect to this Act. Section 142(2)(a) delegation by the Authority, the Board or a licensee of their respective powers and functions; Section 142(2)(b) abstraction of ground water and works therefore, including the licensing of borehole constructors; Section 142(2)(c) construction, extension or improvement of dams and the licensing of persons carrying on business as dam contractors; Section 142(2)(d) the licensing of engineers offering and other persons offering professional services in respect of water resources or water services; Section 142(2)(e) requirements in respect to bottled or mineral waters; Section 142(2)(f) national public water works; Section 142(2)(g) information to be made available to the public under the Act; Section 142(2)(h) requirements for the keeping of records and the furnishing of information to the Authority or the Board; Section 142(2)(i) the transfer of functions, assets, liabilities and staff; Section 142(2)(j) rain water harvesting and household water storage; or Section 142(2)(k) any saving, temporary or transitional provision in consequence of the repeal of the Water Act, 2002 (repealed). Section 142(3) Regulations made under this section may create offences in respect of any contravention of the Regulations and may for any such offence impose penalties not exceeding one million shillings or imprisonment not exceeding two years, or both such fine and imprisonment. Section 142(4) Regulations made under this Act shall be published in the Gazette and shall come into effect upon publication. - 143 Verify source ↗
GENERAL PROVISIONS - 143. Obstruction or pollution of watercourse or water resource
Persons must not obstruct, divert, abstract or pollute any watercourse or water resource; contravening the section is an offence.
Section 143. Obstruction or pollution of watercourse or water resource Section 143(1)(a) wilfully obstruct, interfere with, divert or obstruct water from any watercourse or any water resource, or negligently allow any such obstruction, interference, diversion or abstraction; or Section 143(1)(b) throw, convey, cause or permit to be thrown or conveyed, any rubbish, dirt, refuse, effluent, trade waste or other offensive matter or thing into or near to any water resource in such manner as to cause, or be likely to cause, pollution of the water resource. Section 143(2) A person who contravenes this section commits an offence. - 144 Verify source ↗
GENERAL PROVISIONS - 144. Remedy of defaults
If an order under this section is not complied with, the Authority, the Regulatory Board, the concerned county government executive or the licensee may take steps to remedy the contravention and may recover expenses by application to the Tribunal; an aggrieved person may appeal to the Tribunal.
Section 144. Remedy of defaults Section 144(1)(a) to clean up any pollution or make good any other harm identified in the order which was caused to any water resource by reason of the contravention; or Section 144(1)(b) to remove or destroy any works, plant or machinery employed for the purposes of the contravention. Section 144(2) Where the order in subsection (1) has not been complied with, the Authority, the Regulatory Board, the concerned county government executive or the licensee may take such steps as are necessary to remedy the contravention, and the expenses incurred in doing so shall be recoverable at the instance of the Authority, the Regulatory Board, the concerned county government executive or the licensee concerned through an application to the Tribunal. Section 144(3) A person aggrieved by an order under this section may appeal to the Tribunal. - 145 Verify source ↗
GENERAL PROVISIONS - 145. Miscellaneous offences
A person who contravenes the provisions of this section commits an offence.
Section 145. Miscellaneous offences Section 145(2) A person who contravenes the provisions of this section commits an offence. - 146 Verify source ↗
GENERAL PROVISIONS - 146. Criminal proceedings
The Authority, the Regulatory Board, a county government executive, or a licensee may start and run criminal proceedings in court for offences under this Act or its regulations; any person also retains the right to bring such proceedings, and the permission is subject to Article 157 of the Constitution.
Section 146. Criminal proceedings Section Without prejudice to the rights of any person to bring proceedings in respect of an offence under this Act, and subject to Article 157 of the Constitution, the Authority, the Regulatory Board, a county government executive or a licensee may institute and maintain criminal proceedings in any court against any person accused of an offence under this Act or under any Regulations or Regulations made under this Act. - 147 Verify source ↗
GENERAL PROVISIONS - 147. General penalty
A person who commits an offence under this Act or its Regulations is liable, unless another penalty is prescribed, to a fine up to one million shillings, or imprisonment up to two years, or both.
Section 147. General penalty Section A person who commits an offence under this Act, or under any Regulations or made under this Act, shall, if no other penalty is prescribed in respect of the offence, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Water Act
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.