Water Act

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.

All water resources are vested in and held by the national government in trust for the people of Kenya.

The Authority established in section 11 shall serve as an agent of the national government and regulate the management and use of 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 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.

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.

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.

The Authority must formulate and enforce standards, procedures and regulations for managing and using water resources and flood mitigation.

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 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.

The Management Board must secure continuing improvements in performance.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 26 establishes the basin water resources committee membership, appointment processes, minimum technical expertise, facilitation by the Authority, and determination of committee pay.

The basin water resources committees have functions related to conservation, use and apportionment of water resources.

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 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.

Establishes the National Water Harvesting and Storage Authority.

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.

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.

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.

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.

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.

any use of water from a water resource, except as provided by section 37

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.

Constructing or using works without required permits, or contrary to permit conditions, or before required certification, is an offence.

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.

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.

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.

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 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.

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.

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.

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).

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.

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.

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.

Every permit may be varied later by the Authority after a hydrographical survey and after reasonable notice to affected parties.

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.

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.

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.

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.

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.

Abstraction of ground water

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.

Entry by the Authority.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The Regulatory Board must establish a national monitoring and georeferenced information system on water services.

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.

Every person in Kenya is entitled to clean and safe water in adequate quantities and to reasonable standards of sanitation.

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.

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.

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.

The Cabinet Secretary must, in consultation with stakeholders, develop criteria to establish water works development agencies.

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.

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.

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.

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.

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 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 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.

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 75 requires a public register of licensed water services providers and tasks the Regulatory Board and the Authority with certain publication and guideline duties.

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.

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.

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.

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.

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.

A water services provider may, with the approval of the relevant licensing authority, extend water services to rural or developing areas.

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.

A county or cross-county public water service provider must hold county or national public water services assets on behalf of the public.

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.

Persons may not provide water services unless they hold a licence issued by the Regulatory Board, with limited statutory exemptions.

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.

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.

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).

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).

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.

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).

Every water services provider must set up a mechanism to handle consumer complaints that meets Regulatory Board standards.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Existing water rights under any provision of the Water Act, 2002 (repealed).

A county government must give effect to national water services standards and conditions set by the Regulatory Board for purposes of ensuring consumer protection.

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.

Objects of the Fund: community level initiatives for the sustainable management of water resources.

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.

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 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.

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.

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.

The Judicial Service Commission must appoint, remove from office, or discipline the staff of the Water 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.

The Tribunal must make rules governing its procedures.

When deciding an appeal, the Tribunal may affirm, quash or vary the decision or order.

A person aggrieved by a Tribunal decision may appeal to the Land and Environmental Court within twenty-one days on an issue of law.

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.

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.

Each body corporate established under this Act must have a financial year of twelve months from 1 July to 30 June.

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.

Every body corporate established under the Act must keep proper books and records of account showing income, expenditure, assets and liabilities.

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.

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.

All income from water permits, abstraction and water user fees must be used entirely for the conservation and management of water resources.

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.

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.

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.

A permit, or a copy of a permit certified by the Chief Executive Officer of the Authority, is evidence of power or function.

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'.

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.

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.

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.

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.

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.

Persons must not obstruct, divert, abstract or pollute any watercourse or water resource; contravening the section is an offence.

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.

A person who contravenes the provisions of this section commits an offence.

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.

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.