Irrigation Act

This Act may be cited as the Irrigation Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 347
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Irrigation Act. This section provides definitions of terms used in the Act (for example: “agency contract”, “Authority”, “irrigation”, and various categories of irrigation schemes). The Act applies to development, management, financing, provision of support services and regulation of the entire irrigation sector in Kenya; upon commencement no irrigation development, management and regulation may be carried out in Kenya except under this Act. The provisions of this Act shall prevail in case of any inconsistency between this Act and any other legislation in matters relating to irrigation. Certain public officers and bodies must be guided by the principles and values in Articles 10, 43, 60 and 232 of the Constitution when performing functions under this Act.

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Provisions of Irrigation Act

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Part I

PRELIMINARY

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PRELIMINARY - 1. Short title
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This Act may be cited as the Irrigation Act.

Section 1. Short title Section This Act may be cited as the Irrigation Act.
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PRELIMINARY - 2. Interpretation
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This section provides definitions of terms used in the Act (for example: “agency contract”, “Authority”, “irrigation”, and various categories of irrigation schemes).

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “agency contract” means a legal agreement creating a fiduciary relationship whereby the principal agrees that subsequent actions by the agent are binding as if the principal acted thereupon; "agriculture" has the meaning assigned to it under section 2 of the Agriculture and Food Authority Act (Cap. 317); "Authority" means the National Irrigation Authority established under section 7 ; "authorized" means authorized by or under this Act; "Board" means the Board of the Authority established under section 9 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to irrigation; "Chief Executive Officer" means the Chief Executive Officer of the Authority appointed under section 12 ; "commercial irrigation farmer" means a farmer who by means of irrigation grows crops primarily for sale; “Council of Governors” means the Council of County Governors established under the Intergovenmental Relations Act (Cap. 265F); "county irrigation development unit" means the unit or entity established by a county government to carry out irrigation matters under section 14 ; "Department" means the State Department responsible for matters relating to irrigation; "Dispute Resolution Committee" means the Dispute Resolution Committee established under section 8(2)(d) ; "farmer" includes a crop, livestock or fish farmer; “irrigators” means the persons or entities which own, operate or manage an irrigation scheme; "irrigation" means any hydraulic engineering driven process, which supplies water to crops or any other cultivated plants, livestock, aquaculture and desired forest tress; "irrigation scheme" means a systematic and orderly irrigation system covering a defined area of land regardless of the type or system of irrigation employed; "irrigation management transfer" means the transfer to the users of authority and responsibility for both governance and delivery of management services in an irrigation and drainage scheme; "irrigation service fee" means the rates to be charged to water users for receiving irrigation services; "irrigation service plan" means the annual plan for water acquisition and distribution, scheme maintenance and repairs, other management tasks, staff and group labour mobilization, budget and irrigation service fee; "irrigation water user" means a member of a water users' association who uses water from an irrigation scheme for an approved purpose such as for crops, livestock, and fish farming; "irrigation water users’ association" means any association established under section 20 ; "large scale irrigation scheme" means a scheme which acreage size covers over three thousand acres, and is developed and managed by the Authority, and is established for national strategic purposes, or such schemes as implemented by the private sector; "licence" means a licence issued by the Cabinet Secretary or such other person as the Cabinet Secretary may authorize; "medium scale irrigation scheme" means a scheme which in acreage size covers over one hundred acres to three thousand acres, and is implemented by the Authority, or another state agency in collaboration with county government, or such schemes as implemented by a private entity; "Ministry" means the Ministry for the time being responsible for matters related to irrigation; "monitoring and evaluation" means a system of measuring, reporting and interpreting the quantity and quality of inputs provided, actions implemented, immediate outcomes achieved and ultimate impacts realized; "national irrigation scheme" means an area of land designated as such by the Cabinet Secretary through a gazette notice; "Scheme Management Committee" means the Scheme Management Committee established under section 8(2)(c) ; "smallholder irrigation and drainage scheme" means an irrigation scheme that is developed, owned and managed by communities as irrigation water user groups or individual farmers; "small scale irrigation scheme" means a scheme which in acreage size covers less than one hundred acres and implemented by a county government, or by the national government through Authority in case of trans boundary or inter county schemes or strategic schemes or such schemes as implemented by a private entity; "storage" means infrastructure and practices designed to capture and store water for use in irrigation; “strategic irrigation scheme” means a national or a county scheme which serves a specific production purpose; “transboundary, trans-county or inter county irrigation scheme” means a scheme whose area of coverage lies across at least two administrative county boundaries; "Water Tribunal" means the Water Tribunal established under section 119 of the Water Act (Cap. 372); "water harvesting" means activities where water from rainfall or surface runoff is collected, diverted, stored and utilized; and "Water Resources Authority" has the meaning assigned to it under section 2 of the Water Act (Cap. 372). [Act No. 33 of 2022 , s. 2.]
3
PRELIMINARY - 3. Scope of application
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The Act applies to development, management, financing, provision of support services and regulation of the entire irrigation sector in Kenya; upon commencement no irrigation development, management and regulation may be carried out in Kenya except under this Act.

Section 3. Scope of application Section 3(1) The provisions of this Act shall apply to matters relating to the development, management, financing, provision of support services and regulation of the entire irrigation sector in Kenya. Section 3(2) Upon the commencement of this Act, no irrigation development management and regulation may be carried out in Kenya otherwise than under this Act. [Act No. 33 of 2022 , s. 3.]
4
PRELIMINARY - 4. Act to prevail in irrigation matters
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The provisions of this Act shall prevail in case of any inconsistency between this Act and any other legislation in matters relating to irrigation.

Section 4. Act to prevail in irrigation matters Section The provisions of this Act shall prevail in case of any inconsistency between this Act and any other legislation in matters relating to irrigation.
5
PRELIMINARY - 5. Guiding principles
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Certain public officers and bodies must be guided by the principles and values in Articles 10, 43, 60 and 232 of the Constitution when performing functions under this Act.

Section 5. Guiding principles Section In discharging functions under this Act, the Cabinet Secretary, any State corporation established under this Act, county governments and any person or persons 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

DEVELOPMENT, MANAGEMENT AND REGULATION OF IRRIGATION

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DEVELOPMENT, MANAGEMENT AND REGULATION OF IRRIGATION - 6. Role of national government
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The Cabinet Secretary must develop, manage and regulate irrigation throughout Kenya and ensure effective exercise of related powers and duties, including policy, licensing, monitoring, data collection, reporting and preparing a five-year national irrigation services strategy.

Section 6. Role of national government Section 6(1) The Cabinet Secretary shall develop, manage and regulate irrigation throughout Kenya and to this extent shall ensure the effective exercise and performance by any authority or person under the authority of the Cabinet Secretary of their powers and duties in relation to irrigation and drainage, including water harvesting and storage for irrigation. Section 6(2)(a) formulate policies, make legislative proposals to Parliament, provide sector regulation, coordination and guidance, and monitoring and evaluation; Section 6(2)(b) develop general principles, guidelines and standards for promoting development and for the coordination of irrigation planning; Section 6(2)(c) establish, through a gazette notice, national, public or strategic schemes of any category as defined in this Act; Section 6(2)(d) promote the use of efficient irrigation systems across the country; Section 6(2)(e) subject to resource constraints, ensure availability and adequacy of water for irrigation; Section 6(2)(f) receive and determine applications for any irrigation projects, including issuance of irrigation licences for irrigation schemes; Section 6(2)(g) monitor and enforce conditions attached to licenses for all irrigation schemes; Section 6(2)(h) report to both Houses of Parliament annually, and from time to time as may be necessary, on the state of, and needs for, irrigation development management and regulation in the country; Section 6(2)(i) in collaboration with county governments, gather information and maintain data bases on irrigation development management and regulation including data on irrigation water supplies, demands, projects, irrigated areas, management performance, potential for expansion and human resources; Section 6(2)(j) conduct periodic technical and management audits of irrigation schemes infrastructure, governance, management and financing; Section 6(2)(k) maintain storage investments for their proper use implementation; and Section 6(2)(l) carry out other mandate as may be specified in this Act or any other written law. Section 6(3)(a) other ministries and agencies of the National Government; Section 6(3)(b) the Council of County Governors; Section 6(3)(c) county governments; and Section 6(3)(d) non-government entities. Section 6(4) The Cabinet Secretary shall, in consultation with the county governments and other stakeholders, formulate and publish in the Kenya Gazette , a five-year national irrigation services strategy, based on, among others, the national irrigation policy for the time being in force. Section 6(5) The Cabinet Secretary shall ensure effective implementation of the national irrigation services strategy and to this end shall institute reviews aligned to planning cycles or at such times as the Cabinet Secretary may determine. Section 6(6) The Cabinet Secretary may exercise any or some of the duties and functions under subsection (1) above directly or through the Authority. [Act No. 33 of 2022 , s. 4.]

Part III

THE NATIONAL IRRIGATION AUTHORITY

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THE NATIONAL IRRIGATION AUTHORITY - 10. Conduct of business of the Board
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The Board must conduct its business in accordance with the Schedule.

Section 10. Conduct of business of the Board Section The conduct of business of the Board shall be in accordance with the Schedule.
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THE NATIONAL IRRIGATION AUTHORITY - 11. Powers of the Board
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The Board has the powers necessary to perform the Authority's functions and may exercise specific powers such as securing performance improvement, administering and protecting assets, determining expenditure provisions, receiving grants, investing funds, and undertaking other necessary activities.

Section 11. Powers of the Board Section 11(1) The Board shall have all powers necessary for the proper performance of the functions of the Authority under this Act. Section 11(2)(a) secure continuing improvement of performance, protect the long term viability, and ensure fiscal discipline of the Authority; Section 11(2)(b) administer the assets of the Authority in such manner as best promotes the purposes for which the Authority is established; Section 11(2)(c) ensure protection of the assets and developments of the Authority; Section 11(2)(d) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Authority; Section 11(2)(e) receive any grants, gifts, donations or endowment and make legitimate disbursements therefrom; Section 11(2)(f) invest any funds of the Authority not immediately required for its purposes; Section 11(2)(g) undertake any other activity necessary for the fulfilment of any of the functions of the Authority.
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THE NATIONAL IRRIGATION AUTHORITY - 12. Chief Executive Officer
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Section 12 establishes a Chief Executive Officer (CEO) for the Authority, sets appointment and qualification conditions, assigns day-to-day management and accounting responsibilities to the CEO, fixes a three-year term with one re-appointment possible, and allows removal by the Cabinet Secretary on the Board's recommendation.

Section 12. Chief Executive Officer Section 12(1) There shall be a Chief Executive Officer of the Authority who shall be appointed by the Cabinet Secretary on recommendation of the Board on a competitive basis and on such terms and conditions as may be specified in the instrument of appointment. Section 12(2)(a) is a citizen of Kenya; Section 12(2)(b) meets the requirements of leadership and integrity set out in Chapter 6 of the Constitution; Section 12(2)(c) holds relevant academic and professional qualifications including a university degree in engineering or agriculture or any field related to irrigation; and Section 12(2)(d) has at least fifteen years' experience in the management of a public or private institution, five of which should be at senior management level, or is a distinguished scholar in a discipline relevant to irrigation. Section 12(3) The Chief Executive Officer shall be responsible to the Board for the day-to-day management of the affairs of the Authority and for the performance of any other functions as the Board may direct, and shall be the accounting officer of the Authority. Section 12(4) The Chief Executive Officer shall hold office for a term of three years and is eligible for re-appointment for a further term of three years. Section 12(5) The Chief Executive Officer may be removed from office by the Cabinet Secretary on the recommendation of the Board in accordance with the terms and conditions of service.
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THE NATIONAL IRRIGATION AUTHORITY - 13. Other staff
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The Authority may engage additional officers and staff it considers sufficient to perform its functions, subject to transitional arrangements in section 35 and the approved establishment's terms and conditions.

Section 13. Other staff Section Subject to the provisions in section 35 regarding transitional arrangements, the Authority may engage such other officers and staff as it may consider sufficient for the performance of its functions under this Act on such terms and conditions as are provided in approved establishment. [Act No. 33 of 2022 , s. 8.]
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THE NATIONAL IRRIGATION AUTHORITY - 7. Establishment of the Authority
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Establishes the National Irrigation Authority and provides its name, lists activities and the location of its headquarters, and permits establishment of regional and local offices.

Section 7. Establishment of the Authority Section 7(1) There is established an authority to be known as the National Irrigation Authority. Section 7(2)(a) suing and being sued; Section 7(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 7(2)(c) borrowing or lending money; Section 7(2)(d) entering into contracts; and Section 7(2)(e) doing such other acts necessary for the proper performance of the functions of the Authority. Section 7(3) The headquarters of the Authority shall be in Nairobi. Section 7(4) The Authority may establish such regional, county, catchments or sub-catchment or sub-county level offices as the Board, may consider necessary.
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THE NATIONAL IRRIGATION AUTHORITY - 8. Powers and functions of the Authority
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The Authority has a range of assigned functions including developing and improving irrigation infrastructure, providing irrigation support and technical advisory services, undertaking irrigation development, facilitating user associations and committees, raising funds in consultation with specified authorities, preparing reports, and advising the Cabinet Secretary.

Section 8. Powers and functions of the Authority Section 8(1)(a) develop and improve irrigation infrastructure for national or public schemes; Section 8(1)(b) provide irrigation support services to private medium and smallholder schemes, in consultation and cooperation with county governments and other stakeholders; Section 8(1)(c) provide technical advisory services to irrigation schemes in design, construction supervision, administration, operation and maintenance under appropriate modalities, including agency contracts, as may be elaborated in regulations to this Act. Section 8(2)(a) undertake irrigation development, including infrastructure, in national or public and smallholder schemes, including schemes which traverse or straddle more than one county; Section 8(2)(b) in consultation with county governments, facilitate formation and strengthening of irrigation water users' associations at scheme level for operation, maintenance and management; Section 8(2)(c) in consultation with the county governments and other stakeholders facilitate formation and strengthening of scheme management committees at scheme level for management of the schemes; Section 8(2)(d) in consultation with the county governments and other stakeholders facilitate formation and strengthening of dispute resolution committees at scheme level for the resolution of disputes relating to scheme management; Section 8(2)(e) in consultation with the Cabinet Secretary, the Cabinet Secretary for the time being responsible for finance, and the county governments raise funds for the development of infrastructure in national, public and smallholder schemes under appropriate mechanisms, including under agency contracts; Section 8(2)(f) in consultation with the Cabinet Secretary and county governments, co-ordinate and plan settlement on national or public irrigation schemes, as well as schemes which traverse or straddle more than one county and determine the number of settlers thereof; Section 8(2)(g) provide technical advisory services on a commercial basis, on irrigation water management, including water harvesting and storage, and waste water recycling for agricultural use to all schemes under appropriate modalities, including agency contracts; Section 8(2)(h) in collaboration with county governments, the private sector, civil society organizations and other stakeholders, provide technical advisory services to community and smallholder irrigation schemes concerning design, construction supervision, administration and maintenance of irrigation infrastructure under appropriate modalities, including agency contracts; Section 8(2)(i) facilitate linkages between and among the National Government and county governments, private sector, civil society organizations, communities and other stakeholders for the provision of support services to irrigation water user associations; Section 8(2)(j) provide, manage, and administer land in national or public irrigation schemes as well as inter-county schemes for public use; Section 8(2)(k) in collaboration with county governments and other stakeholders, promote the marketing, safe storage and processing of crops, animal and fish products grown or produced on national and other irrigation schemes and to liaise in this regard with other responsible state agencies and organizations; Section 8(2)(l) in collaboration with county government and other stakeholders and government agencies carry out periodic researches to determine and make recommendation on fair prices for crops, animals and fish products grown or produced on national and other irrigation schemes; Section 8(2)(m) prepare and submit to the Cabinet Secretary, through the Principal Secretary, annual and other periodic reports concerning the performance of its mandate and functions; and Section 8(2)(n) advise the Cabinet Secretary, through the Principal Secretary, on any matter in connection with the development, maintenance, expansion and availability of irrigation support services.
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THE NATIONAL IRRIGATION AUTHORITY - 9. The Board of Authority
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Establishes the Authority's Board composition and appointment criteria: the chairperson shall be appointed by the President; several members are Principal Secretaries or their representatives; some members are appointed by the Cabinet Secretary from nominee lists from specified bodies; the Board must reflect gender and regional balance and an appropriate professional, disciplinary and stakeholder mix; the CEO is an ex officio member; the chairperson must be a Kenyan citizen, meet Chapter 6 leadership and integrity requirements, and hold relevant academic and professional qualifications.

Section 9. The Board of Authority Section 9(1)(a) a chairperson, who shall be appointed by the President subject to subsection (4); Section 9(1)(b) the Principal Secretary responsible for Irrigation or his representative; Section 9(1)(c) the Principal Secretary responsible for finance or his representative; Section 9(1)(d) the principal secretary responsible for Agriculture or his representative; Section 9(1)(e) the Principal Secretary for the time being responsible for water or his representative; Section 9(1)(f) two persons of opposite gender and from different regions, with knowledge and experience in matters relating to water, agriculture, irrigation or environmental studies, appointed by the Cabinet Secretary from a list of four nominees submitted by the Council of County Governors; Section 9(1)(g) one person with knowledge and experience in matters relating to civil engineering, economics, finance or rural development, appointed by the Cabinet Secretary from a list of three nominees submitted by a registered private sector membership organisation with a national outlook; and Section 9(1)(h) one person appointed by the Cabinet Secretary out of three persons nominated by the National Irrigation Farmers Associations; Section 9(2)(a) reflect gender and regional balance in accordance with the Constitution; and Section 9(2)(b) be reflective of an appropriate professional, disciplinary and stakeholder mix. Section 9(3) The Chief Executive Officer of the Authority shall be an ex officio member of the Board. Section 9(4)(a) is a citizen of Kenya; Section 9(4)(b) meets the requirements of leadership and integrity set out in Chapter 6 of the Constitution; and Section 9(4)(c) holds relevant academic and professional qualification including a university degree in water engineering, civil engineering, agriculture, irrigation or environmental studies. Section 9(5) The Board shall adhere to principles of corporate governance and may from time to time establish committees for the better carrying out of its functions. [Act No. 33 of 2022 , s. 6.]

Part IV

RESPONSIBILITY OF COUNTY GOVERNMENTS

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RESPONSIBILITY OF COUNTY GOVERNMENTS - 14. Role of county government
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Each county government may establish a county irrigation development unit within its area of jurisdiction, and each county government shall implement and act in accordance with national policy guidelines issued by the Cabinet Secretary and approved by both Houses of Parliament.

Section 14. Role of county government Section 14(1) Each county government may, within its area of jurisdiction, establish a county irrigation development unit for the better carrying out of its functions with respect to irrigation pursuant to Part 2 of the Fourth Schedule of the Constitution. Section 14(2) Each county government shall, for purposes of ensuring uniformity and national standards in the irrigation sub-sector, through its legislative and administrative action, implement and act in accordance with the national policy guidelines issued by the Cabinet Secretary and approved by both Houses of Parliament. Section 14(3)(a) formulate and implement county irrigation strategy in collaboration with relevant stakeholders, in line with national policies and strategies; Section 14(3)(b) develop and maintain an irrigation database and integrate systematic monitoring and evaluation; Section 14(3)(c) identify community-based smallholder schemes for implementation in line with national guidelines; Section 14(3)(d) mainstream irrigation related statutory obligations such as those that relate to the environment, water and health; Section 14(3)(e) provide capacity building for farmers and support establishment of viable farmer organizations, and in particular irrigation water users associations to develop and manage irrigation schemes including actively participating in conflicts resolution within irrigation schemes; Section 14(3)(f) set up measures to implement adaptation and mitigation to climate change, and enhance sustainable environmental management.

Part IX

PROVISIONS ON DELEGATED POWERS

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PROVISIONS ON DELEGATED POWERS - 34. Making of Regulations
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The Cabinet Secretary may make regulations (in consultation with county governments) for carrying out the Act; those regulations must be approved by both Houses of Parliament and published in the Gazette within eighteen months of enactment.

Section 34. Making of Regulations Section 34(1) The Cabinet Secretary may, in consultation with county governments, make Regulations, for the better carrying out of the purposes and provisions of this Act. Section 34(2) The regulations made under this section shall be approved by both Houses of Parliament. Section 34(3)(a) the management of national, public and other irrigation schemes; Section 34(3)(b) the standards of good on-farm water management; Section 34(3)(c) the regulation of, and tariffs payable for, the use of water on national, public and other irrigation schemes; Section 34(3)(d) the control of persons occupying any land comprising or forming part of a national irrigation scheme, the introduction of or the control of settlers on such land, the issue by the Authority as the case may be, of licenses or permits or leases to such persons or settlers, the revocation of such licenses and leases, and the terms and conditions which may be attached to such licenses and leases; Section 34(3)(e) the requirements, procedures and forms for licensing of irrigation schemes; Section 34(3)(f) the establishment, operations and governance of irrigation water users' associations, scheme management committees and dispute resolution committees; Section 34(3)(g) prescribe fees payable by irrigation water users based on costs of operation and maintenance of the scheme; Section 34(3)(h) monitoring and evaluation and audits required under the Act; Section 34(3)(i) adherence to environmental and public health matters; Section 34(3)(j) development of irrigation including infrastructure, frameworks, complementary installations, water harvesting, storage, distribution and licensing; and Section 34(3)(k) multi-government agencies consultation collaboration, cooperation and accountability in the implementation of this Act. Section 34(4)(a) require acts to be performed to the satisfaction of a prescribed authority, may prohibit their performance without the prior approval of a specified authority, and may empower a specified authority to impose conditions for the performance of specific acts; Section 34(4)(b) be made to apply generally to all irrigation schemes or to any specified irrigation or to any specified area or areas thereof; Section 34(4)(c) provide for such penalty for the breach of any provision thereof, not exceeding a fine of fifty thousand shillings and or imprisonment for one year, as the Cabinet Secretary may regulate from time to time. Section 34(5) The Cabinet Secretary shall publish the regulations required under this Act in the Gazette within eighteen months of the enactment of this Act or as otherwise determined upon consultation with stakeholders. [Act No. 33 of 2022 , s. 15.]

Part V

IRRIGATION SERVICES

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IRRIGATION SERVICES - 15. Water for irrigation
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The Cabinet Secretary must ensure adequate, quality water for irrigation nationwide and, in consultation with the Water Resources Authority and county governments, establish fees, arrangements for bulk requisition, seek WRA advice on new sources, approve inter-catchment transfer arrangements, develop an ROI mechanism for publicly funded irrigation schemes, and develop guidelines for private sector involvement.

Section 15. Water for irrigation Section 15(1) The Cabinet Secretary shall, subject to water and other resource constraints, and in consultation with county governments, and other stakeholders ensure the adequacy and quality of water for irrigation purposes throughout the country. Section 15(2)(a) in consultation with the Water Resources Authority, put in place appropriate water use fees structures and make arrangements with the Water Resources Authority in respect of requisition of irrigation water in bulk; Section 15(2)(b) seek advice of the Water Resources Authority on the development of new irrigation water sources, including water harvesting, flood control and storage for irrigation; Section 15(2)(c) approve appropriate arrangements on inter-catchment transfers of irrigation water in consultation with county governments and Water Resources Authority; Section 15(2)(d) develop a mechanism on return on investment formula resulting from construction of irrigation schemes using public funds; and Section 15(2)(e) develop guidelines on private sector involvement at various stages of the irrigation project implementation cycle.
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IRRIGATION SERVICES - 16. Setting apart of land, access rightsetc.
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The Cabinet Secretary may designate land for irrigation permits/licenses, must acquire or lease land for national/public irrigation schemes, must support and facilitate irrigators' access rights, and must ensure scheme designs consider users and environmental impacts.

Section 16. Setting apart of land, access rightsetc. Section 16(1) The Cabinet Secretary may, in consultation with the National Lands Commission, the Board and county governments, and by notice in the Kenya Gazette , designate an area of land, for which an irrigation water permit may be issued by the Water Resources Authority and an irrigation license may be issued. Section 16(2) In respect of land, other than public land, in a national or public irrigation scheme, the Cabinet Secretary shall, in accordance with the law for the time being relating to the compulsory acquisition of land, take such steps as may be necessary to acquire the right, title or interest in such land and to vest it in the Authority for the purposes of this Act. Section 16(3) In the case of community land forming part of a national or public irrigation scheme, the Cabinet Secretary, on behalf of the Authority, may take the land on lease and on terms to be agreed between the Cabinet Secretary and the county government concerned. Section 16(4) In default of agreement between the Cabinet Secretary and the county government as to the terms of a lease under subsection (3) of this section, the relevant provisions of the Land Act (Cap. 280), shall have effect. Section 16(5) The Cabinet Secretary shall, in collaboration with county governments support and facilitate access rights to land for all irrigators on national irrigation schemes in order to provide livelihoods for poor and vulnerable persons and groups, and adequate security for investments in land improvement and the irrigation schemes. Section 16(6) The Cabinet Secretary shall, in consultation with county governments, ensure that the design of national or public irrigation schemes and others, takes into account the needs of various irrigation water users, including livestock and fish producers and the impact the irrigation scheme is likely to have on the environment. [Act No. 33 of 2022 , s. 10.]
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IRRIGATION SERVICES - 17. Administrative and legal framework for water storage
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The Cabinet Secretary must, in consultation with listed authorities and stakeholders and within existing laws, prescribe administrative and regulatory frameworks for water storage and irrigating requirements.

Section 17. Administrative and legal framework for water storage Section 17(1) The Cabinet Secretary shall in consultation with the Water Resource Authority Secretary, the National Water Storage and Harvesting Authority, the National Land Commission, the Council of Governors and other stakeholders prescribe administrative and regulatory frameworks within existing laws and regulations on water storage existing and future irrigating requirements. Section 17(2)(a) in accordance with Integrated Water Resources Management Principles; Section 17(2)(b) in accordance with agreements between irrigation water users and other stakeholders; and Section 17(2)(c) in such a manner as to reduce conflicts on water resources, protect the environment and public health and share water appropriately and equitably for multiple uses.
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IRRIGATION SERVICES - 18. Irrigation research, innovation and training
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The Cabinet Secretary must take measures to ensure irrigation research, innovation and training are carried out and coordinated; each county government may identify priorities and participate in those processes with the national government.

Section 18. Irrigation research, innovation and training Section 18(1) The Cabinet Secretary shall take legislative and administrative measures to ensure that irrigation research, innovation and training functions are carried out and appropriately co-ordinated. Section 18(2) Each county government may identify priority irrigation research, innovation and training areas and participate in irrigation research, innovation and training processes, in collaboration with the national government.
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IRRIGATION SERVICES - 19. Management of irrigation schemes
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The Cabinet Secretary, through the Authority, must oversee management of national or public irrigation schemes (except those under county governments), provide resources and direction for capacity building and technical services to local irrigation bodies, and ensure assets of national or public irrigation schemes remain vested in the national or county government while retaining regulatory oversight; support for smallholder schemes is subject to availability of resources.

Section 19. Management of irrigation schemes Section 19(1) The Cabinet Secretary shall, through the Authority, oversee management of existing and new national or public schemes, except those under county governments, and particularly storage dams, intake, main and secondary systems as necessary. Section 19(2) The Cabinet Secretary, through the Authority, shall provide resources and direction for capacity building and technical services to irrigation water users associations, scheme management committees, dispute resolution committees and other farmer associations to enable them to progressively accept and assume full responsibility for management of national or public schemes under appropriate agency contracts with the National Government or county governments, as the case may be. Section 19(3) Despite any agency contracts between the National Government or county governments and any irrigation water users' association, scheme management committees, dispute resolution committees under subsection (2), all assets of the national or public irrigation schemes shall remain vested in the national government or county government as appropriate, which shall also retain regulatory oversight over governance, management and financing of such schemes. Section 19(4) The Cabinet Secretary shall, through the Authority and in collaboration with county governments and relevant stakeholders provide support, subject to availability of resources, and direction for capacity building and technical advisory services to irrigation water users' associations, scheme management committees, dispute resolution committees and other farmer associations to enable them to take over governance and management responsibility for smallholder schemes as soon as possible after they are developed.
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IRRIGATION SERVICES - 20. Formation of irrigation water users’ associations
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Residents who use water for irrigation from a common source may form or join irrigation water users' associations.

Section 20. Formation of irrigation water users’ associations Section 20(1) A resident of a catchment area who is a crop farmer, livestock producer, fish pond user, or small rural industry entrepreneur or otherwise uses water for irrigation purposes from a common water source may, together with other members or persons resident in the same area, form or join an irrigation water users' association. Section 20(2) Where an association pre-exists an irrigation scheme, the said association may be recognized as the bona fide association to operate and maintain a scheme established in the association's area of coverage, and more than one association may operate and maintain a scheme on appropriate and mutually agreed terms. Section 20(3) An association may, with the approval of the Cabinet Secretary, enter into an agreement with the National Government, a county government, a private sector institution or another farmers' association for the establishment, expansion, implementation, improvement, modernisation, operation or maintenance of a scheme subject to mandatory approvals in accordance with regulations. Section 20(4) Despite sub-section (3), an association may enter into cost-sharing agreements with the National Government, county governments, private sector institutions or other farmers' associations for implementing improvements, modernization, establishment or expansion of a scheme, subject to approval by the Cabinet Secretary and concurrence of the National Treasury. Section 20(5) The Cabinet Secretary, in consultation with county governments, may make rules for the establishment and governance of irrigation water users' associations under this section. [Act No. 33 of 2022 , s. 12.]

Part VI

FINANCIAL PROVISIONS

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FINANCIAL PROVISIONS - 21. Finances of the Authority
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The National Assembly may appropriate monies for the purposes of the Authority.

Section 21. Finances of the Authority Section such monies as may be appropriated by the National Assembly for the purposes of the Authority;
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FINANCIAL PROVISIONS - 22. Annual estimates
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The Authority must prepare annual revenue and expenditure estimates at least five months before each financial year; the Board must approve them at least two months before the year and submit them to the Cabinet Secretary; expenditure may only be incurred in accordance with approved estimates or with Board authorization that has prior written approval of the Cabinet Secretary and the Cabinet Secretary to the National Treasury.

Section 22. Annual estimates Section 22(1) At least five months before the commencement of each financial year, the Authority shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 22(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Authority and the Board of the Authority as the case may be; Section 22(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Authority; Section 22(2)(c) the acquisition, maintenance, repair and replacement of the equipment and other movable property of the Authority; Section 22(2)(d) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance and the replacement of buildings or equipment, or in respect of such other matters as the Board may deem fit; Section 22(2)(e) estimated expenditure for development of infrastructure for the development of irrigation; and Section 22(2)(f) estimated expenditure for the provision of irrigation services and advisory support. Section 22(3) The annual estimates shall be approved by the Board at least two months before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary. Section 22(4) No expenditure shall be incurred for the purposes of the Authority except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorization of the Board given with prior written approval of the Cabinet Secretary and the Cabinet Secretary to the National Treasury. [Act No. 33 of 2022 , s. 13.]
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FINANCIAL PROVISIONS - 23. Accounts and Audit
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The Board must ensure proper books of account for the Authority are kept and must be subject to the provisions of the State Corporations Act (Cap. 446).

Section 23. Accounts and Audit Section The Board shall ensure that proper books of account of the income, expenditure, assets and liabilities of the Authority are kept, and shall in this regard be subject to the provisions of the State Corporations Act ( Cap. 446 ).
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FINANCIAL PROVISIONS - 24. Annual reports
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The Board must submit annual financial reports and related accounts to the Cabinet Secretary within seven months after each financial year (or a longer approved period) and must publish them as specified; the Authority must send copies to the Auditor-General who may examine the accounts and require further information; the Cabinet Secretary must lay the reports before Parliament as soon as possible.

Section 24. Annual reports Section 24(1) The Board shall, within a period of seven months after the end of each financial year, or within such longer period as the Cabinet Secretary may approve, submit to the Cabinet Secretary a report on the operations of the Authority during that year, and the auditor's report, together with the yearly balance sheet and such other statements of account as the Cabinet Secretary shall require, and the Board shall publish them in such manner as the Cabinet Secretary may specify. Section 24(2) A copy of every auditor's report, balance sheet and other statements of accounts submitted in accordance with subsection (1) shall be sent by the Authority to the Auditor- General, who may at any time examine the accounts, and the Auditor-General shall be entitled to require from the Authority and its auditors such further information and explanation as he may consider necessary. Section 24(3) The financial reports of the Authority with the yearly balance sheet and such other statements of account as the Cabinet Secretary may deem appropriate, together with the auditor's report and any report made by the Auditor-General, shall be submitted through the Principal Secretary and the same shall be laid by the Cabinet Secretary before Parliament as soon as possible after it has been submitted to the Cabinet Secretary and shall constitute an integral part of the Cabinet Secretary's report required under this section.

Part VII

DISPUTE RESOLUTION

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DISPUTE RESOLUTION - 25. Dispute resolution
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Registered irrigation water users associations must have a Dispute Resolution Committee of at least three members, and that committee must make decisions on disputes within thirty days of the hearing.

Section 25. Dispute resolution Section 25(1) Disputes related to irrigation and drainage scheme development, management, water allocations and delivery, financing, operation and maintenance and other matters shall be resolved within the irrigation water users association or at irrigation scheme level wherever possible. Section 25(2) Each association which is legally registered shall have a Dispute Resolution Committee that consists of at least three members selected by its governing body. Section 25(3) Decisions regarding any dispute contemplated under this section shall be made by the relevant Dispute Resolution Committee within thirty days of the hearing of the dispute in question.
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DISPUTE RESOLUTION - 26. Appeals
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If the water users association or an irrigation scheme cannot resolve a dispute, the dispute must be referred to the Dispute Resolution Committee before being referred to Court.

Section 26. Appeals Section Where the water users association or at the irrigation scheme level is unable to resolve a dispute, the same shall be referred to the Dispute Resolution Committee at the first instance to consider and determine the matter before the same is referred to Court.

Part VIII

MISCELLANEOUS AND OFFENCES PROVISIONS

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MISCELLANEOUS AND OFFENCES PROVISIONS - 27. Monitoring and evaluation
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Requires development and implementation of a monitoring and evaluation system for irrigation covering development, governance, management, regulation, provision and financing, including assessment of inputs, outputs, immediate outcomes and ultimate impacts.

Section 27. Monitoring and evaluation Section develop and implement a monitoring and evaluation system for the development, governance, management, regulation, provision and financing of irri gation at all levels, including assessment of inputs, outputs immediate outcomes and ultimate impacts based on the results; and
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MISCELLANEOUS AND OFFENCES PROVISIONS - 28. Protection from liability
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The Authority and its Board, members, officers, agents and servants are not liable for loss or damage for acts or omissions done in good faith and without negligence in performing or exercising any duty or power under this Act.

Section 28. Protection from liability Section No liability shall attach to the Authority or its Board or its members, officers, agents or servants for any loss or damage sustained by any person as a result of any act or omission done or omitted to be done in good faith and without negligence in the performance or exercise of any duty or power imposed or conferred by or under this Act.
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MISCELLANEOUS AND OFFENCES PROVISIONS - 29. Wilful damage
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Anyone who wilfully damages, steals, tampers with or interferes with irrigation infrastructure, watercourses, equipment or appliances commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or imprisonment for up to 24 months or both.

Section 29. Wilful damage Section Any person who wilfully damages an irrigation infrastructure, water course, equipment or other appliances, or steals or otherwise unlawfully tampers or interferes with such infrastructure, watercourse, equipment, or other appliance, commits an offence and shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding 24 months or to both such fine and imprisonment.
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MISCELLANEOUS AND OFFENCES PROVISIONS - 30. Destructive practices
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Prohibits or addresses activities or practices that are destructive or potentially destructive to catchment areas of a river or public water body supplying an irrigation scheme.

Section 30. Destructive practices Section engages in activities or practices which are destructive or potentially destructive to the catchment areas of a river or public water body supplying water to an irrigation scheme; or
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MISCELLANEOUS AND OFFENCES PROVISIONS - 31. Setting fire
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Section addresses setting or causing to be set on fire on an irrigation scheme or on any irrigated or drained farm, garden or plot.

Section 31. Setting fire Section sets or causes to be set on fire on an irrigation scheme or on any irrigated or drained farm, garden or plot; or
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MISCELLANEOUS AND OFFENCES PROVISIONS - 32. Harmful chemicals
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Anyone who applies prohibited chemicals on irrigation land commits an offence and faces a fine up to one million shillings, or up to five years' imprisonment, or both.

Section 32. Harmful chemicals Section Any person who applies or causes to be applied on an irrigation scheme, farm, garden or plot under irrigation any chemicals or substances prohibited under this Act or any other law for the time being in force, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term of five years or to both such fine and imprisonment.
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MISCELLANEOUS AND OFFENCES PROVISIONS - 33. Abstraction of water
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Anyone who takes water from an irrigation system or disrupts a scheme's distribution plan commits an offence and is liable on conviction to a fine (not exceeding two hundred and fifty thousand shillings), or imprisonment for up to one year, or both.

Section 33. Abstraction of water Section Any person who abstracts water from an irrigation system or disrupts the distribution plan of a scheme commits an offence and shall be liable on conviction to a fine not exceeding two hundred and fifty thousand shillings or to imprisonment for a term of one year or to both such fine and imprisonment.

Part X

REPEALS AND TRANSITIONAL PROVISIONS

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REPEALS AND TRANSITIONAL PROVISIONS - 35. Repeal of Irrigation Act, No. 13 of 1966
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Repeals the Irrigation Act (No. 13 of 1966).

Section 35. Repeal of Irrigation Act, No. 13 of 1966 Section 35(1) The Irrigation Act (No. 13 of 1966) is repealed. Section 35(2)(a) all the funds, assets and other property, both movable and immovable which were vested in the National Irrigation Board shall, by virtue of this paragraph, vest in the Authority; Section 35(2)(b) all rights, powers and liabilities which were vested in, imposed on or enforceable against the National Irrigation Board shall, by virtue of this paragraph, be vested in, imposed on or enforceable against the Authority; Section 35(2)(c) any reference in any written law or in any document or instrument to the National Irrigation Board shall be construed to be a reference to the Authority; Section 35(2)(d) the annual estimates of the National Irrigation Board for the current financial year shall be deemed to be the annual estimates of the Authority for the remainder of that financial year: Section 35(2)(e) the administrative directions made by the National Irrigation Board or by the Cabinet Secretary which were in force before the commencement of this Act shall have force as if they were directions made by the Authority or the Cabinet Secretary under this Act; Section 35(2)(f) any person who, immediately before the commencement of this Act, was an officer, agent, or member of staff appointed, seconded or deployed or otherwise employed by the National Irrigation Board shall become an employee or otherwise seconded or deployed to the Authority on similar terms and conditions of service or as may be provided by the law.

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