The National Irrigation Act, 2013
This section defines terms used in the Act, including who counts as an authorized officer, Commission, Director General, irrigator, irrigators’ organization, land or plot holder, and smallholder farmer.
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This section defines terms used in the Act, including who counts as an authorized officer, Commission, Director General, irrigator, irrigators’ organization, land or plot holder, and smallholder farmer. This section creates the National Irrigation Commission and gives it corporate powers, including suing, being sued, holding property, borrowing, contracting, and doing what is needed for its functions. The Commission may invest in irrigation development, including with the private sector, and may vary, withdraw, or realize those investments. The Commission must carry out coordination, promotional, and regulatory functions for irrigation development. The Commission may establish committees and decide their size, functions, terms, and conditions.
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Provisions of The National Irrigation Act, 2013
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Short title and commcnccmcnt
This section defines terms used in the Act, including who counts as an authorized officer, Commission, Director General, irrigator, irrigators’ organization, land or plot holder, and smallholder farmer.
2 . In this Act unless the contcxt otherwise rcquircs- “authorized officer” means an officer acting for and on behalf of the Commission. Local Government the Management Committee of Authority or Irrigators' Organisation the purposes of implementation of this Act; for ‘"canal" means an open channel allowing free or controlled include underground How of water and may channel”; “channel” means any ditch, channel. aqueduct, trench, tunnel, sluice, flume allowing free or conduct, controlled How of water for irrigation”; "Commission” means the National Irrigation Commission as established under section 3; “conduit” means a pipe or line of pipes o f any material or a series of culvcrts joined together for conveyance of water for irrigation or drainage purposes; ■'Director General” means the Chief Executive Officer of the Commission appointed under section 8; "distribution system” includes- (a) all main canals or conduits, branch canals or conduits, distribution canals or conduits or minor canals constructed, maintained and operated for the supply and distribution o f water for irrigation; (b) all works, structures and appliances connected with the distribution of water for irrigation; and (c) all field channels, farm channels and other related channels and structures under a sluice or turn out; “drainage” means the removal of water from the surface or subsoil of land by natural or artificial means for betterment of agriculture or other purposes; “drainage system” means a series of structures and other allied infrastructure including the main, secondary, field drainage canals or conduits tertiary and necessary for the removal 6 No. 5 National Irrigation Act 2013 of cxccss water and salts from an irrigation scheme in order to allow effective agricultural operations and to prevent water logging; “drainage water” means water which is removed from land by means of drainage works or by natural drainage means; ‘‘drainage works” and maintenance of drainage canals and channels including sub-soil drainage pipes, culverts, banks, water gates, sluices and other similar works for drainage purposes; construction includes the “Fund” means Irrigation Development Fund as established under section 52 of this Act; “field channel” means irrigation system channcl used to convey irrigation water from tertiary canal into the fields: “headworks" means the engineering works constructed at the point of abstraction of irrigation water such as structures on a river stream, pumping system or works at a dam or water reservoir; ‘integrated Water Resources Management” means an resources management and approach development which holistically considers all users o f the resource upstream and downstream o f the system including the ecology; in water ‘‘irrigable” as applied to land means land of such situation and quality as to be capable of being irrigated from the works or proposed works of an undertaking; “irrigation” means the application of a specific amount of a particular location in order to meet the water at requirements of a crop growing at that location in amounts that arc appropriate to the crop’s stageof involve the application of growth, it can also water in amounts necessary to bring soil to the desired moisture level prior to crop planting; “irrigation activities” means operation and maintenance of the irrigation system in an irrigation scheme for the purpose of crop production; No. 5 National Irrigation Act 2013 “irrigation area” means an area irrigated or capable of being irrigated either by gravitational flow or by lift irrigation or by any other method so declared by the Minister responsible for land under the provisions o f section 16 of this Act; “irrigation efficiency” means a ratio between the amount of water effectively used for crop growth the amount diverted from the source; to “Irrigation Inspector” means an officer appointed under section 13 o f this Act to work as inspector; “irrigation potential” means a total area which is technically feasible, economically and financially profitable, socially viable and environmentally acceptable that is irrigated or capable o f being irrigated on the basis and o f water suitability; availability, availability land “irrigation project” means an undertaking to rehabilitate, irrigation and upgrade, improve or develop an drainage system within a specified time frame; “irrigation scheme” means an area where crops are grown under irrigation through any method including Hood fed canal systems recession; gravity or pump supplying either surface or groundwater; water harvesting and pressurized systems such as drip and sprinkler; “irrigation season” means that period o f time determined by the Irrigators’ Management Committee during which irrigation water shall be made available to an irrigation area; “irrigation service” means all activities aimed at enhancing sustainability of an irrigation scheme including but not limited to studies, planning, research, designing, of construction, irrigation scheme and capacity building programme; “irrigation service fees” means fees payable and collected in terms o f section 39 of this Act for the purposes of meeting costs of development, operations and maintenance o f irrigation works; and maintenance operation No. 5 National Irrigation Act 2013 / ‘irrigation system” means a series of structures and other allied infrastructure including the headworks, water conveyance farm distribution infrastructure, machinery and equipment, necessary to provide the supply of water for irrigation to a parcel of land; systems, and “irrigation water” means water which is put on to or retained on land in an irrigation area by means of irrigation works and includes water reaching such land as rainfall; “irrigation works or irrigation and drainage infrastructure” means physical infrastructure developed or installed in an irrigation system for the purpose o f facilitating availability of irrigation water from a water source for crop production covering abstraction structures, conveyance structures, drainage structures and on-farm service roads and include- (a) distribution structures, all canals, field channels, dam and tanks, tube wells and filter point wells which are intended or which may be used the supply, collection, storage or retention o f water used for the for agricultural purposes; for (b) all works, embankments, structures, supply and escape channels connected with such canals, channels, dams or tanks and spouts installed to supply water; (c) all water courses which arc supplied with water from such canals, channels, dam, tanks or spouts; (d) all drainage works associated with irrigation systems, that is to say, canals, channels, escape channels from a canal or channel, dam or tanks, weirs, embankments, sluices, groynes, field channels, and other works for the protection or the benefit of agricultural reclamation of such other lands; lands or for (e) all works intended for preventing or regulating 9 No. 5 National Irrigation Act 2013 the entry of salt water into agricultural lands; (t) all works in an irrigation scheme occupied by irrigators for the purpose o f facilitating irrigated agriculture such as canals, channels, reservoirs or tanks and all buildings, machinery, fences, gates and other erections on such lands; and any by other work which the Commission may. notification, declared to be an irrigation work; “irrigator” means an individual, company, or organization which undertakes irrigation operation in a particular scheme; “irrigators’ organization” means group of farmers formed and registered under this Act or any other written law, and approved by the Commission pursuant to section 29 o f this Act to- (a) accommodate jont interests and activities of all farmers on an irrigation scheme; and (b) ensure increased and crop productivity through optimal management of land, irrigation water and operation and maintanance of their scheme; production “land or plot holder” means the owner, or any other person in lawful possession of land in the irrigable area of any irrigation scheme recorded as such the records of the Commission and includes a lease or tenant and cultivator or other person in actual possession, management or control of any irrigable land; in “large scale irrigation scheme” means an irrigation scheme with a command area greater than two thousand hectares; “lift irrigation work” means an irrigation work by which water is supplied for agricultural purposes with the aid of a pump set or other mechanical devices; “local government authority” means a local government the Local Government “local construed authority as defined (District Authorities) Act government authorities” shall be term and in No. 5 National Irrigation Act 2013 accordingly; “medium scale irrigation scheme” means irrigation scheme with a command area between five hundred and two thousand hectares; “member” means a member of the Commission, including the Chairman; “Minister” means the Minister responsible for irrigation; “minor irrigation work” includes any irrigation work facilitating irrigation or useful for the drainage or protection of an irrigable area of not more than fifteen hectares but shall not include a lift irrigation work; “prescribe” means prescribed by Regulations or Rules made under this Act; Cap. 97 “Regional Secretariat” means the Regional Secretariat Caps. 113 and 114 established under the Regional Administration Act; “right of occupancy” has the meaning ascribed to it under the Land Act and Village Land Act; “shared functions” means a joint function undertaken or to be undertaken by all stakeholders as may be agreed extension upon services, inputs supply, crop development and promotion, infrastructure development; irrigation and drainage including research, training, “smallholder farmer” means a farmer engaged in irrigation farming on a small holding of agricultural land which is up to five hectares and which is worked by only himself or with members of his family; “small scale irrigation scheme” means an irrigation scheme with a command area up to five hundred hectares; sector irrigation local “stakeholders” means a person or an organisation involved central the in government, authorities, Commission, development partners, cooperative societies, producers, dealers o f irrigation equipment, input suppliers, research and extension service providers and all persons with vested interest in government including 11 No. 5 National Irrigation Act 2013 Cap. 331 Cap. 3 3 1 E stablish m ent o f the N ational Irrigation C om m ission irrigation development; “water course” means a river, stream, springs, channel, lake and includes any tributary or branch o f any river, stream, springs or channel; “water management” means all deliberative human activities designed to optimize the availability and utilization of water for agricultural purposes; “water resource” has the meaning ascribed to it under the Water Resources Management Act; “water user” includes any individual or body corporate or a society or an institution or organization using water for any purpose from an irrigation system; “water use permit” to ascribed Management Act. shall have the same meaning as the Water Resources it under PAR'I' II ADMINISTRATION - 3
This section creates the National Irrigation Commission and gives it corporate powers, including suing, being sued, holding property, borrowing, contracting, and doing what is needed for its functions.
3.-(l) There is hereby established a Commission to be known as the National Irrigation Commission. (2) The Commission shall be an department o f responsible for irrigation. the Government under independent the Ministry (3) The Commission shall be a body corporate with perpetual succession and a common seal and shall in its own corporate name, be capable of- (a) suing and be sued; (b) acquiring and disposing movable or immovable properly; (c) borrowing money and entering into contracts or other transactions; and such other (d) doing all for proper performance of its duties, and discharge its functions under this Act and any other subsidiary legislation made thereunder. things (4) Notwithstanding the preceding provisions of 12 No. 5 National Irrigation Act 2013 this section - (a) the Commission shall have a duty of notifying the Attorney General o f any impending suit or intention to institute a suit or matter the Commission; for or against intervene (b) the Attorney General shall have the right in any suit or matter to instituted by or against the Commission. (5) Where the Attorney General intervenes in any matter in pursuance of subsection (4), the provisions o f the Government Proceedings Act, shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the Government. (6) The Commission shall have a governing Board composed of a Chairman appointed by the President and ten other members appointed by the Minister as follows- Cap. 5 (a) representative nominated from Ministry responsible for agriculture; representative nominated from (b) a the the- Ministry responsible for land; (c) a representative nominated from the Ministry responsible for water; (d) a representative nominated from the environmental Ministry responsible for matters; (e) a Principal State Attorney nominated by the Attorney General; (f) a representative nominated from responsible for the local Ministry government; (g) a the representative nominated from Ministry responsible for livestock and fisheries development; (h) two representatives from the Irrigators’ Organizations; (i) a person qualified in matters relating to 13 No. 5 National Irrigation Act 2013 irrigation nominated a higher learning institution that offers irrigation training programme. from (7) The Director General of the Commission shall be the Secretary. (8) In exercising powers under subsection (6). the nominating authority shall- (a) ensure that the nominated person has adequate knowledge and competence in his respective profession; (b) nominate a principal officer; and (c) take into account gender balance. (9) The provision of the First Schedule shall have effect as to tenure of office, cessation of membership and other proceedings of the Commission. (10) The Minister may, by Order published in the Gazette. amend, add to, vary, revoke or replace any o f the provisions o f the First Schedule other than the provisions set out in paragraph 2 of the Schedule. Investm ent in the Irrigation d ev elo p m ent - 4
The Commission may invest in irrigation development, including with the private sector, and may vary, withdraw, or realize those investments.
4.-(l) Subject to the provisions o f this Act, the Commission may by itself or in collaboration with the private sector, invest in the irrigation development as the Commission may deem fit, and may from time to time vary, withdraw or realize any such investments. (2) The Commission shall exercise such powers for the carrying out of such activities as are necessary and advantageous in the development and management of the irrigation sector. (3) The Commission monitor, regulate and supervise functions o f the Commission as prescribed under this Act. the shall primarily oversee, implementation of F unctions and pow ers o f the C om m ission - 5
The Commission must carry out coordination, promotional, and regulatory functions for irrigation development.
5.-(l) The Commission shall be responsible for coordination, promotional and regulatory functions in the development of the irrigation sector. 14 No. 5 National Irrigation Act 2013 (2) Without prejudice to the generality o f subsection (1), the Commission shall- (a) advise the government on implementation and review o f the National Irrigation Policy, Strategy, National related Irrigation Master Plan and legislation; (b) represent and international fora and collaborate with both local and international firms or organizations in all matters pertaining to irrigation development and management; the government in national (c) coordinate all interventions in irrigation sector conducted by the development partners and other stakeholders; (d) promote and maintain cooperation in irrigation and drainage with similar bodies in other countries and with international bodies connected with irrigation and drainage; (e) advise the Minister on declaration of irrigation areas for the purposes of this Act; (0 plan, carry out construct, supervise and administer implementations o f the studies, design, . irrigation projects; (g) establish and maintain irrigation construction equipment centres and provide hiring services to support the private sector in irrigation investment; (h) register and maintain a register of all Irrigators; (i) promote institutional programmes and support persons connection with the irrigation sector; purposes for o f linkages the training recruitment of in employment (j) act as a forum for information sharing pertaining (k) build capacity to irrigation and drainage matters; irrigators effective participation at all levels in irrigation planning, implementation, operation and management; for of (1) undertake and coordinate research, disseminate the technologies emanating appropriate from 15 No. 5 National Irrigation Act 2013 research findings and provide technical support services on irrigation; (m) promote development of multipurpose water (n) storage facilities for irrigation purposes and other social economic activities; regulate development and to oversee collaboration among different players in the development of irrigation and drainage; all matters irrigation related to (o) approve construction of irrigation works, standards and guidelines for the development and management of irrigation and drainage; (p) promote efficient water use in irrigation systems and ensure compliance with the Integrated Water irrigation Resources Management approach in development; (q) advise the government in all matters relating to development and management of irrigation sector in the country; and perform any other functions which are necessary for effectively carrying out the purposes of this Act. (r) C om m ittees o f the C om m ission - 6
The Commission may establish committees and decide their size, functions, terms, and conditions.
6.-(l) The Commission may, for the purpose of facilitation of the performance of its functions under this to perform Act, establish such number of Committees specific functions as may be directed by the Commission. (2) The size, functions, terms and conditions o f such the shall be as may be determined by committees Commission. Seal o f the C om m ission - 7
The Commission may appoint agents or officers, and its common seal must not be affixed to an instrument unless the stated officials are present.
7.-(l) The common seal of the Commission shall not be affixed to any instrument except in the presence of the Chairman or the Director General, or in their absence, by an authorized officer of the Commission and two members of the Board. (2) The Commission may appoint and employ agents or officer to manage, administer, transact any business or do 16 No. 5 National Irrigation Act 2013 A ppoint m ent o f the D irector G eneral any act or render any services required to be transacted or done in the execution of its functions or for the better carrying into effect the purposes of this Act or any other written law enforced by the Commission. - 8
The Director General of the Commission is appointed by the President and must manage the Commission’s day-to-day affairs, enforce the Act, maintain records and registers, and follow Commission directives.
8.-(l) There shall be the Director General of the Commission who shall be appointed by the President from amongst persons with integrity, necessary qualifications, experience and competence to manage efficiently and effectively the affairs of the Commission. (2) The Director General shall be the Chief Executive Officer o f the Commission and shall be responsible for day to day administration and management o f the affairs o f the Commission and shall in particular- (a) be responsible for the management o f funds, property and business o f the Commission and for the administration, organization and control o f the staff of the Commission; (b) enforce the provisions of this Act and any other subsidiary legislation made thereunder; (c) keep in custody the seal of the commission; records of all (d) maintain activities of the Commission; (e) register and maintain a register o f irrigators and irrigation schemes; (f) monitor and assess activities being carried out in the irrigation schemes in order to ensure that they are advantageous to the national economy; (g) perform any other functions that are necessary for effective carrying out the provisions o f this Act. (3) For proper discharge o f his functions under this Act, the Director General may assign any function provided herein to any authorized officer. (4) In the performance of his functions under this Act or any subsidiary legislation made thereunder, the Director General shall comply with the directive of the Commission as may be issued from time to time. 17 No. 5 A pp o in t m ent o f other D irectors S ta ff o f the C om m ission National Irrigation Act 2013 - 9
The Commission must appoint or employ a number of Directors from among people with integrity, qualifications, experience, and competence.
9. There shall be such number of Directors to be appointed or employed by the Commission from amongst level of integrity, necessary persons who possess high to manage qualifications, experience and competence efficiently and effectively the affairs of the Commission. - 10
The Commission may create sections or offices, appoint staff, and set their service terms. Staff and employees have to serve on the conditions set by the Commission, and people moved or seconded to the Commission must keep employment terms no less favourable than before, with continuous service counted for pension and similar benefits.
10.-(1) The Commission shall have powers to establish such numbers of sections or offices as it may deem fit for proper discharge of its functions under this Act. (2)The Commission may appoint such officers or other staff as necessary for the proper discharge of its functions under this Act or any other written law and upon such terms and conditions of service as the Commission may determine. (3) Officers and employees of the Commission shall hold office for such period, reccive such salaries, allowances and benefits, subject to such terms and conditions of service as may be determined by the Commission. (4) Where a person is seconded or transferred to the service of the Commission under this Act, his terms and conditions of employment with the Commission shall not be less favourable than those of his previous employment in the public service, and his service with the Commission shall be deemed to be continuous with his previous employment in the public service for the purposes of determining his entitlement to and quantum of pension, gratuity or other superannuation benefit. R egional irrigation offices - 11
The Commission must establish regional irrigation offices, and Regional Irrigation Engineers must carry out the listed functions and be accountable to the Director General.
11.-(l) For effective discharge of functions of the Commission, the Commission shall establish such number of region irrigation offices to be headed by Regional Irrigation Engineers as it may deem fit. (2) A Regional Irrigation Engineers shall be responsible for the following functions- (a) provision of expertise and services to the local government authorities in the development and 18 No. 5 National Irrigation Act 2013 of management drainage infrastructure within respective jurisdictions in collaboration with other relevant authorities; irrigation and (b) identification of irrigation potential areas for development within their respective jurisdictions; (c) preparation of irrigation projects feasibility studies, detailed designs and tender documents; of support technical (d) provision local government authorities and the private sector in the development and management o f irrigation schemes in their areas; (e) preparation of manuals for operation and to maintenance o f irrigation schemes; (f) assisting in the formation of farmers irrigation organizations; (g) incorporate or mainstream environmental management issues in irrigation and drainage plans and designs; (h) data collection for irrigation data bank; (i) preparation of plans the utilization of groundwater and surface water resources for irrigation purposes; for (j) ensuring* quality control of irrigation and drainage infrastructure; (k) supervision of construction and rehabilitation of irrigation and drainage works; (1) dissemination of new construction innovations on irrigation and drainage infrastructure; (m) facilitation on the undertaking o f adaptive and irrigation and research on various applied drainage aspects; (n) promotion of renewable energy for irrigation and drainage purposes; (o) promotion on the use of locally available construction materials tested with positive results for optimization of costs and water losses; and (p) collaboration with under established Basin Water Boards Resources the Water 19 No. 5 National Irrigation Act 2013 (q) (r) issues Management Act to promote integrated Water Resources Management and regarding irrigation water use permits. to coordinate activities of the Commission and District Authorities on the enforcement o f this Act; facilitate promotion, development, fostering and upholding of authorities towards realization of their goals and targets pertaining to irrigation development; General government Director local the on the (s) advise (t) implementation of this Act; facilitate the designation of the District Offices in development and management; and foster areas the to Irrigation irrigation (u) perform such other functions as may be entrusted the better the Commission them by for to implementation of this Act. (3) A Regional Irrigation Engineer shall be appointed from amongst senior public officers with relevant qualifications, experience, skills and competence in irrigation development. D istrict Irrigation D epartm ents (4) The Regional Irrigation Engineer shall, in the performance o f his functions be accountable to the Director General. For the betterment of carrying out the - 12 Verify source ↗
Establishment o f National Irrigation Commission
The Minister may establish a District Irrigation Department, and local authorities must help it operate.
12.- (1) provisions of this Act, the Minister responsible for local government may, in consultation with the Minister establish Irrigation Department in a District Authority as may be advised by the Commission. (2) The District Irrigation Department shall be headed by the District Irrigation Engineer and equipped with professional qualified staff in relevant field. ■ (3) Functions of the District Irrigation Department shall be to assist the Commission in execution o f its functions as provided for under section 5 of this Act. (4) Without prejudice to the generality o f sub- 20 No. 5 National Irrigation Act 2013 section (3), the District Irrigation Department shall be responsible for the following- (a) to identify irrigation schemes, planning and and construction designing, maintenance of irrigation schemes in collaboration with the Regional Irrigation Offices; operation and (b) to provide linkage between Regional Irrigation Offices and irrigators’ organizations; (c) to collaborate with stakeholders districts as regards management of irrigation schemes: to in respective the development and (d) to collect, maintain and disseminate data relation respective areas; to the irrigation activities in in their (e) to the facilitate formation irrigators organisations and ensure that organisations are equipped with required skills for effective and sustainable irrigation management; o f that (1) to ensure irrigators are provided with • appropriate training for effective management of irrigation schemes for enhancing production and productivity of crops; (g) to support the formulation and enforcement of irrigation by-laws by the Irrigators’ Organizations in their jurisdiction areas; in soliciting funds for (h) to support irrigators irrigation development; disseminate (i) to guidelines on irrigation interventions; (j) to ensure that village leadership support irrigation development intervention in their areas; (1) (k) to provide backstopping services to the farmers in the irrigation scheme by establishing irrigation scheme management support teams; to implement all directives as regards to the irrigation development and management which may be issued by the Commission from time to time; and 21 No. 5 National Irrigation Act 2013 (m) to perform such other duties in regard to irrigation development as provided for under this Act. (5) The. District Irrigation Engineer shall, prepare on quarterly basis, a report on the performance o f his functions Irrigation to Engineer. for submission the Regional (6) In performing functions under this Act, the District Irrigation Engineer shall, when dealing with all technical issues relating to irrigation, be accountable to the Commission. (7) Every Local Government Authority shall facilitate establishment and operation of the District Irrigation Departments and ensure that all allocated resources are effectively utilized so as to achieve objectives o f this Act. A ppointm ent o f Irrigation Inspectors Pow ers o f Irrigation Inspector upon shall, - 13
The Commission may appoint qualified irrigation engineers or other qualified officers as Irrigation Inspectors, on the Director General’s recommendation and by Gazette notice.
13.- (1) The Commission the recommendation of the Director General and by notice published in the Gazette, appoint or designate qualified irrigation engineers or any other qualified officer from regional offices or under the local government authorities to be Irrigation Inspector who shall exercise powers generally respecting the irrigation matters provisions of this Act or as may be prescribed. in accordance with (2) Any person appointed or designated as Inspector under subsection (1), shall be given a certificate, identity card or a document as showing proof of his appointment or designation which shall be produced in the exercise o f his powers under this Act. (3) Inspectors appointed under this section shall, in the performance o f their function be accountable to the Director General. - 14
Irrigation inspectors may inspect, require documents, order corrective work, take samples, seize connected property, and issue stop orders; people on the land must give reasonable assistance.
14- ( 1) Inspector appointed or designated under section 13(1), may at any reasonable time o f day and upon reasonable notice - Irrigation An (a) enter into any irrigation scheme or any place No. 5 National Irrigation Act 2013 where irrigation activities are undertaken, and inspect and examine works for purposes of ensuring that the provisions of this Act or any regulation or rules made hereunder or any directions given or order made by the Minister, the Director General are being complied with; (b) require any person to producc for inspection or for the purpose of obtaining copies thereof or extract therefrom, any document relating to financing, drawings, designing, intended for the construction or installation of any irrigation work; (c) order the owner or occupier of the irrigation land to- (i) maintain, repair, renew 01* replace any channel, pipe, building, structure, fitting, equipment, tank, pond, dam or other facility forming part of the irrigation and drainage system; any channel, fitting, pipe, (ii) clear equipment, tank, pond, dam or other facility forming part of the irrigation or drainage the authority; provided system by (iii) clear the bush, weeds or sides of any drainage or irrigation works that are likely to damage works or harbour rats or other vermin. (d) inspect, examine or survey land in connection with the planning, design or construction of an irrigation or drainage system, or extensions to or alterations of, an irrigation or drainage system irrigation inspectors and for that purpose the may- (a) fix posts, land; or stakes or other markers on the (b) dig trenches or sink test holes on the land to determine the nature of the top soil 23 No. 5 National Irrigation Act 2013 and underlying strata; or (e) rernove samples of any material from the land for analysis; or (d) exercise any other powers that are necessary for the implementation of this Act. (2) The owner or occupier o f any land or premises and every person found therein, shall give to an Irrigation Inspector all reasonable assistance in exercising his powers provided herein. (3) An Irrigation Inspector may, if he has reasonable grounds that any of the provisions of this Act or regulations or orders made under this Act have been violated, seize any property or material which is connected to such violation or issue a stop order against any action to which the violation was committed. (4) Any person who is aggrieved by orders of an inspector under this section may, within fourteen days from the date of issuance of the orders, appeal to the Minister. (5) The Minister shall determine the appeal within twenty one days from the date of receipt o f such appeal. R estriction o f unqualified Irrigation Inspectors - 15 Verify source ↗
Appointment of Irrigation Inspectors
A person who is not qualified as an Irrigation Inspector must not act as one; doing so is an offence punishable by a fine, imprisonment, or both.
15. Any person not being qualified as an Irrigation Inspector, who purports Irrigation Inspector to act as commits an offence and upon conviction shall be liable to a fine not less than five million shillings or to imprisonment for a term o f not less than two years but not exceeding three years or to both such fine and imprisonment. PART III DECLARATION OF IRRIGATION AREA AND LAND CLASSIFICATION D eclaration of irrigation area
Part
PART III
- 16 Verify source ↗
17. Land acquisition for irrigation development
The Minister responsible for land may declare an area to be an irrigation area, and the declaration must include the area’s boundaries.
16.- (1) The Minister responsible for land may, after consultation with the Minister and by Order published in the Gazette, declare any area specified in the order to be an 24 No. 5 National Irrigation Act 2013 irrigation area for the purposes of this Act. (2) A declaration made under sub section (1), shall include the boundaries of such area and may define headworks and conveyance systems of any method. (3) Where it is proposed to constitute an irrigation area under sub-section(l), the Commission shall forward to the Minister a report with respect to the proposed areas which shall contain or be accompanied by the following particulars, namely- (a) map or plan showing the boundaries and the extent o f the lands proposed to be comprised in the area; (b) a description setting forth the scheme and purpose of the proposed irrigation works; (c) a general plan, prepared on a scale approved by the Minister, showing the nature and extent of the proposed irrigation works; (d) report on the Environmental and Social Impact Assessment; (e) an estimate o f the total cost o f the irrigation works if to be constructed by the Commission and of the annual charges necessary for the maintenance and management of the scheme; (f) an estimate of the annual revenue expected to be derived from the proposed works; (g) an estimate o f the quantity o f water that is proposed to be made available for use for irrigation purposes in the area, after making allowance for present and probable future requirements for all or any other purposes; and a statement on the sources from which it is proposed to obtain it. specifying, where deemed necessary, the quantity and quality o f water proposed to be taken from each of such sources and the seasons at which it is to be taken; (h) statement o f the existing water sources within or outside of the area, over or from which it is intended that the Commission should exercise any control or draw any part of its supply, and the nature or extent 25 No. 5 National Irrigation Act 2013 o f such control, and for what purpose such control is necessary;" (i) an estimate of the approximate value of the existing irrigation Works, if any, within the area which it is proposed that the Commission should take over from any existing authority or person; (j) a statement of the quantity o f irrigable land that may be beneficially irrigated, and of the character and description and value of such land in its then state, including all existing improvements; (k) information in respect to the advantages which are likely to accrue generally from the establishment of the irrigation schemes in the said irrigated area; and (1) any other information as may be prescribed in the Regulations. (4) The Minister may, at any time and upon advice of the Commission, by order published in the Gazette- (a) combine two or more irrigation areas into one area; (b) divide an irrigation area into two or more areas; (c) alter the boundaries of an irrigation area by including in an area part of another area and excluding it from the latter; (d) include in an irrigation area an outlying area of the scheme; (e) abolish any irrigation area; or (1) adjust any financial or other matters in his opinion has an advantage or is beneficial for the irrigation development in the country. (5) Where any declaration referred to in sub-section (1), affects the existing land rights, the holder of such land shall be to be entitled compensated in accordance with relevant Land Law or as may be agreed upon or to both. to be a shareholder or if he so wishes 26 No. 5 National Irrigation Act 2013 Land acquisition for irrigation D evelop ment Cap. 118 - 17 Verify source ↗
Land acquisition for irrigation development
The Minister may advise the President to acquire land or an estate for irrigation development, but only after consulting the land and local government ministers and subject to the Land Acquisition Act.
17.-(1) Where it is necessary for better achievement of objectives o f this Act, the Minister may, upon consultation with the Minister responsible for Land and Minister responsible for Local Government, advise the President to acquire, subject to the provisions of the Land Acquisition Act, any land or any estate for the purposes of irrigation development. (2) There shall be evidence of consultations with affected persons or Village General Assemblies o f affected areas submitted to the President together with the advice of the Ministers. C lassifi cation o f irrigation land - 18 Verify source ↗
Classification o f Irrigation land
The Commission may classify land in an irrigation area for suitability for specific crops and irrigation methods, if the Director General recommends it.
18. The Commission may, upon the recommendation o f the Director General, classify all land within an irrigation area for its suitability for specific crops and irrigation methods. PART IV CONSTRUCTION OF IRRIGATION WORKS U ndertaking o f irrigation w orks
Part
PART IV
- 19 Verify source ↗
Undertaking of irrigation works
Several kinds of persons and organizations may undertake irrigation works in an irrigation area, and the Commission may support such works.
19.- (1) For the purposes of this Act, irrigation works may be undertaken in an irrigation area by- (a) Local Government Authorities; (b) individual farmer; (c) irrigators organizations; (d) registered companies or firms; (e) Governmental or Non-Governmental Organizations; or (f) any other person approved by the Commission pursuant to this Act (2) Notwithstanding the provisions o f subsection (1), undertaking of irrigation works may be supported by the Commission in collaboration with any of approved entities. (3) Where a local government authority or any other irrigated person or corporate body agriculture including carrying out studies, undertaking, operation and maintenance, may request for the services o f the Commission to undertake such activities subject to such terms and conditions as may be agreed upon. intends invest to in 27 No. 5 National Irrigation Act (4) Where necessary, construction of irrigation schemes shall among others, consider incorporation of watering points for the purposes of providing drinking water for livestock. A pplication lor construction o f irrigation w orks Cap. 191 - 20 Verify source ↗
Application for construction of irrigation works
Irrigation works cannot be constructed until the scheme is submitted for approval and an environmental impact assessment is done; applicants must seek approval and provide required documents, and the Director General must refer satisfied applications to the Commission and issue an irrigation certificate for approved works.
20.-(l) No irrigation works shall be constructed until the proposed scheme of the undertaking has been submitted to the Commission for approval and such project is subjected to the Environmental Impact Assessment as provided for under the Environmental Management Act. (2) Any person other than the Commission who wishes to construct irrigation works in any irrigation area shall first apply for the approval of the Director General or any authorized officer acting on his behalf pursuant the procedures prescribed in the regulations made under this Act. to (3) Application made under subsection (2) shall be accompanied with the following- (a) design report: (b) list of drawings; (c)'bill of quantities; (d) (e) title deed in case o f private sector; (f) registration certificate issued under this Act for water use permit; aggregated farmers; (g) detailed feasibility study report; and (h) such other information as may be required by the Commission. (4) Where the Director General is satisfied with the contents o f the application, he shall refer to the Commission for approval, a list of applicants with this respective irrigation works. (5) The Director General shall issue an irrigation certificate to every approved construction irrigation work. 28 No. 5 National Irrigation Act 2013 C onstruction and com m i ssioning o f irrigation w orks b> C om m ission it is - 21
The Commission may publish a Gazette notice declaring its intention to carry out an irrigation work on an irrigation area.
21. Where the Commission considers that necessary, in the interest o f the general public, to construct an in irrigation work of any kind on an irrigation area the collaboration with any person or body o f persons, Commission may, by notice publishing in the Gazette, declare its intention specifying the area which is proposed to be covered by such irrigation work and such other particulars of the intended irrigation. C onsequ ences o f construction o f irrigation w orks Cap. 331 to - 22
The Commission or authorized persons may regulate and manage water from an irrigation work they construct, and people generally may not build irrigation works, block water flow, or use Commission-controlled irrigation water for non-domestic purposes without authorization.
22.-(l) Subject the provisions o f the Water Resources Management Act, where the Commission or any person authorized under this Act constructs an irrigation work for utilizing the water from a water source, the Commission or such other person shall be entitled to regulate abstractions, utilize, protect and distribute water in accordance with water use permit from such water source in such a manner as may suit the public purpose. (2) No person shall, without the sanction of the Commission or such authority as may be authorised by the Commission in that behalf, construct any irrigation works or interfere with or obstruct the flow of water in any water channel. (3) No person shall use water from any irrigation work owned or controlled or maintained by the Commission for any purpose other than domestic purpose without the authorization by the Commission or any other authorized officer. C om pensa tion for dam age suffered due to construction o f irrigation w orks. - 23 Verify source ↗
Construction and commissioning of irrigation works by
A person who suffers material damage from irrigation works or related powers is entitled to compensation, and the Commission may entrust construction of irrigation works to specified bodies.
23. Any person who, by reason of the construction of an irrigation work or exercise o f any powers by any person or body of persons under this Act, suffers material damage on account o f the deprivation or infringement o f his right to use water source for the purpose o f irrigating his land or for any other purpose, shall be entitled to a compensation for such damage in accordance with relevant laws governing compensation. 29 No. 5 National Irrigation Act 2013 E ntrustm ent o f irrigation w orks 24-( 1) Where the Commission it necessary so to do, it may, subject to such terms and conditions as may be specified by it, entrust the construction o f irrigation works, to any local government authority or irrigators organization or to any other body corporate. considers (2) The 'local government authority or irrigators’ organization or any other body corporate to which any work is entrusted under sub-section ( 1) shall undertake the operation and maintenance of such work after completion of formal agreement which shall stipulate terms and conditions for such maintenance and upkeep. C onstruction o f m inor irrigation w orks - 25 Verify source ↗
Construction of minor irrigation works
The Commission may enter into service level agreements to support construction and maintenance of minor irrigation works.
25. The Commission may enter into service level agreement with the local government authority, irrigators organizations or any person for providing support in the construction and maintenance of all minor irrigation works as may be agreed upon. PART V CATEGORIZATION AND APPROVAL OF IRRIGATION SCHEMES AND IRRIGATORS C ategori- 26.-(l) The following shall be categories o f irrigation schemes for the purposes of this Act- o f irrigation schem es (a) small scale irrigation schemes; (b) medium scale irrigation schemes; and (c) large scale irrigation scheme. (2) All irrigation works on an irrigation area shall be to subject categorization at the Commission, regional and district levels in the manner provided for in the Regulations. registration according approval or to C ategori- a p p ro v al o f irrigators
Part
PART V
- 27 Verify source ↗
Categorisation of irrigation schemes
Section 27 classifies who can count as an irrigator and sets conditions for an individual farmer or body corporate to be recognized and approved as one.
27.-( 1) The following irrigators for the purposes o f this Act- shall be categories of (a) individual farmers; (b) Irrigators Organizations; (c) companies; 30 No. 5 National Irrigation Act 2013 (d) public entities; (e) Non-Governmental Organisations; and (f) any other body of persons. (2) An individual farmer or body corporate shall be recognized and approved as an irrigator pursuant to this Act if he- is the owner or occupier of the land in a particular irrigation scheme and is a holder o f Water Use Permit for irrigation purposes as issued under the Water Resources Management Act; is in the approved irrigation scheme; and is a holder of irrigation certificate issued under this Act. PART VI MANAGEMENT OF IRRIGATION SCHEMES M anagem ent o f irrigation schem es
Part
PART VI
- 28 Verify source ↗
Management of in i. .ition schemes
Irrigation schemes may be managed by several types of bodies, and the Commission, Regional Secretariat, and local government authorities must work with irrigators to support scheme management.
28.-(l) An irrigation scheme shall be managed by the local government authorities, public or private entities, individual farmers, or irrigators’ organizations or any other body or body corporate. (2) For effective management of irrigation schemes, it shall be the duty of the Commission, Regional Secretariat and in collaboration with respective irrigators, to- local government authorities (a) promote the organizations; formation o f irrigators’ (b) ensure that all farmers owning in an irrigation scheme are members o f the irrigators’ organization; land (e) (c) strengthen the capacity o f irrigators; (d) support to prepare by-laws and irrigators facilitate their enforcement; institute mandatory transaction on transfer of land from one farmer to another in an irrigation scheme for openness and transparency pertaining to the responsibility for the operation and maintenance o f the irrigation infrastructure formal 31 No. 5 National Irrigation Act 2013 where necessary; (f) create awareness on Integrated Water Resources Management approach; Cap.331 effective (g) facilitate the establishment o f apex forums of the irrigators’ organization to enable them to have representation of schemes management into river basin management sub system as provided for in the Water Resources Management Act; institute public private partnership arrangement for effective operation and maintenance of irrigation schemes; (h) (i) undertake transitional measures by providing competent staff to form scheme management support teams while the farmers through their organizations are getting experience to take over their responsibilities; large commercial and to ensure (j) monitor public entities and private investors in irrigation medium schemes the that prevailing contractual agreements and propagate the benefits of their experience to the out- growers; (k) promote they abide by management irrigation infrastructures by service providers in the private demonstrated sector where inadequate capacity; awareness on and participatory, demand driven, cost sharing and schemes investments recovery implemented through public funds; enforcement (1) create farmers have for on o f (n) establishment (m) promote development of value addition and marketing infrastructure to leverage investment; ensure and maintenance of irrigation data base at both national and local government effective planning, implementation and management of irrigation interventions; and authority levels for 32 No. 5 National Irrigation Act 2013 (o) perform any other functions. (3) Irrigators in a particular irrigation scheme shall be recognised as beneficiaries of the said scheme and as such, they shall- (a) be responsible for identifying problems and opportunities associated with their schemes; (b) participate in fully the planning, design and implementation of irrigation development and and be responsible maintenance of their in specified areas within the respective schemes; and irrigation schemes operation on (c) be entitled to receive relevant training and information on the management o f water, environment, practices. irrigation and best agronomic K slablish- m ent o f irrig ato rs’ organization - 29 Verify source ↗
30. Objects of the lrrigator.s‘ Organizations
The Commission and local government authorities must help establish irrigators’ organizations; farmers in a scheme must join the organization and follow its by-laws once registered.
29.-(l) The Commission in collaboration with the local government authorities, facilitate establishment of the irrigators’ organizations with due consideration o f layout of a particular irrigation scheme. (2) With effect from the date of registration, all the farmers having agricultural lands or fields within a particular irrigation scheme shall be required to become members of the organization and be bound by the organization’s by - laws. (3) There shall be an officer the management of the activities of the irrigators’ organizations who shall be designated or appointed from the District Irrigation Department by local government authorities after consultation with the Commission. the relevant to assist in to time (4) The Commission or local government authority time, give directions or suggest may, from modifications as and when required for the functions of the Irrigators’ organizations or committee or authorise any officer or body o f officers for forming and monitoring the activities o f such organizations. 33 No. 5 National Irrigation Act 2013 O b je cts o f th e ir r ig a to rs ' o r g a n iz a tio n s Cap. 191 Cap. 331 Functions o f the Irrigators' O rganiza tions - 30 Verify source ↗
Objects of the lrrigator.s‘ Organizations
Irrigators’ organizations must include objectives for fair water distribution, water conservation, good system maintenance, efficient water use, crop optimization, and environmental protection.
30. Objects o f the irrigators’ organizations shall include- (a) (b) (c) to promote and secure equitable distribution of irrigation water among its users; to create awareness for water conservation, adequate maintenance of the irrigation systems, efficient and economical utilization of water to optimize crop production; and to protect the environment and to ensure ecological balance by involving the farmers, inculcating a sense of ownership o f the irrigation systems in accordance with the Environmental Management Act, the Water Resources Management Act, and any other related legislation. provisions the of - 31 Verify source ↗
Sourccs o f funds for the Irrigators’ Organizations
Irrigators’ organizations must carry out the listed water-management, recordkeeping, maintenance, fee-collection, and dispute-resolution functions.
31. following functions- The irrigators’ organizations shall perform the as (b) to prepare cropping pattern (a) to prepare and implement water schedule for each irrigation season, consistent with the operational plan, based upon the water use permits, area, soil the approved by and Commission or Local Government Authority; the operation and for maintenance of irrigation system at the end of each cropping season and carry out the maintenance works of the irrigation system under its control with the funds o f the irrigators organization from time to time; (c) to regulate the use of water and a plan land its in irrigation system; (d) to promote water use efficiency o f allocated water; (e) to assist the Commission or local government authority in the collection o f irrigation service fees and cost recovery fees as the case may be: (1) to maintain a register .o f organization member'' w i t h i n land holders and irrigation their 34 No. 5 National Irrigation Act 2013 scheme; • (g) to prepare and maintain an inventory of the irrigation system including assets and liabilities within their irrigation scheme; (h) to monitor and keep records o f water flows for irrigation; (i) to resolve any dispute between the members within their irrigation scheme; (j) to cause and maintain annual audited accounts and other records as may be prescribed; (k) to review regularly water allocations and periodical performance monitoring and evaluation as may be prescribed; and (1) to perform any other functions as may be prescribed in their by- laws. - 32 Verify source ↗
Procedure for taking up works
Irrigators’ Organizations must keep their own funds to manage their activities.
32. The Irrigators’ Organizations shall maintain their own funds for proper management o f their activities such funds shall comprise the following- (a) fees collected from their members as provided for in their by-laws; (b) such other funds received by way o f grant or donation from the government, individuals or body corporate to support for the irrigation development in their area of operation; and (c) any amount received from any other lawful source. - 33 Verify source ↗
Allocation of irrigation plots
The Commission or local government authority authorizes irrigators’ organizations to do rehabilitation works under supervision, and the management committee allocates or authenticates plots for members.
33. The Commission or local government authority shall authorize the Irrigators’ organizations to take up and execute all the works for rehabilitation o f their irrigation systems under close supervision of the Commission or Local Government Authorities as the case may be. the For irrigators organisations, the Management Committee o f the irrigators’ organisation shall in consultation with the Village General Assembly, authenticate ownership o f plots or allocate plots on schemes owned by 35 Sources o f funds for the Irrigators’ O rganiza tions Procedure for taking up works. - AI location o f irrigation plots No.. 5 National Irrigation Act 2013 an irrigation scheme as the case may be, to its members for such terms and conditions as it deems fit for effective development of irrigation within its area. In (2) authentication or allocating plots, the Management Committee shall have regard to the residence of the farmer and his capacity the authenticated or allocated land. to effectively manage (3) A plot shall be registered in the name of a person whom the plot has been authenticated or allocated and shall be held by such registered holder for a period specified in the certificate of allocation as the case may be. (4) A registered holder of a plot may in consultation with his Management Committee, dispose or transfer his right to any person or body corporate pursuant to the relevant land laws. Where the right to hold a plot is transferred to (5) another person, fully responsible for the management of the land and associated irrigation infrastructure in accordance with the provisions of this Act. such new owner shall become D isputes settlem ent on irrigation schem es - 35 Verify source ↗
Disputes settlement on irrigation schcmes
The Commission must work with local authorities, basin water boards, and irrigators to reduce water and land conflicts in irrigation schemes, and it must set up an amicable dispute-settlement mechanism.
35.- (1) irrigation schemes, In order to minimize water and land the Commission shall conflicts on collaborate with the local government authorities, basin water boards and respective irrigators using water from the same source and establish a mechanism for amicable settlement of disputes within the schemes through involvement of relevant government institutions or systems. Cap. 3 3 1 (2) For the purpose of this section Basin Water Board means Basin Water Board established under the Water Resources Management Act. 36 No. 5 National Irrigation Act 2013 iiiidraw Mirrciiicr of m i l l i o n pioiN liruu u ' - 36 Verify source ↗
Withdraw and surrender of irrigation plots
For irrigation-scheme plots, the Land Act and Village Land Act rules on withdrawal or surrender apply when a holder breaches ownership or occupation conditions, or wants to surrender the plot.
36. The provisions of Land Act and Village Land Act governing land withdraw or surrender o f land shall apply in relation to any holder of a plot w'ho breaches the conditions for ownership or occupation o f a plot in irrigation schemes or wishes to surrender the plot as the case may be. !>(,wcr i« o!h!j !I L agricultural practices irri«; uion m ethods m lhc irrigation area efficiency on an - 37 Verify source ↗
Power to prescribe good agricultural practices and irrigation
The Commission may declare and specify which farming systems and irrigation methods must be used in an irrigation area, and people must not use other methods once a notification is published.
37.-(l) Whenever the Commission is satisfied that for better utilization of land for irrigation and water use is expedient and irrigation scheme, desirable in public interests to regulate the kind o f agricultural practices and irrigation methods on irrigation area under such irrigation scheme, may by notice published in the Gazette, make a declaration to that effect. it the (2) Subject to sub-section (1), the Commission, after consultation with local irrigators and government authority, may specify by notification published in such manner as may be prescribed, the kinds o f farming systems and irrigation methods that shall be practiced on any irrigation area. respective (3) On the publication of a notification under sub section ( 1), no person shall practice farming systems or use irrigation methods other such than notification during the period specified in such notification. specified that in (4) Any person who contravenes the provision o f sub section (3), commits an offence and upon conviction shall be liable to a fine not less than two million shillings but not exceeding ten million shillings or to imprisonment for the terms o f two years or to both. 33 Pow er to (i) Where the Commission considers that any irrigation scheme owned by any person or body o f persons is irrigation w orks for neglected or mismanaged, for the public interest, may by notification to such owner or occupier, temporarily take over m aintena the scheme and place under its management or management of the local government authority for maintenance. 37 No. 5 National Irrigation Act 2013 (2) For the purpose o f subsection (1), the Commission shall return the management o f the scheme to the owner or occupier after necessary remedies and recover from the owner or occupier of the scheme, the costs relating to operation and maintenance thereof. Irrigation service fees Irrigation schem es 39-(l) The Minister shall upon consultation with the Minister responsible for Finance, and by order published in the Gazette prescribe irrigation service lees and such other fees or charges in an irrigation area. irrigation operation and maintenance for (2) The irrigation servicc fees shall be collected by the local government authorities or Commission, irrigators' organizations as the case may be for operation and maintenance of irrigation schemes. - 40
This section assigns responsibility for operating and maintaining irrigation schemes based on scheme size and ownership, and lets the Irrigation Inspector require land owners to fix failures by notice.
40.-(l) Depending on the size and nature of an for operation and irrigation maintenance o f such schemes shall be as follows- responsibility scheme, the (a) for small scale irrigation schemes, the owners of the lands benefited by the irrigation system shall the operation and be solely maintenance unless otherwise specified; responsible for field level and (b) for medium and large scale irrigation schemes, the irrigators benefited by the irrigation system shall be responsible for the operation and maintenance of secondary and tertiary conveyance systems up to the the Local Government Authority or the Commission as the case may be, shall proper management of headworks and main conveyance systems unless otherwise specified; and for privately owned irrigation schemes, it shall be responsibility of the owner of the scheme to the operate and manage the irrigation system unless otherwise specified. responsible ensuring for be (c) (2) Where the land owners fail to operate and maintain 38 No. 5 National Irrigation Act 2013 irrigation of lands of such owners, their irrigation schemes and the Irrigation Inspector is satisfied that operation and maintenance of schemes is necessary for proper the Irrigation Inspector shall by notice, require the land owners concerned to operate and maintain the systems within such time or manner as may be specified in the notice. C learance o f banks - 41
The Commission and Irrigation Inspector can require land owners or occupiers in irrigation or drainage areas to clear harmful works, and can stop planting that may damage those works or attract pests.
41.- ( 1) The Commission may, by notice in writing, require the owner or occupier of any land within any irrigation or drainage area to clear the banks or sides o f any drainage or irrigation works that is likely to damage such works or harbour pests. (2) Such nolicc shall require the owner or occupier to take the necessary action within a certain fixed time, which shall not be less than fourteen days from the date of the service of the notice, and if default is made in complying with the notice the Irrigation Inspector may enter provisions o f such upon such land and cause action to be taken as required by the notice and may recover the cost of so doing from such owner or occupier in any Court o f competent jurisdiction. (3) The Irrigation Inspector may, by notice in writing, prohibit the owner or occupier o f any land within such area from planting any tree or plant on the banks or sides of any irrigation or drainage works that are likely to damage such works or harbour pests. (4) If default is made in complying with the provisions o f a nolicc issued under subsection (2), the Irrigation Inspector or any authorized officer may enter upon such land and cause action to be taken to clear any tree, plant or weed from such banks or sides or to remove any such tree, plant or weed and may recover the cost of so doing from the said owner or occupier in any Court o f competent jurisdiction. Inspector the the Irrigation destruction of. or destroys, valuable trees or plants he shall, unless notice has been issued on a previous occasion under (5) Where requires 39 No. 5 National Irrigation Act 2013 C om m i ssion to order provision o f proper banks Procedure on failure to contribute lor the cost or labour for w ork to be done by jo in t labour subsection (2) in respect of the land on which such trees or plants are growing, pay the owner or occupier reasonable compensation for the same. - 42
The Commission or an Irrigation Inspector may require land owners or occupiers, by written notice, to provide banks, bunds, or drainage channels for water control.
42. The Commission or any Irrigation Inspector may, by notice in writing, require the owner or occupier of any land within such area to provide, either individually or jointly with other owners or occupiers, proper banks or bunds to specify levels and distribution or drainage channels for the supply, drainage, retention or exclusion of water: Provided that, no person shall be required under this section to provide banks, bunds, distribution or drainage channels which will not benefit the land whereof he is the owner or occupier. - 43 Verify source ↗
44. Distribution of water from irrigation works
If irrigators or landowners do not do their share of irrigation work or costs, the committee or authorized officer may order the defaulting owner to do the work or pay the cost.
43.-( 1) Where, by an agreement or for any other good reason, any irrigation work is to be done by the joint labour of irrigators in a particular irrigation schcme or at the cost of owners o f all the lands likely to be benefited by such work, and where any of such owners fails or neglccts to do his share of the work or contribute his share of the cost o f labour, it shall be the Management lawful Committee, or any other officcr authorized the Commission to investigate the matter and pass such order as he deems fit, and he may, by such order, also direct the defaulting owner to execute any portion of such work or pay any portion of the cost of the work. Inspector, or Irrigation the for by (2) An order directing that the defaulting owner shall execute the portion of the work shall also specify the portion of the work to be executed, the time within which it shall be done, or the estimate of the cost of such work prepared in such manner as may be prescribed. (3) Where the defaulting owner refuses or fails to execute such work within the time specified in the order under sub-section (1), the Management the Irrigation Inspector, Committee or such other officer authorized by the Commission 40 No. 5 National Irrigation Act 2013 D istrib u tio n o f w a te r fro m Irrig a tio n w o rk s under that sub-section may entrust the work to be executed by some other person, and the cost thereof may be recovered from the defaulting owner in such manner as may be prescribed. - 44 Verify source ↗
Distribution of water from irrigation works
The Commission must issue and circulate water-distribution guidelines for certain irrigation works, and private irrigation scheme owners must keep and submit water-use records. Breaching these rules is an offence.
44.-(l) The Commission shall, upon the advice of the Director General and by notice published in the Gazette and any newspaper of wide circulation, prescribe and circulate to the irrigators’ organization guidelines for the distribution of water for all irrigation works constructed or maintained wholly or partly at the cost of government. (2) Owners o f private irrigation schemes shall prepare records o f water abstractions and distributions and submit a copy o f such records to the Commission through respective Regional Irrigation Offices to enable the Commission to monitor compliance with crop water requirement and Water Use Permit. (3) Any person who contravenes subsections (1) and (2) commits an offence and upon conviction shall be liable to a fine of not less than one million shillings and not exceeding five million shillings or to imprisonment for a term o f not less than one year or both. P rohibited acts - 45
This section bans several acts affecting irrigation areas and works, and it requires landholders and upstream landowners to maintain and protect irrigation-related systems and structures.
45.-(l) A person shall not- (a) occupy or encroach an irrigation area for purposes other than irrigated agriculture; (b) let out any toxic industrial or domestic effluent scheme without proper irrigation to any treatment; reservoir, (d) operate a sluice gate, regulator or flood gate of canal, or any other water a irrigation work conveyance systems o f an owned, controlled or maintained by the Government or irrigators organizations unless such person is an Irrigation Inspector or a person duly empowered by him in his behalf; 41 No. 5 National Irrigation Act 2013 (c) (f) the /nior permission the Government or fish in any reservoir owned, maintained or controlled irrigators organizations by without in writing o f the Irrigation Inspector and except in accordance with such terms and conditions and subject to the payment o f such fees, as may be prescribed; use any explosive or any poisonous substance for the purpose o f fishing in a reservoir; or carrying operation (g) without the written permission o f the Commission conduct mining using explosives or any other activity which may cause destructive seismic forces within a distance of one kilometer from the irrigation schcme: let out water irrigation work owned, controlled or maintained by the Government and irrigators organizations by cutting any bund or constructing a sluice or outlet or by any other similar contrivance; from an (h) (i) connects a channel or pipe to the irrigation or drainage system; (j) places or causes to be placed a structure or install equipment in a channel or pipe connected to the irrigation or drainage system; (k) uses a method of distributing irrigation water to plants on his the Commission in respect of the land and the plants to be irrigated. that has not been approved by land (2) Every landholder shall- (a) ensure that irrigation water does not drain or otherwise escape onto or into adjoining land so as to cause a nuisance to the adjoining landowner; (b) maintain, and when necessary repair or replace the irrigation and drainage systems if so required; (c) not block or impede the llow of water in any part of the irrigation or drainage system except at the direction, or with the approval, of the Commission or any authorised officer acting on its behalf; No. 5 National Irrigation Act 2013 (d) when necessary, clear channels and pipes of the irrigation or drainage system provided to his land; or (c) ensure that channels and pipes on his land including those forming pail of the irrigation and drainage systems are protected from damage that is reasonably foreseeable. (3) Any person who contravenes the provisions of this section commits an offence and upon conviction shall be liable to a fine of not less than two million shillings and not exceeding five million shillings or to imprisonment for a term o f not less than one year or both. O bligation o f land o w ners in respect o f w orks affecting safety o f the irrigation works. 46-(l) Every owner of land whose tank, well, pond or other reservoir is situated above the level of any irrigation work, shall maintain the bunds and any other protection arrangements of such tank, well, pond or other reservoir in safe and efficient condition. (2) Where the Irrigation Inspector is of the opinion that the bunds or protection arrangements referred to in sub section ( 1) are not in a fit condition and are likely to endanger the irrigation work below, the owner concerned shall be served with a notice requiring him to maintain such bunds or protection arrangements in a reasonably fit condition in such manner and within such time as may be specified in the notice. the (3) Where the owner fails to comply with the notice under sub-section (2) or the repairs done by him are in the opinion of the Irrigation Inspector may carry out necessary repairs to keep such bunds and protection arrangements in a fit condition, and the cost thereof shall be realized from such owner in such manner as may be prescribed. Inspector unsatisfactory, Irrigation 43 No. 5 National Irrigation Act 2013 (4) Any person who is aggrieved by orders o f an inspector under sub-section (3) may. within fourteen days from the date of receipt of the order, appeal to the Minister. (5) The Minister shall determine the appeal within twenty one days from the dale of reccipt of such appeal. C o n tro l o f ' n a v ig a tio n a n d u n p la n n e d cana! c ro s s in g s - 47
The Commission may regulate navigation in an irrigation work. Irrigators or irrigation-scheme owners must ensure there are no unplanned canal crossings or watering points. A person who uses those unplanned crossings or points commits an offence and can be fined or imprisoned.
47.-(l) The Commission may, in consultation with the Ministry local government authorities, by Regulation prohibit or regulate navigation in an irrigation work. transportation and responsible the for (2) Every Irrigator or owner of irrigation scheme shall ensure that there is no unplanned canal crossings or watering points in an irrigation scheme. (3) Any person who crosses through unplanned canal crossings or takes water or livestock to unplanned watering points, commits an offence and upon conviction, shall be liable to a fine not less than one million or to imprisonment for a term o f not less than one year or to both such fine and imprisonment. Inter- basin w ater transfer for irrigation C ap 3 3 1 M onitoring and evaluation o f perform a nce o f irrigation schem es - 48 Verify source ↗
49. Monitoring and evaluation or performance of irrigation schemes
Irrigation water from a basin in an irrigation area must not be transferred to another basin unless there is an agreement with the Commission, Basin Water Boards, and local government authorities.
48. Subject to the provisions of the Water Resources Management Act, no irrigation water from a water source in the basin of an irrigation area shall be transferred to any other basin, except in accordancc with an agreement between the Commission, Basin Water Boards and local government authorities. respective - 49 Verify source ↗
Monitoring and evaluation or performance of irrigation schemes
The irrigation committee, with the Commission and local government authority, must monitor and evaluate each scheme at the end of every cropping season, and the results must be disclosed and posted publicly.
49.- (1) At the end o f each cropping season, the Irrigator’s Management Committee in collaboration with the Commission and local government authority shall conduct an evaluation including continuous monitoring o f respective irrigation scheme. No. 5 National Irrigation Act 2013 (2) Monitoring and evaluation referred to under sub section ( 1) shall involve both water utilization against water allocations and expenditure incurred for maintenance o f the irrigation system with reference to funds available to the irrigators’ organization. (3) The performance monitoring and evaluation shall cover- (a) equity in water distribution; (b) increase in production; (c) increase in productivity; (d) crop diversification; (e) multiple cropping; (0 water use efficiency; (g) water quality; (h) utilisation of resources for execution of works; (i) improvement in the cultivated areas of the irrigators organization compared to previous season; (j) utilisation of research facilities in adopting high yield varieties of seeds, pesticides; (k) quality of works undertaken; and (1) step-wise development o f irrigation system. (4) The results so obtained shall be made known to all the bcncficiaries of the irrigators organizations by displaying a list containing the benefits accrued with reference to funds spent on the noticc board of the irrigators’ organizations. (5) Wherever a work is taken up by an irrigators’ organization, the estimated cost of the work, item o f work proposed to be executed, details of the executed work arc to be exhibited on a board at the place o f work. (6) The Commission may render any assistance in the conduct o f the performance monitoring and evaluation and the results shall be sent to all concerned parties as stipulated by the Commission from time to time. 45 No. 5 National Irrigation Act 2013 (7) The performance monitoring and evaluation report shall be utilized on general performance improvements of the scheme. (8) A copy o f the audit report referred to in sub-section (7) shall be exhibited on the notice board of the irrigators' organization. ENVIRONMENTAL AND HEALTH PROTECTION PART VII C om pli ance w ith e nviro nm ental require m ent Act No. 20 o f 2004
Part
PART VII
- 50 Verify source ↗
5 1
The Commission and local stakeholders must manage irrigation to protect the environment, and polluting irrigation works is an offence.
50. development are resources development and management activities such as catchment management in order to protect the environment. (1) The Commission shall ensure that all irrigation integrated with other natural (2) Any person who pollutes or causes to be polluted any irrigation works commits an offence and upon conviction, shall be liable to a fine of not less than one million shillings or to im prisonm ent for a term o f not less than six m onths or to both. (3) Without prejudice Commission, the to the the generality of in collaboration with other foregoing, competent authorities in environment and health, shall- (a) carry out such other activities and take such other measures with regard to irrigation as may be necessary or expedient the better protection of the environment and human health; for (b) ensure compliance to protection requirement implementation irrigation schemes; during and operation the environmental planning, stages of tables, (c) ensure that unacceptable environmental impacts are avoided and that features such as high water are monitored; ensure that designs of irrigation schemes take into consideration safety measures for Hood control and other natural disasters; salinity erosion and (d) 46 No. 5 National Irrigation Act 2013 (c) prohibit the use o f such chemicals, pesticides and other substances as may be specified on any land under irrigation farming; (0 control the grazing o f livestock in irrigation and river banks of rivers drainage areas and supplying water to an irrigation scheme; (g) provide for the environmental standards to be in the schemes adhered by the Irrigators development; and (i) ensure that all written protection and good agricultural practiccs. laws governing irrigators comply with other the environmental (4) For purposes of environmental protection, local government authorities and other stakeholders shall- (a) ensure that all the directions the environment within and in the vicinity of the irrigation areas; and irrigators comply with to protect requiring them (b) ensure that all irrigators and other stakeholders do not undertake interventions detrimental to the environment in irrigation areas. C om m ission to coordinate and prom ote irrigation research - 51 Verify source ↗
(1) For the purposes o f improving the perfomancc
The Commission must work with other public and private entities to conduct and coordinate irrigation and drainage research and promote the findings for use by beneficiaries.
51.-(1) For the purposes o f improving the perfomancc of irrigated agriculture for crop production, productivity and profitability and ensuring the Commission in collaboration with other local and international public and private entities, shall conduct, coordinate research on irrigation and drainage and promote the findings for use by the beneficiaries in line with the National Irrigation Policy and Strategy. irrigation water efficiency, (2) The irrigation and drainage research shall aim at improving hydraulic performance of irrigation infrastructure for effective water management and enhanced crop production and productivity in irrigation schemes- (a) ensuring effective operation and maintenance of irrigation schemes; 47 No. 5 National Irrigation Act 2013 (b) increased adoption of appropriate technologies by farmers for sustainable irrigation development; (c) provide for capacity building of irrigation experts, servicc providers and farmers in irrigation sector; identification of irrigation and drainage challenges and their solutions; solicitation of irrigation and drainage research activities; adequate funds for conducting research (e) (d) (f) documentation, publication and dissemination of research findings; (g) establishment of mechanisms for linkage and coordination of all types o f irrigation research by various stakeholders nationally and internationally; (h) conduct and disseminate research findings and innovations to the in the country; irrigation technologies, irrigators (i) promote the use o f appropriate technologies and innovations in irrigation development; (j) promote awareness on appropriate and improved irrigation practices and conduct tailor made training programmes to the irrigators; (k) conduct tailor made in-service training to develop the newly recruited staff into professionals as quickly as possible and based on the research results to strengthen technical knowledge and skills o f the irrigation staff for enhanced, effective, efficient and sustainable development o f the irrigation sector; identify, compile and adopt available technologies, practices and innovations; facilitate solicitation o f funds to support on urban and peri-urban irrigated agriculture where water harvesting from roof tops, treated waste water and appropriate technologies can be used; irrigation (1) (m) (n) establish and strengthen collaboration and networking with national and international irrigation based learning including institutions; and institutions higher (o) perform any other duties which deems fit. 48 .No. 5 National Irrigation Act 2013 PART VIII FINANCIAL PROVISIONS E stablish m ent o f the Irrigation D evelop m ent Fund
Part
PART VIII
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This section establishes the Irrigation Development Fund and lists the money sources that can go into it.
52.-(l) There is hereby established a Fund which shall be known as the Irrigation Development Fund for ensuring development and sustainability of the irrigation sector. (2) consist of- The source of Irrigation Development Fund shall (a) monies accrued from disposition or transfer of the government owned irrigation schemes; (b) any monies accrued from the recoverable costs to be paid by irrigators for irrigation development under this Act; (c) funds accrued from disposal o f obsolete plants and equipments; (d) any other monies that may be payable to the Fund from moneys appropriated for that purpose by the Parliament; (e) monies obtained by way of charge or fees in respect o f programmes, publication, documents and other services provided by the Commission; (f) any monies that Fund may obtain, with approval of for the Minister and finance, by way o f donations, loans or other financial assistance from within or outside the Country; and the Minister responsible (g) any monies that may accrue to the Fund, whether in terms of this Act or otherwise as approved by the Commission. Use o f the Fund - 53 Verify source ↗
54. Management o f the Fund
The Fund’s resources must be used only for the listed irrigation-related purposes.
53. The resources o f the Fund shall be utilised for the purposes of- (a) meeting costs of planning, feasibility studies, designing, construction, operation and maintenance of irrigation schemes; (b) financing, by way of loan or grant, any irrigation and drainage research or study carried on by or for 49 No. 5 National Irrigation Act 2013 the benefit of persons or organizations engaged in irrigation and drainage; (c) the acquisition of land, equipment, materials and other assets and the construction of buildings in order to promote the objectives of the Fund; (d) financing by way of loan or grant, the training or capacity building courses of experts or farmers engaged in irrigation sector; (e) making an award or awards to persons who contributed to the development o f irrigation sector; (f) meeting any expenses of the Commission and those arising from the establishment and maintenance of the Fund; and (g) any purpose which the recommendation of the Commission, considers to be in the interest of the objectives of the Fund. the Minister, on M anage- ofihe Fund - 54 Verify source ↗
Management o f the Fund
The Commission must manage the Fund in designated bank account(s), follow Ministerial directions, and only make payments under the agreed annual expenditure framework. It may also keep special project accounts in some cases.
54.-( 1) Subject to any general or special directives of the shall be administered by the Fund Minister, Commission. (2) For the purposes of this section, the Commission shall maintain funds in a separately designated bank account or accounts, which shall operate in accordance with such directions as the Minister may, from time to time, give in that behalf, save that the Commission shall not make any payment out of the Fund except in accordance with the agreed annual expenditure framework. (3) Without prejudice to the preceding provisions of this section, the Commission may, where circumstances so require, maintain and administer as part of the Fund any special lor the purposes o f any project or account or accounts programme carried on jointly with a foreign institution, department or organisation for the advancement of irrigation development in the United Republic. A ccounts and A udit of Irrigation D evelop m ent Fund Cap. 418 Funds o f the C om m i ssion National Irrigation Act 2013 - 55
The Commission must keep proper books of account for money paid into and out of the Fund, and the Fund’s accounts must be audited annually and published with the Commission’s other audited accounts.
55.-(l) The Commission shall cause to be provided and kept proper books of accounts of the payments made into and out of the Fund. (2) The accounts of the Fund shall be audited annually by the Controller and Auditor General in accordance with the Public Audit Act, and the audited Accounts of the Fund shall be published simultaneously with other audited accounts of the Commission. - 56
The Commission’s funding comes from parliamentary appropriations, donations, gifts, grants, loans, irrigation service fees, and any other lawful source.
56. The sources of funds of the Commission shall be- the such moneys as may be appropriated by Parliament; or such sums as may be payable to the Commission by way of donations, gifts, grants and loans; or irrigation service fees; or any other sources lawfully accrued or obtained by the Commission. A nnual budget o f the C om m i ssion - 57 Verify source ↗
Accounts and Audit o f the Irrigation Development Fund
The Commission must prepare next year’s income and expenditure estimates and submit them to the Minister.
57. The Commission shall prepare its income and expenditure estimates for the succeeding financial year and submit them to the Minister for scrutiny and submission to the National Assembly for approval. A ccounting and audit - 58 Verify source ↗
Accounting and audit
The Commission must keep proper accounting records, be audited each financial year, send the audited accounts to the Minister, and comply with any ministerial directions if anomalies are found.
58.-(l) The Commission shall cause to be kept and maintained in accordance with the International Accounting Standards, proper books of accounts with respect to- (a) all sums of moneys received and expended; (b) all the assets and liabilities o f the Commission; and (c) all the income and expenditure statement of the Commission. (2) Within six months of the close of every financial Cap. 418 year, the Controller and Auditor General in accordance with the Public Audit Act shall audit the accounts including the balance sheet of the Commission. 51 No. 5 National Irrigation Act 2013 (3) Every income and expenditure accounts and audited balancc sheet shall be placed before a meeting of the Commission of and, if adopted, it shall be endorsed with a certificate to that effect. (4) As soon as the accounts of the Commission have been audited, and in any case not later than six months after the close o f the financial year, the Commission shall submit to the Minister a copy of the audited statement of accounts together with a copy o f the report on that statement made by the auditors. (5) The Minister may, where the report submitted to the this section has any anomalies, direct him under Commission furnish him with adequate explanatory information and the Commission shall give into effect such direction of the Minister. to correct or (6) The Minister shall, as soon as practicable after receiving the report, lay before the N ation al Assembly the audited accounts of the Commission the auditor's report, if any, on the accounts. together with Pow ers to borrow and invest - 59
The Commission may borrow money and invest unused funds, but both actions need approval from the Minister and the Minister responsible for Finance.
59.-(l) Subject to the prior approval of the Minister and the Minister responsible for Finance, the Commission may, borrow moneys for the purposes of its activities by way o f loan or overdraft, and upon such security and such terms and conditions relating to repayment of the principal and payment of interest, subject to any direction by the Minister, the Commission may consider fit. (2) The moneys held by the Commission pursuant to this Act, in so far they are not required to be expended or utilized by the Commission under this Act, may be invested in such manner as the Commission deems fit with the approval of the Minister and the Minister responsible for Finance. Financial year - 60 Verify source ↗
Powers to borrow and invest
The Commission’s financial year runs for 12 months from 1 July to 30 June of the following year.
60. The financial year of the Commission shall be the period o f twelve months beginning from 1st day of July and ending at the 30th day of June of the following year. 52 No. 5 National Irrigation Act 2013 PART IX OFFENCES AND PENALTIES
Part
PART IX
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This section makes many acts relating to irrigation works, water use, false information, fire, and obstruction offences, and sets fines, imprisonment, and forfeiture powers.
61.-(1) Any person who- O ffences and penalties (a) wilfully damages or fails to maintain irrigation systems or irrigation works; (b) interferes without any authority with any pail of an irrigation or drainage system or with any property in irrigators’ organisation used of an connection with, the irrigation or drainage of land; in. or (c) wilfully makes any statement knowing the same to be false or not having reason to believe the same to be true; (d) by overt act or writing, incites, intimidates or prevents construction o f any irrigation works; threatens, (e) engages in practices which arc destructive or potentially destructive to the catchment area of a river or public water course supplying water to an irrigation scheme: (0 grazes or permits livestock to graze in irrigation areas; (g) sets or causes to be set on fire crops on an irrigation scheme or on any irrigated farm, garden or plot, or (h) without reasonable cause refuses to assist in averting, fighting or extinguishing a fire on an irrigation irrigated farm, garden or plot; scheme or on any (i) applies or causes to be applied on an irrigation scheme, farm, garden or plot under irrigation any chcmicals or substances prohibited under this Act or any order made by the Minister; (j) provides any false or misleading information to the Director General or any authorised officer responsible for the enforcement of this Act; 53 No. 5 National Irrigation Act 2013 to required furnish under (k) refuses or neglects to furnish information which he may be the provisions o f this Act or subsidiary legislation under this Act; constructs or extends any irrigation works contrary to this Act or fails, without reasonable excuse, to comply with a requirement made under this Act or subsidiary legislation: (1) (m) wilfully obstructs, damages or destroys any irrigation works or destroys, defaces or moves any level mark, beacon or other structure or appliance; (n) obstructs, molests or hinders any public officer in the lawful exercise of his powers or duties under this Act legislation made thereunder; subsidiary or (o) interferes with, increases or diminishes supply of water from or to any irrigation work; (p) interferes with or alters the flow of water in any irrigation work so as to endanger, injure or render less useful , any such work; (q) being entitled to the use of water from an irrigation work, causes or occasions waste of water in such irrigation •' work or interferes with the authorized distribution of water therefrom or uses water in any unauthorized manner; (r) intentionally corrupts or fouls water of any irrigation work so as to render it less fit for the purpose for which it is ordinarily used; (s) destroys, defaces, removes or alters any level marked or water gauge or any other mark or sign fixed in an irrigation work, commits an offence and shall be liable upon conviction: (i) (ii) if it is an individual, to a fine of not less than one million shilling or to imprisonment for a term not less than one year but not exceeding three or to both such fine and imprisonment. if is a body corporate, to a fine of not less than ten 54 No. 5 National Irrigation Act 2013 million shillings and not more than fifty million shilling and to imprisonment for a term not less than three years but not exceed five years or to both such fine and imprisonment. (2) The Court may in addition to any penalty imposed under this Act. order any article in respect of which such offence has been committed or which has been used for the commission of such offence to be forfeited. (3) The Minister shall have the power to determine the procedures for disposal o f anything forfeited to the Government under sub-section (2). (4) Where an offence has been committed and because o f that commission a person has suffered a direct damage or loss of his property, the court may, in addition to the penalty to provided under compensate the person who has suffered loss or damage. the offender ( 1), order subsection the cost of removing (5) Where any person is convicted of an offence under the obstruction or this section, interference, or repairing the damage, alteration or injury to anybody or to the irrigation work or o f replacing or repairing the level mark or any other mark o f sign, if any, incurred by the any officer of the government empowered to enforce this Act shall be recoverable from such person in such manner as may be prescribed. O ffence by body corporate or firm - 62
Directors, secretaries, managers, and certain partners can be treated as having committed an offence in some cases unless they prove lack of consent and due diligence.
62.-( 1) Any act which if done by an individual would be an offence against this Act or any regulations or orders made under this Act shall, if done by a body corporate, be an offence by every Director, Secretary or Manager thereof unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all circumstances. (2) Where an offence against this Act or any regulations or orders made under this Act has been committed by a partner in a firm, every person who at the time o f the 55 No. 5 National Irrigation Act 2013 commission of the offence was partner in that firm, or was purporting to act in that capacity, shall be deemed to have committed that offence unless he proves that the offence was committed without his consent and or connivance and he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the the nature of his functions circumstances. in that capacity and to all Civil liability not affected - 53 Verify source ↗
54. Management o f the Fund
This section says the Act does not change a person's civil liability for damage caused by constructing, altering, destroying, or failing to properly maintain irrigation works, except where the Act has an express provision to the contrary.
53. Subject to any express provisions in this Act, nothing contained in this Act shall affect the civil liability of any person for any damage resulting from the construction, alteration or destruction of any irrigation works or the failure to maintain the same in proper repair or from the obstruction. PART X GENERAL PROVISIONS Duty o f secrecy
Part
PART X
- 64
People covered by this section must not disclose confidential information gained through their duties, unless doing the work of the Act or required by written law.
64. -(1) A member of any committee of the Commission and every person to be employed under this Act shall not disclose to any person, exccpt in the performance of his duties under this Act or when required to do so by any written law, any information which he may have acquired in the course of his duties in relation to the financial or business affairs o f any person, undertaking or business. (2) Any person who contravenes subsection (1) commits an offence and upon conviction shall be liable to a fine of not less than two million shillings or to an amount equivalent to the financial gain generated by the offence, if such amount be greater, or to imprisonment for a term of five years or to both such fine and imprisonment. Service o f notices - 65
A notice under this Act counts as served or given if it is delivered personally, left at a person's last known address, or sent by registered post to that address.
65. A notice under this Act shall be deemed to have been served on, or given to, any person- (a) (b) (c) if served on him personally; or if left for him at his last known address; or if sent by registered post addressed to his last known address. 56 No. 5 National Irrigation Act 2013 K eeping records - 66
The Minister may set record-keeping requirements and require records to be sent to the Commission. Failing to keep required records or altering them knowingly or fraudulently is an offence punishable by a fine, prison, or both. The section also creates a stakeholders’ forum for irrigation-sector shared functions and requires annual stakeholder meetings.
66.-(l) The Minister may, on the recommendation of the Commission, prescribe activities in respect o f which rccords shall be kept for purposes of this Act and may require any person in possession or control of such records to transmit the records to the Commission at such intervals as he may determine. (2) Any person who- (a) fails to keep records required under this Act: or (b) fraudulently or knowingly alters any such records, commits an offence and upon conviction shall be liable to a fine of not less than one million shillings or to imprisonment for two years or to both. Stakeholders lorum 67-( 1) For the purposes of promoting the development of the irrigation sector, there shall be a stakeholders’ forum which shall be responsible for- (a) putting in place mechanisms for the funding of the shared functions in the irrigation sector; (b) making procedures for conducting annual general meetings; (c) determine modalities for financing its activities and meetings; and (d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions. (2) The stakeholders meeting shall be held at least once in a year to agree on the funding, implementation of the shared functions and other matters o f common interest. A (3) local government authority may, upon consultation with the Commission, make by-laws for the better carrying out of the shared functions agreed by the stakeholders. C om m i ssion m ay call for inform ation - 68
The Commission may, by writing, require specified persons or bodies of persons to provide information, statistics, accounts, or related material.
68. The Commission may in writing, require any person or body o f persons engaged in an activity affecting or any relating information related to that activity as the Commission may specify. development to furnish to irrigation to it 57 No. 5 National Irrigation Act 2013 Pow ers o f the M inister to require inform ation C om m i ssion to establish and m aintain co llab o ra tion Indem nity and liability Cap. 16 and !(■> Recovers' o f cost o f repairing dam age w here the offen d er is unascerta- inable. statistics, accounts, - 69
The Commission must provide the Minister with information about how it performs its functions and duties under the Act, when the Minister requires it.
69. The Commission shall furnish to the Minister with or returns, such information with respect to the performance of any of its functions or exercising of its duties under this Act as the Minister may require. documentations - 70
The Commission must keep a system for collaborating, consulting, and cooperating with institutions and persons that can help it carry out its functions. Members and officers of the Commission are not personally liable for acts or omissions done in good faith when exercising, or purporting to exercise, powers under the Act or subsidiary legislation.
70. For the purposes of better performance of its functions the Commission shall establish and maintain a system o f collaboration, consultation and co-operation with such other institutions and persons, whether corporate or unincorporated, and whether within or outside the United Republic, as arc or would be likely to assist it in the effective and efficient discharge of its functions under this Act. 71. No member of a Commission or officer of the Commission shall be personally liable for any act or default which is done or omitted to be done in good faith in the cx crcisc or purported cxcrcise o f the p ow ers conferred by this Act or such subsidiary legislation made thereunder. - 72 Verify source ↗
Duty o f secrecy
If the person who caused damage to an irrigation work cannot be identified, the Irrigation Inspector may recover repair or removal costs from affected landowners after notice and a hearing.
72. Where a person causing any damage, alteration, enlargement or obstruction to any irrigation work without proper authority cannot, after such inquiry as the Irrigation Inspector may deem sufficient, be ascertained or identified, the Irrigation Inspector may on a requisition from the Director General and after giving not less than one month's notice to the owners of all the lands affected by the damage, alteration, enlargement or obstruction, as the case may be, and after hearing their representations, if any, recover from them, in such proportion as he thinks fit, the cost o f repairing such damage, or o f removing such alteration, enlargement or obstruction. M ode o f recovery o f m oney - 73 Verify source ↗
Mode o f recovery o f money
If an amount due under the Act or its regulations is in arrears, it may be recovered in the same way as an arrear of public revenue.
73. Any amount due from any person in pursuance of the provisions o f this Act or the regulations made thereunder may, if the amount is in arrears, be recovered, without prejudice to any other mode of recovery, in the same manner as an arrcar of public revenue. 58 No. 5 National Irrigation Act 2013 Pow ers 10 m ake R egulations - 74 Verify source ↗
Transitional provisions
The Minister may make regulations, but must consult the Commission first.
74.-(l) The Minister may, after consultation with the Commission, make Regulations for the better carrying into effect o f the provisions o f this Act. (2) Regulations may- Without limiting the generality of subsection (1), the (a) provide for maintenance o f the irrigation and drainage system; (b) provide for the manner in which irrigation water may be used in irrigation and drainage area; (c) provide for the times at which irrigation water may be used in irrigation and drainage area; (d) provide for maintenance or improvement of the irrigation and quality of irrigation water in drainage area; (f) (e) prescribe for maintenance procedure irrigation works and drainage area; prescribe the manner in which excess irrigation water shall be drained out o f the irrigation and drainage system; of (g) provide for the formation, functions, conduct and (h) procedures of irrigators’ organizations; regulate the abstraction and distribution of water amongst irrigators; (i) prescribe the manner in which notification or information may be given under this Act; (j) (k) provide for the assessment o f the quantity of irrigation water or other water used by a landowner in irrigation and drainage system; provide for the procedures for land allocation and administration by Irrigators’ Organizations; provide for dispute settlements; (1) (m) provide for any fees or charges under this Act and the payment thereof; (n) provide for the forms to be used and the fees to be paid and be used in respect of any matter required or permitted to be done under this Act; (o) provide for the advertisement o f applications for 59 No. 5 National Irrigation Act 2013 the use of irrigation works and for the giving of notice to interested persons; (p) regulate the procedure of appeals under this Act: (q) prescribe the registers and records to be kept and (r) (s) the manner in which they arc to be kept; provide for the installation, maintenance and testing of irrigation systems or for any other service provided to the irrigation and drainage system; provide for the installation, maintenance and the testing procedure installation, the for provisions iof this Act and the assessment thereof; for for application compensation under j (t) provide fdr procedures for registration and deregistration of the irrigators; (v) provide for^nodcl by-laws, establishment of the irrigator’ such of management Committees of organizations organizations; the administration and (v) prohibit or regulate navigation in an irrigation work; j (w) provide lor the regulation and administration of the fund; (x) prescribe forms to be used under this Act; and (y) provide for any matter expressly required or allowed by this Act to be prescribed. Transitional p rovisions - 75 Verify source ↗
SCHEDULE
Certain irrigator-related entities must apply for registration within 12 months after the Act starts; Zonal Irrigation Offices continue their functions after commencement until new Irrigation Offices are established.
75.- (1) Within twelve months o f the commencement of this Act, an association, cooperative socicty, or any other entity or body that performs any functions as an irrigators the Director General an organization shall application for registration under this Act. submit ;lo (2) Upon the commencement of this Act, Zonal Irrigation Offices shall continue to perform their functions Irrigation Offices arc established as until provided for in this Act. the Regional : 60 No. 5 National Irrigation Act 2013 SCHEDULE (Made muter Section 3(9) ) Vico C hairm an T enure o f office M eetings and po w er to convene m eetings M E E T IN G A N D PR O C E D U R E 01- I I IE C O M M IS S IO N
Part
SCHEDULE
- 1
Members of the commission must elect a Vice Chairman at their first meeting.
1. At its lirst m eeting m em bers o f the com m ission shall elect am ongst them selves a V ice C hairm an. ! - 2 Verify source ↗
Short title and commcnccmcnt
Members of the Commission serve for three years and may be re-appointed for one further term unless their membership ends for misconduct or unexplained absence from three consecutive Commission meetings.
2. M em bers o f the C om m ission shall hold office for three w a rs and. unless th eir m em bership is otherw ise term inated due to m isconduct or non attendance w ithout excuse three successive m eetings o f the C om m ission, shall be eligible for re-appointm ent for one further term. for - 3
The Commission must meet at least three times a year, and meetings have specific rules for who convenes them, notice, agenda circulation, and who presides.
3.-( I ) T he C om m ission shall m eet at least three tim es in a year. (2) An ordinary: m eeting o f the C o m m ission shall be convened by the C hairm an o r in his;absence the vice C hairm an and the notice specifying the place, date, and lim e of. and agenda for. ihe m eeting shall be sent to each m em ber at his usual place o f business or residence not less than fourteen days before the d ate o f the m eeting. (3) T he C hairm an, o r in his absence, the vice C hairm an or a m em ber elected to act as C hairm an, shall c onvene a special m eeting o f the three m em bers o f the C om m ission C om m ission and. w here sijch special m eeting is convened, the agenda for such m eeting shall be circulated to each m em ber at his usual place o f business o r residence at least not less than three days before the d ate o f the m eeting. in w riting signed by not less than ( I) A m eeting o f the C om m ission shall be presided o v er by the C hairm an o r in his absence, the vice C hairm an or by a m em ber elected by those m em bers present at that m eeting. Q uorum - 4
Five members are required to form a quorum for a meeting.
4. C om m ission. Five m em bers shall form a quorum o f a m eeting o f the C ooption o f m em ber C onflict o f interest - 5
The Commission may co-opt any person to attend its meeting, but that person cannot vote.
5. T he C om m ission shall have pow er to co-opt any person to attend its m eeting except that such co-opted person shall not have the right to vote. - 6
A member with a direct or indirect interest in a matter before the Commission or Sub Committee must disclose that interest and must not join the decision or related deliberations unless a majority of members present consents.
6. A m em ber w ho has any injcrcst. direct o r indirect in any m atter c om ing before the C om m ission o r Syj> C om m ittee shall, as soon as is reasonably practicable, disclose the nature o f that interest to the m eeting and shall not thereafter take part in any decision on that m atter nor. except with the consent o f a m ajority o f the m em bers present at that m eeting, take part in any d elibeations relating to that m atter. 61 No. 5 National Irrigation Act 2013 C om m ission to regulate its proceedings R eports o f activities o f C om m ission R em uneration o f m em bers o f the C om m ission. - 7
The Commission must regulate its own proceedings, subject to this Schedule.
7. Subject to the provisions o f this Schedule, the C om m ission shall regulate its ow n proceedings. - 8
The Commission must prepare an annual report about its current and future activities.
8. T he C om m ission shall prepare an annual report settin g out its current activities and indicating its future activities. - 9
The Minister responsible for Finance must prescribe the emoluments and allowances payable to members of the Commission from time to time.
9. T he M inister shall the M inister responsible for Finance prescribe em olum ents and allow ances payable to the m em bers o f the C om m ission from tim e to tim e. in consultation w ith Passed in the National Assembly on the 30lh August, 2013. D r. T h o m a s D. K a s h ilila h , Clerk o f the National Assembly 62
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