Overview of Past and Present Public Governance Frameworks KENYA

INTRODUCTION Before 1974 A department in the Ministry of Agriculture Ministry of Water Development Ministry of Land Reclamation & Regional Development Ministry of Water Resources Ministry of Environment and Natural Resources Ministry of Water Resources Management and Development Ministry of Water and Irrigation

CRITICAL CHANGE AREAS Old Water Act CAP 372 had following bottlenecks:  Poor coordination in Water Sector  Lack of clear policy guidelines  Poor attention to WRM  Poor regulatory framework  Inadequate performance monitoring and evaluation  Poor performance of water-undertakers  Failure to attract and retain skilled manpower  Inadequate allocation of resources  Poor service delivery  Low coverage  Inability to attract investments  Dilapidated infrastructure  Inadequate stakeholder participation in WRM

CRITICAL CHANGE AREAS (CONTD) The current water sector reforms in Kenya was established under the gazettment of sessional paper No.1 of 1999 which reviewed the National policy on water resource management and development Key shifts in the policy were:  Separation of functions –water resource management, water service delivery, policy regulation financing  Decentralization –devolution of decision making to the regional and local levels  Commercialization-water to be treated as an economic good and social good  Stakeholder participation throug h community and private sector participation 4

OLD INSTITUTIONAL AND LEGAL FRAMEWORK Water Act Cap 372 Ministry in charge of water affairs was in charge of all water affairs both water service provision and management In some municipalities water service provision was undertaken by local authorities. Large water supplies were run by NWCPC Community run water supply in rural areas.

NEW WATER ACT Water Act 2002 Came into effect –replaced water Act Cap 372 Provides legal framework in line with the new policy changes New institutions with separate functions were established Decentralized decision now reflected in autonomous and regional bodies

NEW INSTITUTIONAL SET-UP

NEW INSTITUTIONAL SET UP Water institutions that were created under water Act 2002 include :  Ministry of Water and Irrigation (MWI)  Water Resources Management Authority (WRMA  Catchments Area Advisory Committees (CAACs)  Water Resource Users Associations (WRUAs)  Water Services Regulatory Board (WSRB)  Water Services Boards (WSBs)  Water Service Providers (WSPs  Water Services Trust Fund (WSTF)  The Water Appeals Board (WAB)  National Water Conservation and Pipeline Corporation (NWCPC)  Kenya Water Institute (KEWI)  National Irrigation Board (NIB)

9 Roles & Responsibilities of new Institutions BodyRole Ministry of Water and IrrigationTo formulate policy and provide oversight within the sub-sector Water Appeal BoardTo hear and determine disputes Water Services Trust FundTo finance water services Water Services Regulatory BoardTo regulate matters related to water services Water Service BoardsRegional body responsible for regulation and planning of water services Water Service ProvidersTo provide water services under license from the WSBs Water Resources Management Authority To plan, regulate and manage water resources. To contribute to policy formulation Catchment Area Advisory CommitteesRegional body set up to advise WRMA on the management of water resources Water Resource Users AssociationsLocal body set up by water users to enable communities and water users to participate in water resource management National Water Conservation and Pipeline Corporation Development and management of state assets for bulk water supply

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