Ministry of Water and Irrigation State Department for Water Services Draft Roadmap for Implementation of the Water Act, No. 43 of 2016 Presented during Induction of Water Sector Institutions Board Members Gelian Hotel, Machakos 7 June 2017 Dr. Robert Kibugi

Overview and Context of Water Act, No. 43 of 2016 The Water Act, No. 43 of 2106 (Water Act) was assented on 14th September, 2016 by His Excellency the President. The Water Act No. 43 of 2016 commenced application on 21st April, 2017 Through Kenya Gazette (L.N 59 & 60) – by Cabinet Secretary Deferred Sections of Water Act , 2016:– Section 152 and 153. Section 155 as relates to Water Services Boards. Revocation of s.156 (3) as relates to Water Appeals Boards and Water Service Boards – in order to let existing bodies, carry on in operation until successive bodies are ready to commence their roles.

Summary of Roadmap Induction of (BoDs, MWI,WSI etc..) Details of specific provisions of the Water Act, 2016 For the specific WSIs, the BoDs and management to provide a roadmap paper to the CS.

Implementation Approach To implement the Water Act, MWI has prepared has prepared a draft roadmap: Detailing out the specific provisions of the new law; and The activities and outputs required for those provisions; and The timelines for implementation. 2) Where mandates concern specific agencies (existing, new or with modified mandates) under Water Act, the roadmap requires Boards and management to provide a paper to the Cabinet Secretary: Showing their interpretation of the mandate; and Setting out a roadmap for implementation of that mandate

Legal Provision (detailing activities, timelines and out expected outputs) Section Description of Action Timeline Output 10(1) Formulation of National Water Resource Strategy 12 months   20th April, 2018 Public participation National Water Resource Strategy 10(4) Preparation of annual report on the state of national water resource strategies in Kenya 20 April, 2018 Annual report Dissemination of report 25 Establishment of Basin Water Resources Committee July, 2018 Appointment of members 30 & 32 Transition of NWCPC to National Water Storage Authority – Require to Board to prepare a paper on their interpretation of new mandate, and roadmap for implementation Specifically – require the Board to address roadmap on how to realize new mandate relating to flood control, and strategic emergency interventions during drought July -2017 Board paper setting out understanding of mandate, and roadmap, including identification of priority actions Agreement on roadmap between Board and Cabinet Secretary CS has constituted a committee to fast track 11,12 70,72 Board Papers on Understanding of Mandate under Water Act, and a Roadmap for implementation by - Water Resources Authority Water Services Regulatory Board Water Sector Trust Fund June, 2017

Legal Provision cont’d (detailing activities, timelines and out expected outputs) Section Description of Action Timeline Output 64 Formulation of a Water Services Strategy setting out how the government will work towards realization of the human right to clean to water and reasonable standards of sanitation 20 April 2018 Public participation Water Services Strategy 67 Develop criteria for establishment of Water Works Development Agencies July, 2018 Stakeholder consultations Objective criteria for WWDA establishment Consultancy has been advertised 65 Establishment of WWDA; definition of geographical scope of jurisdiction Establishment of WWDA based on criteria Clear definition of jurisdiction through appropriate legal instrument 84 Regulations for the transfer of national public assets to the county water services providers in accordance with any law regulating the handing over and disposal of public assets.   Regulations Consultancy has been advertised ??? 97(4) Make rules (in consultations with WASREB) setting out circumstances under which the provision of joint water services may be ordered Consultations with WASREB Approved rules on joint provision of water services 111(3) Regulations to facilitate the access to information held by WASREB, by the public. 117 Regulations to prescribe a levy to be paid by consumers of piped water supplied by licensed water service providers, and payment of the proceeds into the Water Sector Trust Fund May , 2018 Public consultations

Legal Provision cont’d (detailing activities, timelines and out expected outputs) Section Description of Action Timeline Output Part VI, read with s.153 Request to Judicial Service Commission to update Ministry of Water and Irrigation on roadmap and plans to activate and set up Water Tribunal in order for Cabinet Secretary to issue Gazette Notice for commencement of relevant sections of Water Act 2016 (revocation of s.156(3) as it applies to Water Appeals Board) May , 2018 Request to the Judicial Service Commission Agreement with JSC on commencement of Part VI Gazette Notice by Cabinet Secretary revoking section 156(3) as applicable to Water Appeals Board 130 Ring fencing, in special Funds, by WRMA and WASREB of the revenue from permit charges, user fees, regulatory levy, and other authorized charges – and the use of these revenue in meeting costs incurred in the performance of function. This is to be done in according with the Public Finance Management Act. Cabinet Secretary to consult with Cabinet Secretary to the National Treasury on the manner of activating this ring fencing, including to what degree such revenue can be ring fenced to mandate-specific functions without payment of salaries and emoluments Consultation with CS to National Treasury Agreement on scope of ring fencing Regulations under Water Act to guide application of this section

Legal Provision cont’d (detailing activities, timelines and out expected outputs) Section Description of Action Timeline Output 131 Ring-fencing of revenues by Water Service Providers   Cabinet Secretary to require WASREB to provide guidelines and regulations governing ring fencing of revenues by WSPs to be used entirely for the purpose of covering costs for the provision of water services and asset development May, 2018 Agreement on scope and meaning between CS and WASREB Regulations issued by WASREB

Section of the Water Act 2016 Regulations required – Under Water Act , 2016 (detailing rules, function, section and user institution) Rule Functions Section of the Water Act 2016 User Institutions Water Services Rules National Public Works Development on Private/community land compensation 8(5) &6 MWI Water Services Regulations. 70 – 112 WASREB Regulations prescribing a levy for payment by consumers of piped water supplied by licensed water service providers for payment into the Water Trust Fund 117 (2) WSTF, WASREB Regulations governing the licensing of engineers and other persons offering professional services in respect of water resources or water services 142 Regulations governing the transfer of functions, assets, liabilities and staff MWI, WIS Various Rules mentioned in sections 72, 74, 75, 79, 81, 84, 86, 90, 92, 94, 95, 96, 99, 102,104, 108, 111 etc. As shown

Section of the Water Act 2016 Regulations – Under Water Act , 2016 cont’d (detailing rules, function, section and user institution) Rule Functions Section of the Water Act 2016 User Institutions Water Resources Rules Classification of water resource quality objectives 20 WRMA Regulations governing the operations of Basin Water Resources Committee 25(4) BWRC, WRMA Regulations governing establishment, administration and operations of WRUAs 29 WRMA, WRUAs, BWRC Delegation of WRMA Regulatory functions to BWRC 13 & 25 WRMA, BWRC Conservation of ground water 23(3) Regulations governing permits for water rights and works 36 - 62 WRMA, BWRC

Regulation – Under Water Act , 2016 cont’d (detailing rules, function, section and user institution) Section of the Water Act 2016 User Institutions National Water Harvesting and Storage Rules Regulations governing development, maintenance and management of national public water works 32 (1)(a, b & f) NWHSA Regulations governing undertaking of strategic water emergency interventions during drought; 32 (1)(e) Regulations governing rain water harvesting and household water storage 32 (1)(d) Regulations governing construction, extension or improvement of dams and licensing of persons carrying out business as dam contractors 142 MWI NWHSA Water Tribunal Rules Rules governing procedures of Water Tribunal 122 WT, JSC

Water Section Transition Plan & Transfer Plan Section 156(4) of the Water Act – Regulations made by the Cabinet Secretary under s.142(2) shall require that – the transfer of functions, assets, liabilities and staff shall be completed within a period of three years following the commencement of the Act. Development of a Transition Plan getting underway, as well as a costed Transfer Plan – a process that will be inclusive and participatory for all WSIs and stakeholders Roadmap is the first step towards the Transition process, as MWI and WSIs & Counties can commence implementation of priority activities – as the transition plan, and transfer plan are developed.

Water Policy development Implementation of the Water to be supported by the Roadmap, Transition & Transfer Plan, Regulations – and guided by Water Policy MWI has appointed a National Steering Committee (NSC) drawn from stakeholders, and Cabinet Secretary has launched the process. NSC membership is drawn from MWI, WSIs, private sector, civil society, CoG, academia. NSC has held working meetings, and a technical team is working on a first draft of the Water Policy to replace 1999 Water Policy Further engagement with WSIs planned as the draft Water Policy is refined

Thank you