1. 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

4. 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.

5. 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.

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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
WRMA, BWRC

13. 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

16. 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.

17. 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

18. Thank you