1. Service Provision Governance in Peri-Urban and Informal Settlements in Kenya Overview of Past and Present Public Governance Frameworks
Presented At the Regional Workshop By
Eng. Peter O. Mangiti – Ministry of Water and Irrigation- Kenya
Nairobi, March 7 + 8, 2005

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AGENDA
Overview
Old Institutional and Legal Framework (Cap. 372)
Service Provision Under CAP. 372
New Water Act 2002
New Institutional Set-up a) Water Resources Management b) Water Supply and Sewerage c) Water Appeal Board
Role of MWRMD
Service Provision under the Water Act 2002

3. Old Water Legislation CAP 372
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Old Water Legislation CAP 372
New Water Act 2002
Core problems:
Inadequate and insufficiently harmonized legal and institutional frameworks
Inefficient operational and financial management systems
Solution:
Separation of policy formulation, regulation and service provision
Separation of WSS and WRM services
Devolution of responsibilities
Source: WSRS

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Overview
Old Institutional and Legal Framework (Cap. 372)
Service Provision Under CAP 372
New Water Act 2002
New Institutional Set-up a) Water Resources Management b) Water Supply and Sewerage c) Water Appeal Board
Role of MWRMD
Service Provision under the Water Act 2002

5. Old Legal and Institutional Framework, CAP 372 and others
Water Sector Reform in Kenya V2.0_Supported by GTZ
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Old Legal and Institutional Framework, CAP 372 and others
Many legal provisions (Acts of Parliament) dealing with Water, (27, including CAP372) often conflicting, hence difficulties in enforcement
Many different actors, whose activities conflict, and no mechanism for resolutions
Ministry of Water handles policy, regulation and service provision
No Distinction between Water Resources Management, Development and Service Provision
A Supply-driven environment, with serious consequences on sustainability and efficiency of usage of the resource.

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The overlapping roles and responsibilities of key public actors in the Water Sector were the main causes of conflicts and poor services in the sector
INSTITUTIONAL CONFLICTS IN THE WATER SECTOR (UNDER CAP 372)
MoWI
NWCPC
MoLG
SHG/NGOs
MoA
MoLF
Irrigation
Livestock water
Policy Formulation
Conflicts on lead in policy formulation
Regulation
Conflicts on checks and balances
Conflicts on allocation of resources
Conflicts on checks and balances
Conflicts on checks and balances
LAs*
Service Provision
Poor services
* Local Authorities
Source: WSRS

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The inadequate institutional set-up resulted in poor sector performance
BOTTLENECKS IN THE WATER SECTOR (UNDER CAP 372)
Poor coordination in Water Sector
Poor policy accountability*
Poor attention to water resources management
Policy Formulation
Lack of clear regulatory framework
Lack of performance monitoring and evaluation
Poor performance of water-undertakers
Regulation
Poor management of water resources (Quality and Quantity)
Failure to attract and retain skilled manpower
Inadequate allocation of resources
Poor service delivery
Low coverage
Inability to attract investments
Dilapidated infrastructure
Service Provision
* The absence of written policy in the past, prior to the Sessional Paper No. 1 of 1999, created room for sector actors to implement policies devoid of holistic approach to sectoral objectives
Source: WSRS

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AGENDA
Overview
Old Institutional and Legal Framework (Cap. 372)
Service Provision under CAP 372
New Water Act 2002
New Institutional Set-up a) Water Resources Management b) Water Supply and Sewerage c) Water Appeal Board d) Reform Drivers
Role of MWRMD
Service Provision under the Water Act 2002

9. Service Provision in Peri- Urban Areas under CAP 372
Water Sector Reform in Kenya V2.0_Supported by GTZ
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Service Provision in Peri- Urban Areas under CAP 372
Poor Policy Accountability and Lack of Clear Regulatory Framework
Poor attention to Water Resources Management and Environmental Sanitation
Land Tenure and Planning
No clear responsibility for service provision for unplanned areas
Emergence of cartels
Communities paying more for water
Scarcity of Water
Illegal Connections – “Spaghetti connections” – Unaccounted for water
Heavy pollution and degradation of Environment
Poor/non-existent extension of environmental sanitation services
Emergence of sanitation service providers with no legal recognition from existing city governance institutions
Land Ownership problems have hampered efforts to institutionalize service provision
This has also hampered planning of settlements, in turn resulting in lack of infrastructure for access to basic services

10. :16
Water Sector Reform in Kenya V2.0_Supported by GTZ
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AGENDA
Overview
Old Institutional and Legal Framework (Cap. 372)
Service Provision under CAP 372
New Water Act 2002
New Institutional Set-up a) Water Resources Management b) Water Supply and Sewerage c) Water Appeal Board d) Reform Drivers
Role of MWRMD

11. Water Sector Reform Secretariat
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The Water Act 2002 separates policy formulation, regulation and services provision; it defines clear roles for sector actors and a decentralized institutional framework
INSTITUTIONAL SET-UP UNDER WATER ACT 2002
Water Appeal Board WAB
Water Sector Reform Steering Committee WSRSC
Water Services Trust Fund WSTF
Water Sector Reform Secretariat
WSRS
MoWI
Policy Formulation
National level
Water Resources Management Authority WRMA
Water Services Regulatory Board WSRB
Regulation
Catchment Areas Advisory Committees CAACs
Water Services Boards WSBs
Regional level
Regional Office WRMA
Services Provision
Water Resources User Associations WRUAs
Water Services Providers WSPs
Local level
Water Resources Management
Water and Sewerage Service
Consump- tion, Use
Consumers, Users
Source: WSRS
Transitional institutions (reform drivers)

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Clear roles and responsibilities defined to sector actors will result in improved water sector performance
EXPECTED OUTCOMES UNDER WATER ACT 2002
Improved coordination in Water Sector under one Ministry
Clear policy accountability
Focused attention to water resources management
Policy Formulation
Clear regulatory framework
Performance monitoring and evaluation
Improved performance of water-undertakers
Regulation
Improved management of water resources (Quality and Quantity)
Ability to attract and retain skilled manpower
Efficient provision of services leading to self sustainability
Improved service delivery
Increased coverage
Ability to attract investments
Improved infrastructure
Service Provision
Source: WSRS

13. :16
Water Sector Reform in Kenya V2.0_Supported by GTZ
11/11/ :16 PM
AGENDA
Overview
Old Institutional and Legal Framework (Cap. 372)
Service Provision Under CAP 372
New Water Act 2002
New Institutional Set-up a) Water Resources Management b) Water Supply and Sewerage c) Water Appeal Board d) Reform Drivers
Role of MWRMD
Service Provision under the Water Act 2002

14. MoWI (policy and supervision)
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The Water Resources Management Authority (WRMA) is responsible for the sustainable management of the Nations water resources
KEY RESPONSIBILITIES AND INTERACTION: WRMA
MoWI (policy and supervision)
Citizens
Civil society
WSPA
WSRB
WSBs
NIB*
MENR
NEMA**
RDAs
NWCPC
KENGEN***
WRMA
- Classify, monitor, and allocate water resources
- Determine reserve water****
- Protect quality of water resources
- Monitor and enforce permit conditions
- Determine applications for water use permit
- Manage and conserve water catchments
- Determine charges for use of water resources
- Provide information on water resources
- Liaise with sector bodies and institutions
- Advise Minister on water resources
CAACs
WRUAs
* National Irrigation Board
** National Environmental Management Authority
*** Kenya Electricity Generation Company
**** Determine reserves for domestic use and environmental conservation
Source: WSRS

15. MoWI (policy and supervision)
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Catchment Area Advisory Committees (CAACs) shall advice the WRMA on conservation, use, and allocation of water resources in their catchment
KEY RESPONSIBILITIES AND INTERACTION: CAACs
MoWI (policy and supervision)
WRMA
Civil society
Water users
WSBs
WSPs
MENR
NEMA*
CAACs
Advise officers of the WRMA at the appropriate regional office concerning:
- Water resources conservation, use, and apportionment
- The grant, adjustment, cancellation or variation of any permit
- Any other matter pertinent to the proper management of water resources
WRUAs
* National Environmental Management Authority
Source: WSRS

16. and other Stakeholders
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Water Resources Users Associations (WUAs) shall provide a forum for conflict resolution and cooperative management of water resources in designated catchment areas
KEY RESPONSIBILITIES AND INTERACTION: WRUAs
MoWI (policy and supervision)
WRMA
CAACs
Civil society
and other Stakeholders
WSRB
WSB
WSPs
NEMA*
WRUAs
Enables public and communities to participate in managing water resources within each catchment area
Water users
* National Environmental Management Authority
Source: WSRS

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Water Sector Reform in Kenya V2.0_Supported by GTZ
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AGENDA
Overview
Old Institutional and Legal Framework (Cap. 372)
Service Provision Under CAP 372
New Water Act 2002
New Institutional Set-up a) Water Resources Management b) Water Supply and Sewerage c) Water Appeal Board d) Reform Drivers
Role of MWRMD
Service Provision under the Water Act 2002

18. and other Stakeholders
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The Water Services Regulatory Board (WSRB) is responsible for the regulation of water and sewerage services in partnership with the people of Kenya
KEY RESPONSIBILITIES AND INTERACTION: WSRB
MoWI (policy and supervision)
WRMA
MoH
NEMA*
NWCPC**
KBS***
Citizens,
Civil society,
and other Stakeholders
WSRB
- Gives advice to Minister
Licensing of WSBs
Consent to agreement between WSBs and WSPs
- Monitor WSBs and WSPs
- Develop tariff guidelines
- Develop model license agreements
- Develop model performance agreements
- Establish procedures for customer complaints
- Inform the public on sector performance
Public Consultation
WSBs
WSPs Consumers
* National Environmental Management Authority
** National Water Conservation and Pipeline Cooperation
*** Kenya Bureau of Standards
Source: WSRS

19. and other Stakeholders
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The Water Services Boards (WSBs) are responsible for the efficient and economical provision of water and sewerage services within their areas of jurisdiction
KEY RESPONSIBILITIES AND INTERACTION: WSBs
MoWI (policy and supervision)
WSRB
NEMA*
WRMA
LAs**
NWCPC
RDAs***
CAACs
WRUAs
Citizens,
Civil society,
and other Stakeholders
WSBs
- Develop facilities
Prepare business plans and performance targets
- Apply for license to provide water and sewerage service
Apply regulations on water services and tariffs
Contract Water Services Provider
- Purchase, lease or acquire water and sewerage infrastructure and land
WSPs
WSPs
WSPs
WSPs
* National Environmental Management Authority
** Local Authorities
*** Regional Development Authorities
Source: WSRS
Consumers

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Water Services Providers (WSPs) shall be contracted by WSBs to provide quality water and sewerage (sanitation) services
KEY FUNCTIONS AND INTERACTION: WSPs
WSRB
WSB
WRMA
CAACs
NEMA*
Civil society
WSPs
Bid for service provision
Operate and maintain facilities
Comply with quality standards and service levels
Billing and revenue collection
Consumers
* National Environmental Management Authority
Source: WSRS

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The Water Services Trust Fund (WSTF) shall assist in financing the provision of water services to areas of Kenya which are without adequate water services
KEY FUNCTIONS AND INTERACTION: WSTF
WSTF
Provide financing and support towards:
Capital investments for community water services
Water services activities outlined in the Water Services Strategic Plan and as prioritized by Government
Capacity building activities and initiatives among communities
Awareness creation and information dissemination regarding community management of water services
Active community participation in the implementation and management of water services
Donors*
Parliament**
MoWI
WSBs NWCPC
Funding
Consultation
* Grants and loans
** Appropriations and budget
*** Also the NWCPC when exercising residual power of Minister to provide water services
Source: WSRS
WSPs***: Communities, NGOs, CBOs
Water and Sewerage Service

22. :16
Water Sector Reform in Kenya V2.0_Supported by GTZ
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AGENDA
Overview
Old Institutional and Legal Framework (Cap. 372)
Service Provision Under CAP 372
New Water Act 2002
5. New Institutional Set-up a) Water Resources Management b) Water Supply and Sewerage c) Water Appeal Board
Role of MWRMD
Service Provision Under the Water Act 2002

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The Water Appeal Board (WAB) shall provide a mechanism for dispute resolution
High Court
Appeals on matters of law
KEY RESPONSIBILITIES AND INTERACTION: WAB
Water Appeal Board
Hear and determine:
Appeals on orders, decisions, permits, and licences
Disputes
MoWI
WRMA
WSRB
CAACs
WSBs
WRUAs
WSPs
Water Resources Management
Water and Sewerage Service
Consumers, Users
Source: WSRS

24. :16
Water Sector Reform in Kenya V2.0_Supported by GTZ
11/11/ :16 PM
AGENDA
Overview
Old Institutional and Legal Framework (Cap. 372)
Service Provision Under CAP 372
New Water Act 2002
New Institutional Set-up a) Water Resources Management b) Water Supply and Sewerage c) Water Appeal Board
Role of MWRMD
Service Provision Under the Water Act 2002

25. Other Government Ministries and Departments:
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The Ministry of Water and Irrigation (MoWI) shall devolve from regulation and direct service provision to focus on its core functions policy formulation, overall sector coordination, supervision, and guidance
KEY FUNCTIONS AND INTERACTION: MWRMD
Parliament
Stakeholders:
Public
Consumer groups
User groups
NGOs
CBOs
NRAs
RDAs
LAs
Communities
Development Partners
Other Government Ministries and Departments:
MoF
MoLG
MENR
MoH
MoA
MoLF
NEMA
KEWI
NWCPC
NIB
- Policy formulation and direction
- Sector coordination, planning and financing
- Supervise public institutions under MWRMD
- Parliamentary business
MoWI
Source: WSRS

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Water Sector Reform in Kenya V2.0_Supported by GTZ
11/11/ :16 PM
AGENDA
Overview
Old Institutional and Legal Framework (Cap. 372)
Service Provision Under CAP 372
New Water Act 2002
New Institutional Set-up a) Water Resources Management b) Water Supply and Sewerage c) Water Appeal Board
Role of MWRMD
Service Provision Under the Water Act 2002

27. Service Provision in Peri-Urban Areas under the Water Act 2002
Water Sector Reform in Kenya V2.0_Supported by GTZ
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Service Provision in Peri-Urban Areas under the Water Act 2002
Through interaction with and between WSTF, WSB, and WSP, communities in the peri-urban areas and informal settlements are being empowered to manage provision of water services:
Capacity building of communities to start water provision as a business, and carrying out competitive selection of service providers – drawing up of service provision agreements.
Clustering of the Spaghetti lines to known off-take and metered points to eliminate water losses through illegal connections
Elimination of cartels by setting tariffs – regulation
Ensuring equitable distribution of water through zoning of community service providers and enforcing service standards as stipulated in the service provision agreements
This intervention has just been carried out in Mukuru informal settlement in Nairobi, involving the Water Services Trust Fund, the Nairobi Water Services Board, Nairobi City Water and Sanitation Company and Mukuru Residents and is very successful. WB has started a similar initiative in Kibera ( Maji Bora Kibera)
Scaling up program planned for other informal settlements and peri- urban areas in Nairobi and other urban areas through the respective Service Boards
A Study that will result in a clear framework for operationalization of the Water Act 2002 in rural (and peri-urban ) Water Supplies and Sanitation is underway. It is funded buy SIDA/DANIDA Program.

28. Service Provision in Peri-Urban Areas under the Water Act 2002 Contd.
Water Sector Reform in Kenya V2.0_Supported by GTZ
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Service Provision in Peri-Urban Areas under the Water Act 2002 Contd.
Land tenure issues and resultant lack of physical planning still pose challenges to the provision of sanitation services particularly.
There is growing recognition of the role played by informal sanitation services providers, e.g. in Kibera Nairobi. Through initiatives by WB and local NGOs there is a new push for legal recognition and empowerment of these groups by the Nairobi Water Service Board and Nairobi Water and Sanitation Company.