1 Introduction to the Kenyan Water and Sanitation Sector By: P. Matseshe, HSC., Quality Assurance Manager (WSTF) 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

2 Background Before 1974, water was managed by the Department of Water Development (DWD) which was housed in various ministries including Public Works, Natural Resources and Agriculture In 1974 the Government upgraded the DWD in Ministry of Agriculture’s into a full Ministry of Water The Ministry developed a National Water Policy, which was adopted by Parliament as Sessional Paper No 1 of 1999 in April, The National Water Policy on Water Resources Management and Development provides the policy direction The Policy moved Ministry away from direct service provision to regulatory and coordination functions To implement the Policy, Water Act, Cap 372 was repealed and the Water Act 2002 was annected 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

3 The sector reform programme The Water Act 2002 was gazetted in 2003 and implementation began in 2004 During 2004 to 2005, new institutions were established and given legal mandates according to the Act These institutions include the: regulator WASREB Sector regulator WASREB Water Services Boards(WSBs) Eight (8) Water Services Boards (WSBs) Water Services Trust Fund (WSTF) Water Services Trust Fund (WSTF) Water Resources Management Authority (WRMA) Water Resources Management Authority (WRMA) Water Service Providers (WSPs) The transfer plan was approved in July, 2005 and the Ministry of Water and Irrigation has already handed over all water supply utilities to the new institutions 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

4 INSTITUTIONAL FRAMEWORK UNDER WATER ACT /9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

5 The Ministry of Environment, Water and Natural Resources The functions of the Ministry are policy making and coordination More specifically, its functions are to develop and formulate: Water Resources management Policy Water and Sanitation Services Policy Water Quality and Pollution Control Policy Flood Control and Land Reclamation Policy Waste Water Treatment and Disposal Policy National Irrigation Policy Policy on Water Schemes and Community Water Projects 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

6 The Water Resources Management Authority (WRMA) WRMA is charged with responsibility for: managing, regulating, protecting, apportioning and conserving water resources naturally, including trans-boundary waters 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

7 For WRMA to achieved its mandate, the country is divided into the following six regions: Lake Victoria North Catchment Lake Victoria South Catchment Rift Valley Catchment Athi Catchment Tana Catchment Ewaso Nyiro North Catchment Catchment Area Advisory Committees (CAACs) work is to help the WRMA in water and environmental conservation activities through the regional managers 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager) The Water Resources Management Authority (WRMA) (continued)

8 The Water Services Regulatory Board (WASREB) WASREB The regulatory role of the WASREB includes: Issuing licenses Setting service standards Providing guidelines for setting tariffs Providing mechanisms for handling complaints The responsibility for providing water and sewerage services is vested in the eight (8) Water Service Boards (WSBs) spread regionally across the country 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

9 The Water Services Boards (WSBs) These Boards have been established at the regional level and delineated on the basis of catchments, administrative boundaries and economic viability WSB are responsible for efficient and economical water and sewerage service provision in their areas of jurisdiction The WSBs have 6 roles: 1.A regulator As sole licensee of WSRB it shall ensure that service standards and guidelines set by WSRB are observed 2. Manager and Operator Maintained and adhered to by its agents the WSP WSB has responsibility over the overall organization, supervision and administration of the water services sub-sector within its area of jurisdiction 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

10 The Water Services Boards (WSBs) (continued) The WSBs have 6 roles The WSBs have 6 roles: 3. Developer WSB is responsible to ensure that existing facilities are properly maintained rehabilitated and expanded and new assets established 4. Assets Holder WSB is expressly required to be new owner (custodian) of Government WSS facilities/equipment, land and premises 5. Appoints WSP WSB appoints/contracts WSPs to operate and manage facilities and provide services in a given area 6. WSP of last resort WSB can only do so in certain circumstances and with authority of WASREB 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

11 The Water Service Providers (WSPs) WSP is defined as “a company, non-governmental organisation or other organisation providing water services under and in accordance with an agreement with a licensee (the Water Services Board) The key responsibilities of the WSP are: Bidding for service provision Operating and maintaining facilities Complying with quality standards and service levels and Billing and revenue collection 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

The Constitution of Kenya 2010 The constitution of Kenya 2010 establishes two forms of government: Central government Devolved County government The constitutions delineates services that will be provided at the two levels of government and provision of water and sanitation services is the role of the county governments Ministry of Environment, Water and Natural Resources Following the elections of 2013, the government merged the Ministry of Water and Irrigation together with those of Natural Resources and Environment to form the Ministry of Environment, Water and Natural Resources

The Draft Water Bill 2012 The Ministry prepared the draft Water Bill 2012 to be in line with Constitution of Kenya, 2010 Water Act 2012 An Act of Parliament to provide for water management and development for water and sewerage services and repeal of the Water Act 2002 The Bill is yet to be tabled to the cabinet and debated in parliament Assuming that the Bill will be passed in the current form, it provides for the right of every Kenyan to safe water and sanitation

The Water Sector Trust Fund The objectives of the proposed Water Sector Trust Fund (which is supposed to replace the Water Services Trust Fund) is to assist in the financing water resources management and development of water services for poor including: Community level initiative for the sustainable management of water resources Development of water services in rural areas considered commercially unviable for provision of water services by licensees and Development of water services in the under-served poor urban areas

15 The Cooperating Partners of the WSTF The cooperating partners of the WSTF include the following: Government of Kenya GiZ (German International Cooperation) Kfw (German Development Bank) Bill and Melinda Gates Foundation European Union Sida (Government of Sweden) Danida (Government of Denmark) UNICEF (United Nations Children's Fund) WSP (Water Sector Programme of the World Bank) AfDB (African Development Bank) K-Rep Bank 9/9/2015 Phanuel Matseshe, HSC (Quality Assurance Manager)

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