The Water Dialogue II Report

The Water Dialogue

Monthly Multi-Stakeholders Platform for Knowledge Exchange and Collaboration for Integrated Water Resources Management in Kenya

Introduction and Context

The OECD has identified multi-level governance gaps in water policy related to water resource management and to

the delivery of water services (OECD, 2012). In Kenya, the National Water policy of 1999 and the Water Act of 2002

attempted to solve these problems by laying the groundwork for water sector reforms over the last decade. The main

objectives of these reforms were to improve water resources management, meet growing demand for water services,

attract more professionals into the sector, attract greater investment, and create a modernized sector that was more

robust and more capable of responding to the emerging challenges such as climate change and urbanization. The key

reform features included: separation of policy from other functions; separation of water resources management and

water services provision; separation of regulatory functions from investments and operations; separation of asset

holding from operations; increased user participation; enhance pro poor orientation; socially responsible

commercialization in the provision of water supply and sanitation services etc.

Devolution is expected to enhance the gains brought on by Water Act 2002 without disrupting service delivery.

Achievements so far:

Notable successes have been achieved over the last ten years in many of the above areas including improved sector

alignment and sector planning; improved accountability by separation of regulation from operations; devolution and

greater user-participation; increased investment; skills attracted to and retained in sector; Improved access to water

and sanitation services by poor households; alignment to human right to water and sanitation.

The WASREB regulates eight WSBs (Water Service Boards) and one hundred and three WSPs (Water Service

Providers). Their performance improvement is monitored r through Key Performance Indicators (KPI). From 2004-

2012 there is a positive trend for most KPIs among both urban and rural providers. Further the results t show that

bigger sized facilities have higher percentage viability compared to small and medium sized facilities. (Survey carried

out in 2011/2012 80% Very Large, 65% medium and 48% small).

Challenges

Governance in the water sector: There is fear exacerbated by devolution as there are multiple power

levels/sectors. Despite devolution it is the obligation of the state in Art. 43 (COK 2010) to give the citizens

their right to water and sanitation

Noncompliance in the water sector – no clear transparency on resources received and how they are used.

Robust Legal frame work needed and supported by a strong enforcement mechanism and an in-cooperated

monitoring system for sustained compliance

Realisation of universal access and balancing of various water demands which requires Institutional

strengthening and capacity building which allows for stakeholder participation

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Lessons learnt in the Last 10years

Need to have uniform norm and standards of water quality service delivery and cost recovery. Agreed

benchmarks can help ascertain good performance which are reported and audited regularly (e.g. IMPACT

WSS Report 2012).

Under devolution: The need to ring fence water revenue generated so they are re-invested for the water

sector to grow. Need to protect transboundary assets for the benefit of all as well as have inter-county

collaboration with the National government while dealing with shared resources and their sustainable

development especially within major economic hubs of Kenya (e.g. Kisumu, Mombasa, Nakuru, Kakamega

and Nairobi) who import water from other counties. On investment in the water sector, there has been a

positive trend in sector funding and hence the need to continue to enhance the gains made in order to keep

the confidence of donors and development partners..

Conclusion: Water services are already commercialised – the model should be continued and there should be smooth

devolution without disrupting service delivery. Counties can benchmark on well performing WSPs as we transition.

Clarification and certainty on some issues will be required on pertinent issues and we have to embrace adaptive

management.

QUESTIONS AND ANSWERS

Water Resource Management

Q: Water pollution in Lake Victoria and what is WASREB doing about it?

This regional water mass is managed by a regional body; Lake Victoria Basin Authority (LVBA) comprising

of the Eastern Africa Countries based in Kisumu.

Lake Turkana AQUIFER: how will the water be shared and what is the quality of the water?

Umani springs: Over abstraction upstream jeopardises downstream users

Water Quality and standards

Q: What are the agreed water quality standards and are they monitored?

Water quality standards are developed by the Kenya Bureau of Standards (KEBS) T There are attempts to

move from national standards to regional standards ( East African standards) .

Development of the East African Standards has been necessitated by the need for harmonizing requirements

governing quality of products and services in East Africa. It is envisaged that through harmonized

standardization, trade barriers which are encountered when goods and services are exchanged within the

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Community will be removed. East African Standards are formulated in accordance with the

procedures established by the East African Standards Committee. The East African Standards Committee is

established under the provisions of Article 4 of the EAC SQMT Act, 2006. The Committee is composed of

representatives of the National Standards Bodies in Partner States, together with the representatives from the

private sectors and consumer organizations. Draft East African Standards are circulated to stakeholders

through the National Standards Bodies in the Partner States. The comments received are discussed and

incorporated before finalization of standards, in accordance with the procedures of the Community.

How will we ensure Kenyans of their Rights to Water? : The right to water is best achieved in a sector

operating under uniform norms and standard on quality, service delivery, cost recovery and protection of

consumers. Counties have the constitutional right to provide water supply and sanitation services . This will

be achieved through the already established Water service providers..

What is the government doing to realise its achievement: The right to water and sanitation will be achieved

progressively. Hence the national government will need to be able to clearly demonstrate the following:

A policy and plan to progressively provide the right to water has been developed, with clear and realistic

goals and targets.

The funds necessary to implement the plan have been budgeted for :

The financial arrangements are in place to disburse the funds appropriately, and these arrangements are

stable and predictable.

The institutional arrangements to translate the plan into reality are in place

The institutions responsible for investment and operations are fulfilling their duties are not negligent

A regulatory system is in place to oversee and ensure the proper function of these institutions (there is

transparency in reporting, monitoring of outcomes, performance and consequences for non-performance).

Pro-poor: Regulation to see service provider plans for low income provision of water and the development of

propoor indicators.

Devolution of the water sector

Q: What is government (WASREB) doing about squabbles in the water sector between the county governments and

the water service boards and shared resource between the various counties?

Draft Water Policy and Bill (2013) will address devolution concerns. The water bill 2013 has gone through

cabinet stage and is now at the CIC stage before being taken to parliament

Water resource management: need to regulate the charges at catchment level

Conflicts between Water service Boards and County governments is about control of resources; the crisis is

not over water resources but their governance. Therefore, the different stakeholder must continue engaging

in order to reach a common understanding.

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There is a risk that counties have vested interest in water services which is a ready cash cow

with free money for use.

Corruption in the Water Supply sector:

Comment: Water shortages in major cities and the emergence of water vendors especially in low income areas

fleecing the poor as they purchase water at high prices for a basic commodity in Mombasa and Nairobi cities?

Noted that the historical planning of a city like Nairobi was not designed for rationing hence any attempts

are bound to fail and have negative impacts

Existence of gang’s/cartels who collude with water providers to unfairly sell water at exorbitant prices

Nairobi problems are as a result of delay in development next phase of water works and increased

population. This also applies to the sewerage system.

Developed indicators for water on pro-poor. WASREB is in the process of developing a Pro-poor indicator.

Technology

The Water Dialogue II Report