Watershed Kenya

In relation to the universal target of attaining sustainable and clean water for all by 2030, Watershed Kenya programme, takes this challenge by putting lobby and advocacy as one of the key pillars to achieve this result. According to the Kenya Demographic and household survey (KDHS 2014), access to improved water sources in Kenya is currently at 63%, while sanitation lags behind at  30%. In rural Kenya, around 53% of the population source water from unimproved sources, and over a third of the country population spend thirty minutes or more to reach their water source.  Above statistics poses a great challenge in achieving clean sanitation and water for all.

The Kenya vision 2030 aims to achieve full access to water and sanitation for all. Progress has been made on access to water, but there is still a major gap towards achieving full access by 2030 and there has been limited to no progress made towards achieving the sanitation targets. Weak allocation planning and implementation of WRM regulations as well as reclamation and conversion of wetlands for agricultural development, human settlement and industrial development are among the biggest threats to the sustainable management of Kenya’s water resources. The table below provides a selected number of indicators on the current status of WASH and WRM

The water sector in Kenya has undergone substantial governance reforms in the last two decades and will continue to do so for years to come. The Kenya Water Act (2002) introduced a clear separation of policymaking, regulation and service delivery functions. Following the new dispensation of the 2010 constitution, the water sector is currently undergoing devolution of water resources management and service delivery functions to the county level. The stakes for national agencies and county governments from the future legal framework are very high and have stalled enactment of the new Water Act. This has resulted in a lack of clarity on and contestation of roles and responsibilities of public agencies in an already highly fragmented water sector landscape.

The current performance of water and sanitation service delivery indicates poor governance and poor responsiveness across all levels of the water sector, which has been confirmed through available assessments, reports and key informant interviews. CSOs have largely focussed on filling the resulting service delivery gaps, especially in rural areas. In consequence, only a few CSOs have the required experience and capacities to advocate for systemic changes at county and national level for sustainable and effective management of water services, resources and the environment.

Based on a tentative analysis on the status of WASH services, the level of water stress and contestation, the enabling environment and the potential to leverage the outcomes of the programme based on the existence of potential partners the Watershed strategic partners selected Kajiado and Laikipia counties and the related catchment areas as geographical focus areas for the local activities of the programme.

In Kenya, the Watershed programme is being implemented in two counties. Kajiado and Laikipia Counties.

Watershed Chapter in Kenya is managed by four consortium members. Namely SIMAVI,  Akvo, KEWASNET and Wetlands International. In the two counties of Kajiado and Laikipia, there are also various implementing partners who are responsible for capacity building, awareness, lobby and advocacy.

Water governance can be improved by ensuring that sector institutions fulfil their roles and responsibilities effectively and efficiently or by adjusting the sector framework in a way that assigns responsibilities in a way that allows for improved WASH services and sustainable water management. To facilitate the development of Watershed’s ToC, the following sections, therefore, describe the roles and responsibilities of public institutions with stakes in WASH and WRM at the national and local level. Moreover, the non-state actors in the Kenyan water sector are analysed. On this basis, Annex 3 provides a simplified visual mapping of the relationships of these stakeholders.

National authorities and central government institutions 

• Ministry of Water and Irrigation (MWI) is responsible for policy development, sector-wide coordination, and overall monitoring and supervision. It is charged with ensuring effective water and sewerage services and promoting the sustainable development of resources for agricultural, commercial, industrial, energy and other uses. The Ministry further leads the overall sector investments planning and resource mobilisation. The Water Act 2002 stipulates that MWI also appoints the Board of Directors of the main water institutions including WASREB, WSTF, WRMA and the Water Service Boards. It remains to be seen which appointments will be subject to the mandate of MWI under a new water act. Sanitation policy is in the hands of the Ministry of Public Health and Sanitation (MoPHS). To harmonise the institutional framework for sanitation MWI and the MoPHS have developed a common Water Supply and Sanitation Concept with clearly defined sanitation targets.
• The Water Services Regulatory Board (WASREB) is the national institution within the water sector charged with the responsibility of regulating water services. The powers and functions of WASREB include among others prescribing national standards for the provision of water services, tariff setting, setting licence conditions, accrediting water service providers, enforcement of compliance, maintaining a national database and information system for water services, reporting to the public annually, establishing consumer groups and monitoring the progressive realisation of the rights to water services. Under the pending Water Bill WASREB will be transitioned into the Water Services Regulatory Authority (WSRA), with an extended mandate to ensure effective sector regulation.
• The Water Resources Management Authority (WRMA): as a state corporation in the water resources sub-sector of the Ministry has the following key functions:
• National Environmental Management Authority (NEMA) is established under the Environmental Management and Co-ordination Act No. 8 as the principal instrument of government for the implementation of all policies relating to the environment. While WRMA is responsible for permitting NEMA steps in, in case water bodies are polluted.
• The Water Services Trust Fund (WSTF): is a Kenyan State Corporation created as a part of the reform of the Kenyan water sector. It has been mandated by the Water Act 2002 to finance the poor and underserved communities in water and sanitation services as well as stressed catchment areas to improve the water resources management.
• Kenya Water Towers Agency (KWTA)  was established to co-ordinate and oversee the protection, rehabilitation, conservation, and sustainable management of the country’s water towers. The Agency also coordinates and oversees the recovery and restoration of forestlands, wetlands and biodiversity hotspots. It further has the responsibility of promoting the implementation of livelihood programs in the water towers in accordance with natural resource conservation laws.

Local Authorities and public institutions 

The demarcation of geographical responsibilities in the Kenyan water sector is different for WRM and WASH services. Water resources are managed according to six catchment areas with respective sub-regions or -basins. WASH services, on the other hand, are the responsibility of county governments. In consequence government institutions have been established both with reference to catchment and at county levels.

Public Institutions at Catchment Level

• Water Service Boards (WSBs) – Under Water Act 2002, the water services boards are responsible for the efficient and economical provision of water services authorised by the licence. Water services are provided by the agent(s) of the Board.
• Catchment Area Advisory Committees (CAAS):  Their role is to advise WRMA at the regional level, being the key means through which WRMA delivers is mandated concerning water resources conservation, use and apportionment; the grant, adjustment, cancellation or variation of any permit; and any other matters pertinent to the proper management of water resources.
• Water Resource User Associations (WRUAs): Wruas are the key stakeholder engagement mechanism in water resources management. They are established by users at sub-catchment level with a legally protected role to participate in developing and implementing sub-catchment management plans, to resolve water-related conflicts, as well as being consulted in licensing processes.