President William Ruto has signed the Water (Amendment) Bill into law, marking a significant step in enhancing water service delivery in Kenya.
Once fully operational, the new law will empower the National Water Harvesting and Storage Authority, along with Water Works Development Agencies, to engage in bulk water purchase agreements with investors under the Public-Private Partnerships (PPP) Act.
However, these agreements will not apply to national public water works transferred to county governments.
The key objective of these amendments is to foster Public-Private Partnerships (PPPs) in the water sector. Under the new law, the authority will be granted the power to evaluate and approve water and sewerage tariffs, including bulk water tariffs. It will also enforce the imposition of these tariffs, ensuring that they align with consumer protection standards for domestic, commercial, and irrigation uses.
The amendments further stipulate that bulk supply services intended to provide water to service providers in counties other than where the bulk water abstraction works are located will be managed by waterworks development agencies established and licensed under the Act. This aims to streamline water supply management across county lines.
Additionally, the new law gives the Cabinet Secretary responsible for water services the authority to create regulations for the licensing process of bulk water supply, providing clear guidelines for investors and stakeholders.
Regulatory Framework
The presidential assent to the Bill came after it was approved by the parliamentary committee on Blue Economy and Irrigation, with Leader of Majority Kimani Ichung’wah sponsoring the Bill. The amendments are expected to significantly improve access to bulk water services, promote economic efficiency, and strengthen consumer protection through the oversight of the Water Services Regulatory Board (WASREB).
The law also addresses the handover of completed waterworks projects to county governments or cross-county water service providers, ensuring proper management and continued service delivery. Another critical feature of the amendments is the operationalization of the Water Tribunal. The tribunal, whose members will be appointed by the Judicial Service Commission, will be responsible for resolving any disputes arising from the implementation of the Act’s provisions.
In addition, the new laws prioritize the timely completion of waterworks projects. Should private contractors fail to meet their obligations, contracting authorities will be required to step in and complete the projects, thus preventing the wastage of public funds and ensuring the swift delivery of essential water infrastructure.
The Water (Amendment) Act marks a transformative milestone in Kenya’s efforts to improve its water sector and boost the efficiency and sustainability of its water service delivery systems.
