December

INSTITUTIONAL 2022
FRAMEWORK NOVEMBER 2022

KENYA
INSTITUTIONAL
FRAMEWORK FOR
WATER SUPPLY
Peace Musonge, Carol Matere, Kausha Dierker, Caroline Delaire

Rural Evidence and Learning for Water (REAL-Water) is an initiative from the United States
Agency for International Development (USAID). It supports policy makers, development partners,
and service providers to make strategic decisions and implement best practices for rural water
management through implementation research.

COUNTRY OVERVIEW
Over the past decade, the Republic of Kenya in East duplication of roles among the various institutions
Africa has made significant political and economic and enhance efficiency. Subsequently, Kenya passed
reforms that have contributed to sustained a new constitution in 2010, which included the
economic growth, social development, and political devolution of water service provision mandates
stability gains. Despite this progress, however, access from national agencies to county governments.
to piped water remains low, reaching only 33% of Responsibilities for the management and regulation
the population (60% in urban and 22% in rural areas) of water resources remained at the national level,
(WHO/UNICEF 2020). and the Ministry of Water, Sanitation, and Irrigation
(MoWSI) remained the sector lead with respect to
Additionally, as a water-scarce country, with one of legislation, policy, and strategy. The Water Tribunal
the lowest freshwater replenishment rates in the was mandated to hear and determine any dispute
world (647 m3 per capita, which is below the global concerning water resources or water services. The
benchmark of 1,000 m3 per capita) and approximately Water Services Regulatory Board (WASREB) was
80% of land mass classified as arid and semi-arid, entrusted with the regulation of Water Service
Kenya has uneven availability of water in different Providers (WSPs) whilst protecting the interest
parts of the country, as well as variable rainfall that and rights of customers in the provision of water
leads to frequent droughts and flooding (Marshall services.The National Water Harvesting and Storage
2011; Marigi 2019; KIPPRA 2021). Authority was mandated to develop water harvesting
and storage programs on behalf of the national
The enactment of the Water Act 2002 established government. The Water Sector Trust Fund was
water sector reforms whose purpose was to minimize mandated to provide conditional and unconditional

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 grants to counties, manage the Equalization Fund, and Since 2000, the Kenyan government and development
assist in financing the development and management of partners have significantly increased overall spending
water services in marginalized and underserved areas. on water (USAID, 2022). Kenya’s National Water
Master Plan 2030, which was launched in 2014,
At the county level, the Water Works Development estimated that $14 billion in investment in the water
Authority is responsible for the development, supply was needed over the next 15 years (Republic
maintenance, and management of national public of Kenya 2013b). To increase progress toward the
waterworks and for the provision of technical services 2030 Sustainable Development Goal for water, a
and capacity building to county governments and sharp increase in the mobilization of new resources
WSPs within the area of their jurisdiction. WSPs are will be required (KPWF 2022).
responsible for water service provision within their
licensed area.

KENYA COUNTRY OVERVIEW

53.71 million Population (World Bank, 2020)

2.3% Population growth rate (World Bank, 2020)
4.0% Urbanization rate (World Bank, 2020)
0.575 Human Development Index (UNDP, 2021)
Over the last 30 years, this indicator has increased from 0.474 to 0.575,
which puts the country in the medium human development category,
ranking it at 152 out of 191 countries and territories.
FIGURE 1: Kenyan flag.
2,006 USD Kenya’s GDP per capita (World Bank, 2021)
Agriculture: 23% | Industry: 17% | Services: 54%; | Manufacturing: 6%

29.4% of the population lives with less than $2.15/Day (2017 PPP) (World Bank, 2020)

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 KENYA’S LEGAL FRAMEWORK FOR WATER SUPPLY AND
WATER RESOURCES MANAGEMENT

1. KENYA LAW, CONSTITUTION 2010 2. WATER ACT 2016, NO. 43

• Part 2: Rights and Fundamental freedoms, • The Act was formulated to align the institutional
Article 43(1) (b) & (d) provide that access to framework for water and sanitation services to
reasonable standards of sanitation and safe the 2010 Kenyan Constitution, whose primary
water in adequate quantities is an economic and objective was devolution.
social right of every person (Constitution of • It repealed the earlier Water Act of 2002,
Kenya, 2010). which centralized all water management at the
• The fourth schedule of the constitution national level and contained no provisions on
recognizes the shared responsibility of the human rights to water and sanitation.
national and 47 county governments with • It maintained the key provisions of the 2002
respect to water. It distributes functions Water Act, such as delegating responsibility for
whereby the national government oversees service delivery to dedicated WSPs and ring-
water resources, including transboundary fencing revenue generated from water services.
waters, while the responsibility for water
• In line with the constitution, it redefined
services provision is devolved to county
roles and responsibilities for the management,
governments.
development, and regulation of water resources,
• Article 62 provides that all water catchment water services, and sewerage services.
areas, rivers, lakes, and other water bodies as
• It recognized that water-related functions are a
defined by an Act of parliament shall be held by
shared responsibility between the county and
national government in trust for the people of
national governments.
Kenya.
• It provides for the decentralization of powers
• Article 204 states that the establishment of
from the national level to regional and local
an equalization fund will reduce inequality in
levels, separated water resources management
service provision.
from water and sanitation service delivery, and
• Article 69 of the constitution requires the separated institutional functions such as policy,
government to ensure sustainable exploitation, regulation, asset holding, and operation.
utilization, management, and conservation of the
• Part II, section 18, provides for national
environment and natural resources, and ensure
monitoring and information systems on water
the equitable sharing of the accruing benefits.
resources.
• It provides for the establishment of systems for
• Sub-section 3 allows the Water Resources
carrying out environmental impact assessment,
Authority to demand from any person or
environmental audit, and monitoring of the
institution, specified information, documents,
environment.
samples, or materials on water resources.

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 • Under these rules, specific records may require 3. WASREB GUIDELINES, 2008
to be kept by a facility operator and the
• Water quality parameters are described in the
information thereof furnished to the authority.
WASREB guidelines. Limits for all parameters
• It gave priority for the use of abstracted water have been defined by the Kenya Bureau of
to domestic purposes over irrigation and other Standards (KEBS) and are legally binding (see
uses. Table 1). According to the KEBS and WASREB
• It reestablished the Water Resources Authority guidelines, Table 2 shows the minimum number
(WRA), the National Water Harvesting and of samples recommended for fecal indicator
Storage Authority (NWHSA), WASREB, the testing in distribution systems.
Water Sector Trust Fund (WSTF), and the
Water Tribunal (Water Act, Revised Ed. 2016). 4. THE ENVIRONMENTAL
• Section 73 of the Act allows a person with a
MANAGEMENT AND
license (licensee) to supply water. COORDINATION (AMENDMENT)
ACT OF 2015
• According to section 77, WSPs are required to
meet the commercial viability standards set by • This Act amends the Environmental
WASREB. Management and Coordination Act of 1999.

• According to section 94, county governments • In addition to providing legal regulations for
are required to take steps to provide water management and protection of biological
services in rural areas that are not deemed diversity, it ensures access to genetic
commercially viable for water service provision. resources, wetlands, forests, marine and
Steps to be taken should include developing freshwater resources.
point sources, small-scale piped systems, and • The Act has several regulations that aid in its
standpipes that comply with standards set by implementation such as:
WASREB and may be supervised by community
groups, NGOs, or private parties under county o Environmental Impact Assessment
contract. (EIA) and Environmental Audit (EA)
Regulations, 2003 and Environmental
• Water Service Regulations, Water Act 2016, Sec. Impact Assessment and Audit (Amended
72 was developed as a guideline by WASREB to Regulations, 2016); and
evaluate and recommend water tariffs to county
WSPs and approve the imposition of such tariffs o Water Quality Regulations (2006) -
in line with consumer protection standards. enacted as Legal Notice No. 120.

• A requirement of the Water Act 2016 is that

WASREB determines and monitors standards 5. THE CLIMATE CHANGE ACT, 2016
for water service provision to consumers. To • This Act of Parliament provides a regulatory
effectively monitor water quality, both internal framework for enhanced response to climate
and independent monitoring is required. change and measures to achieve low carbon
climate development.

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 • The Act provides for incorporating climate • It provides for the establishment of the Kenya
change adaptation and mitigation in all sectors, Forest Service whose role is to manage water
including water. This includes implementation of catchment areas in relation to soil and water
the National Climate Change Action Plan. conservation, carbon sequestration and other
• The Act establishes the Climate Change Fund, environmental services in collaboration with
which is a financing mechanism for priority relevant stakeholders.
climate change actions and interventions.
8. THE NATURAL RESOURCES
6. THE COMMUNITY LAND ACT, (CLASSES OF TRANSACTIONS,
2016 SUBJECT TO RATIFICATION) ACT,
2016
• The Act of Parliament gives effect to Article
63 (5) of the Constitution. It provides for the • This Act of Parliament gives effect to Article 71
recognition, protection, and registration of of the Constitution of Kenya 2010.
community land rights; the management and • The Article states that a transaction is subject
administration of community land; and the to ratification by Parliament if it involves
role of county governments in relation to the grant of a right or concession by or on
unregistered community land. behalf of any person, including the national
• Article 35 states that natural resources found in government, to another person for the
community land shall be used and managed exploitation of any natural resource of Kenya;
and is entered into on or after the effective
o Sustainably and productively; date.
o For the benefit of the whole community
including future generations; 9. THE ENVIRONMENT AND LAND
COURT ACT, 2011
o With transparency and accountability; and
• This Act of Parliament gives effect to Article
o Based on equitable sharing of accruing
162(2)(b) of the Constitution to establish a
benefits.
superior court to hear and determine disputes
relating to the environment and the use and
7. THE FOREST CONSERVATION occupation of, and title to, land, and to make
AND MANAGEMENT ACT, NO. 34 provision for its jurisdiction functions and
OF 2016 powers, and for connected purposes.
• The Act of Parliament to gives effect to
Article 69 of the Constitution regarding forest 10. THE AGRICULTURE ACT (CAP.
resources. It provides for the development and 318), 1955
sustainable management, including conservation • It is the principal land use statute covering
and rational utilization, of all forest resources (among other things) soil conservation,
for conservation of water, soil, and biodiversity. agricultural land use, and conservation issues,
such as the preservation of soil fertility.
• The Act prohibits any land-use practices that
may intensify soil erosion.

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 • It also provides for the protection of water • It stipulates that supervision of water service
sources and recommends setting aside a delivery by WSPs is a function of the County
riparian zone distance of a minimum of two Executive.
and a maximum of 30 meters. Riparian zones
are the areas where aquatic and terrestrial 12. THE PUBLIC HEALTH ACT (CAP.
ecosystems converge. They play many roles, 242), 1986
including protecting water quality and
providing wildlife habitats as well as aesthetic • The Act addresses matters of sanitation, hygiene,
and recreational benefits. and general environmental health and safety.
• Part IX Section 8 & 9 of the Act states that
11. COUNTY GOVERNMENT ACT, no person/institution shall cause nuisance or
2012 condition liable to be injurious or dangerous
to human health. Any noxious matter or
• The County Government Act of 2012, which
wastewater flowing or discharged into a water
has been adapted to the Constitution’s State
source is deemed as a nuisance.
and County structure in relation to devolution,
declares the County Integrated Plan to be • Part Xll Section 136 states that all collections
central to the County’s administration and of water, sewage, rubbish, refuse and other
prohibits any public spending outside of the fluids which permit or facilitate the breeding
plan. or multiplication of pests shall be deemed
nuisances.
• The Act requires that the County Integrated
Plan be broken down into the economic plan,
physical plan, social environmental plan, and
spatial plan.

FIGURE 2: Morpus Safe Water Project situated in West Pokot County, 25 km from Makutano town, was implemented
in 2015 to serve the community and three institutions (primary school, secondary school, and a dispensary) with a total
population of 2,010.

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 TABLE 1: Kenya Drinking Water Standards – primary parameters for routine water quality monitoring.
Source: KEBS, KS 12 2018 Kenya potable water specifications.

TREATED NATURAL
UNIT OF
PARAMETERS* POTABLE POTABLE
MEASUREMENT
WATER WATER
pH mg/L, max 6.5 to 8.5 5.5 to 9.5
True Color Units
Color 15 50
(TCU max)
Physical Turbidity NTU (NTU max) 5 25
Characteristics Conductivity (μS/cm) max 1,500 2,500
Not objectionable Not objectionable
Taste and odor -
and odorless and odorless
Suspended matter - Not detectable Not detectable
Total dissolved solids mg/L, max 1,000 1,500
Total Hardness, CaCO3 mg/L, max 300 600
Aluminum, as Al 3+
mg/L, max 0.2 0.2
Sodium, as Na+ mg/L, max 200 200
Chloride, as Cl- mg/L, max 250 250
Sulfate, as SO 4
mg/L, max 400 400
Total iron, as Fe mg/L, max 0.3 0.3

Chemical Ammonia, as NH3 mg/L, max 0.5 0.5

Characteristics Arsenic, as As mg/L, max 0.01 0.01
Residual free chlorine mg/L, max 0.2 to 0.5** Not applicable
Manganese, as Mn mg/L, max 0.1 0.1
Copper, as Cu mg/L, max 1.0 1.0
Fluoride, as F- mg/L, max 1.5 1.5
Nitrate, NO3- mg/L, max 45 45
Nitrite, NO2- mg/L, max 0.9 0.9
Phosphates, as PO4 3- mg/L, max 2.2 2.2

Microbiological E. coli CFU/100mL Not detectable Not detectable

Characteristics Total coliforms CFU/100mL Not detectable Not detectable
* Bold: minimum set of parameters required for ongoing monitoring of operational efficiency in a water treatment plant. However, a relevant authority
may require additional tests.
** A temporary increase in residual chlorine may be necessary in situations of epidemic diseases.

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 TABLE 2: Recommended minimum sample numbers for fecal indicator testing in distribution systems.
Source: KEBS, Kenya potable water specifications, 2018. These new KEBS specifications supersede the WASREB 2008 guidelines,
which are slightly different.

POPULATION SERVED (P) FREQUENCY (MINIMUM) OF SAMPLING

P > 100,000 10 samples every month per 100,000 people served

25,001 – 100,000 10 samples every month
10,001 – 25,000 3 samples every month
2,500 – 10,000 2 samples every month
P < 2,500 1 sample every month

KENYA’S WATER AND ENVIRONMENTAL POLICIES

1. BIG FOUR AGENDA, 2017
The Big Four agenda is Kenya’s blueprint for • Information exchange and innovation
development and outlines four key areas: food • Research into innovative water sector
security, affordable housing, manufacturing, and solutions
affordable healthcare. It drives the third medium
term plan (2018–2022) of Vision 2030, which is • Enhanced public-private partnerships in the
part of the country’s development path for the water sector
period from 2008 to 2030. Affordable Healthcare:

The key water-related objectives are: • Improved water access among rural and urban
healthcare centers
Food Security: • Reduced morbidity hence productive
population
• Improved water and service provision to the
urban poor and marginalized rural • Investment in improved sanitation programmes

• Investment in catchment conservation of • Water, sanitation, and hygiene in schools

water sources
2. THIRD MEDIUM-TERM PLAN
• Capacity development in the water sector
(2018–2022)
Affordable Housing:
• The Water Sector Trust Fund (WSTF)
• Improved water access in Urban Poor Area is expected to implement the following
housing developments earmarked flagship programs:
• Mapping of Low-Income Areas in Kenya o Water resources management
(MajiData) to support o Water research
o Rural water supply
Manufacturing: o Urban water supply
• Improved water access for small towns to o Provision of water to underserved
support small and medium enterprises (including informal) settlements

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 3. NATIONAL WATER SERVICES • The water supply development plan has the
STRATEGY, 2020–2025 following objectives:
• Provides a framework for the implementation o Increase coverage of improved water
supply to 100% for both urban and rural
of government policies with respect to water areas,
supply, sewerage, and basic sanitation in rural
and urban settings. o Increase coverage of piped water supply
by registered WSPs to 100% for urban
• Guides institutions, service providers, population,
development partners, and other stakeholders
o Increase unit water supply amount to
for the way sector goals shall be achieved.
suitable national standard level (60 L/
• Set Kenya’s targets to reach 100% access at an person/day), and
affordable cost for all by 2030.
o Decrease non-revenue water rate to
20% for efficient water use.
4.NATIONAL WATER MASTER
PLAN (NWMP) 2030 (ESTABLISHED • The water resources development plan has the
IN 2014) following objective:

• In line with the 2021 National Water Policy and o To meet all the water demands
Vision 2030, the NWMP provides a framework projected for the target year 2030
for managing water resources consistent with including domestic, industrial, irrigation,
Kenya’s socio-economic development activities. livestock, wildlife, inland fisheries, and
hydropower.
• Its overall objectives are:
• The environmental management plan has the
o To assess and evaluate the availability following objective:
and vulnerability of the country’s water
resources up to around 2050 taking into o To minimize the negative impact of the
consideration climate change, water resource development activities
on the natural environment.
o To formulate objectives for sustainable
water resources development and
management in Kenya’s six catchment 5. NATIONAL WATER POLICY, 2021
areas, • The overall goal of the policy is to guide the
o To formulate an action plan for WRA’s achievement of sustainable management,
regional offices up to the year 2022 development, and use of water resources in
to strengthen their water resources the country. The overall objective of the policy
management capability, and is to provide a framework that is dynamic,
innovative, and effective for re-engineering the
o To strengthen the capacity of water water sector.
resources development and management
• It was developed to address missing gaps in
through transfer of technology to
water resources management.
implementation projects.
• It is comprised of three sub-plans for water
supply development, water resources
development, and environment management.

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 • It builds on the successes, challenges, and • It sets out seven priority climate action areas
lessons learnt from the previous policies of with adaptation and mitigation actions. Water
1999, 2012, and the provisions of the Kenya and the blue economy fall under the third
Vision 2030 on water conservation and priority.
management.
• The Plan sets out to enhance resilience
• The water policy proposes to mitigate the of the blue economy and water sector by
challenges and threats facing the water sector ensuring access to, and efficient use of water
by ensuring that coordination and accelerated for domestic uses, agriculture, and wildlife.
partnerships are mainstreamed in the
management and provision of water resources. • The Plan spells out the following water-
It also sets the goal of enhancing protection of related actions:
watersheds and other catchment areas in the o Improve access to good water quality,
country.
o Increase water availability through the
• The specific objectives related to water development of water infrastructure,
provision are:
o Develop climate-proof water
o To accelerate the delivery of water harvesting and water storage
supply services through progressive infrastructure and improve flood
realization of the human right to water control,
towards universal access, o Increase affordable water harvesting–
o To promote the development of water based livelihood programs, and
harvesting and storage infrastructure, o Promote water efficiency (monitor,
o To strengthen sustainable water resource reduce, reuse, and recycle).
management in the country, and
o To mainstream climate change 7. NATIONAL ENVIRONMENT
considerations and disaster risk POLICY, 2013
reduction through the water sector.
• This Policy proposes a broad range of
measures and actions responding to key
6. NATIONAL CLIMATE CHANGE environmental issues and challenges.
ACTION PLAN 2018–2022
• It seeks to provide the framework for
• This is a five-year plan that helps Kenya reduce an integrated approach to planning and
greenhouse gas emissions and adapt to climate sustainable management of natural resources
change. in the country.
• It builds on the first action plan (2013–2017). • It recognizes the various vulnerable
It sets out actions to implement the Climate ecosystems and proposes policy measures
Change Act (2016), which was the first climate
to mainstream sound environmental
dedicated legislation in Africa and is the legal
management practices in all sectors. It
framework of the climate change action plan.
also recommends strong institutional
and governance measures to support
achievement of the desired objectives and
goals.

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 KENYA’S WATER ACCESS AND INFRASTRUCTURE
MANAGEMENT

Figure 3a: Primary household drinking water service levels in Kenya in 2020.
Source: WHO/UNICEF JMP database (2020)

Basic <= 30 mins

Figure 3b: Primary household drinking water service levels in Kenya in 2020.
Source: WHO/UNICEF JMP database (2020)

DRINKING WATER ACCESS

According to the WHO/UNICEF Joint Monitoring minutes or less). 33% have access to piped water
Programme (JMP) 2020 report, 62% of the Kenyan services, and 30% of the total population consumes
population have at least “basic” drinking water surface water or unimproved drinking water
services (round trip to an improved source of 30 (WHO/UNICEF 2020). 66% of Kenyans lack access

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 to “basic” sanitation facilities and an estimated four Most of the water supply and sewerage collection,
and a half million people practice open defecation. treatment, and disposal systems have been
deteriorating rapidly, failing to meet the water
The WHO/UNICEF JMP also reports large disparities quantity and quality demands and leading to an
between rural and urban settings. Access to at least average of 60% unaccounted-for water. Water
basic drinking water services in rural areas was at 52% losses also stem from theft of water, for example
in 2020, compared to 87% in urban areas. 58% of the from unauthorized or unmetered connections
urban population has access to on-premises water (Republic of Kenya: Ministry of Water and Irrigation
sources compared to 23% of the rural population. 2007).
It is estimated that 40% of rural Kenyan households
require more than 30 minutes for a round trip to In 2011, IFC estimated that Kenya had over
obtain drinking water. The condition is presumably 1,200 small and very small (unregulated) water
worse for the arid and semi-arid areas with fewer systems serving 3.7 million people (26% of the
water sources (KDHS 2015). total population using piped water) (International
Finance Corporation 2011). According to the
In 2020, 25% of schools in rural settings had no water Water Resources Management Authority (Water
service, while 72% relied on basic water sources for Resource Authority [WRA] 2019), Kenya has 5,541
drinking water. (No data were available for urban boreholes, although 60% of these boreholes no
schools.) School populations without access to water longer work for a variety of reasons, including lack
have increased from 4.6 million in 2015 to 4.8 million of capacity by communities to maintain them or pay
in 2019. 63% of health care facilities rely on basic for fuel to power water pumps. In addition, other
water sources. privately-owned boreholes, springs, and other
surface water schemes are also part of service
provision.
WATER INFRASTRUCTURE AND
MANAGEMENT Facilities developed in rural areas are normally
handed over to community groups after installation,
A total of 90 utilities operate with valid licenses (87
with the expectation of them meeting operation
public and three private). These utilities are further
and maintenance costs from water sales revenues.
categorized according to the size of the system (i.e.,
Water service connections in rural areas are
total number of connections): very large (17); large
almost never metered and are instead billed
(31); medium (16), and small (26). 27 Counties in
at a flat monthly rate. The revenues collected
Kenya have at least one regulated utility while one
by the managing committees therefore barely
county, Kiambu, has the most (10 regulated utilities;
cover operational costs, requiring Water Works
WASREB 2022).
Development Agencies’ (WWDAs’) periodic
assistance, especially during major maintenance
As reported in WASREB Impact report No. 14 for
activity (if the facility is government affiliated). Apart
2020–21, 54% of the national population lives within
from technical assistance, the WWDAs’ other
the service area of WASREB’s regulated utilities.
mandate is to build the capacity of the water supply
Unregulated or informal service providers serve the
management committees. This same approach is
remaining 46% as well as unserved populations within
taken for NGO-sponsored systems. The smaller
utilities’ service areas (estimated at 40% of service
scale of the economies seldom make it feasible to
area residents).
commercialize rural water services. Faced with this

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 challenge, MoWSI has adopted a “community-based the water users agree to a flat tariff that covers
and demand-driven but open for commercialization operation and maintenance costs, and the water
wherever possible” approach to rural water supplies committee ensures that tariff is observed.
in its national strategy. To date, there is little formal
monitoring and regulation of rural water supplies.
WATER QUALITY
With respect to water quality,WASREB has established
ROLES monitoring requirements that include water quality
parameters as well as testing frequencies based on
The purpose of the Kenya 2016 Water Act was to
populations served and volumes of piped water
align the water sector with the Constitution’s primary
supplied (Tables 1 and 2). Suppliers are required to
objective of devolution. The national government
submit a sampling plan to WASREB for each water
oversees ownership, use, and regulation of water
treatment facility. According to WASREB documents,
resources, consumer protection, and national public
all water supplies must comply with drinking water
works, whereas the county governments oversee
quality standards established by the Kenya Bureau of
water services provision, sanitation, catchment
Standards (WASREB, 2008).
management, and county public works. Point sources
in rural areas can be managed by project management With respect to water quality surveillance, the national
community committees, rural WSPs, or private Ministry of Health (MoH) oversees the county public
individuals.WASREB was established to set standards health government but has limited legal authority,
and regulate the sub-sector. The Water Tribunal due to the devolved transfer of responsibilities from
adjudicates disputes. Water Works Development national to county governments under the 2010
Agencies are responsible for the efficient and Constitution of Kenya. The MoH does not provide
economical provision of water services. The Water water quality parameters or sampling guidelines and
Sector Trust Fund finances pro-poor investments. instead refers to the WHO’s Drinking Water Quality
WSPs provide water and sewerage services using Guidelines (WHO, 2011).
acceptable business principles in their operations.
The Ministry of Water, Sanitation and Irrigation is
responsible for overall sector oversight including
policy formulation, coordination, and resource
KENYA’S EVOLVING
mobilization. FRAMEWORK FOR RURAL
WATER SERVICE PROVISION
TARIFFS In 2019, WASREB issued the Guideline for
Under section 72 of the Water Act 2016, WASREB Provision of Water and Sanitation Services in Rural
is required to evaluate and recommend water and and Underserved Areas in Kenya. This guideline
sewerage tariffs to the County Water Services recommends six possible institutional arrangements
Providers in urban and rural areas and approve to formalize rural water systems, as follows.
the imposition of such tariffs in line with consumer A. Where the community or small-scale WSP is
protection standards.Tariffs are reviewed periodically within the service area of an existing regulated
to ensure financial sustainability, foster access to safe WSP:
water as a human right, promote efficiency in the
delivery of water services, encourage conservation, 1. Existing regulated WSP takes over the
and ensure simplicity in the pricing structure of community/small scale water supply
system.
water. In community-managed (rural) water systems,

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 2. Existing regulated WSP delegates 6. The county government contracts
some responsibilities to the small-scale a private person or Public Based
service provider. Organization (PBO).
3. Existing regulated WSP contracts a WASREB requires the WSP to accurately and
private operator.
verifiably monitor and evaluate key performance
4. Small scale service provider becomes a data, in accordance with its requirements. Quality
regulated WSP. of supplied water, frequency of supply, non-revenue
water, cost recovery for water supply services,
B. When the system is not part of the service
water coverage, and metering level are the five key
provision area of a WSP:
performance indicators.
5. The county forms a rural, regulated
WSP and supports it financially. Where applicable, the county governments and
WSPs are tasked with monitoring and reporting
on the performance of private WSPs within their
service areas (WASREB 2019).

TABLE 3: Overview of institutional responsibilities for water supply and water quality monitoring in Kenya.
WATER SUPPLY
Infrastructure ownership Primary: County
Also: Private entities, community groups

Infrastructure development Primary: Water Works Development Agencies (WWDAs), county government
Also: Non-governmental organization (NGOs), community groups, private
entities
Water supply/distribution Primary: Water Service Providers (WSPs), county government, community
groups
WATER QUALITY MONITORING
SURVEILLANCE
Drinking/potable water
Water Services Regulatory Board (WASREB), Ministry of Health (MoH)
(national-level lab for urban areas; county public health labs for rural areas)

Water resources Water Resource Authority (WRA), National Environment Management

Authority (NEMA), Water Resource Users Associations (WRURAs) in rural
areas

OPERATIONAL
Drinking/potable water WSPs, county government, NGOs, community groups, private entities

Water resources Water Resources Authority (WRA), Water Resource Users Associations
(WRUAs) in rural areas

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 TABLE 4: Detailed Kenya water service provision framework.
INSTITUTIONS ROLES AND RESPONSIBILITIES IN WATER SERVICE PROVISION

Ministry of Water, MoWSI is the lead for water policy. It guides and directs the provision of water services,
Sanitation and strategy formulation, sector coordination and guidance, and monitoring and evaluation.
Irrigation (MoWSI) It is also responsible for overall sector investment planning and resource mobilization.

WSTF, formerly the Water Services Trust Fund, is mandated to provide conditional and
unconditional grants to counties to assist in the development and management of water
Water Sector Trust services in marginalized and underserved areas.The source of funds for the WSTF include
the national budget, the Equalization Fund, county governments, development partners,
Fund (WSTF) international donors, grants and bequests from other sources, and proceeds from the
levy paid by consumers of piped water supplied by licensed WSPs. The Equalization Fund
collects 0.5% of all revenue collected by the national government each year.

The Water Tribunal, formerly the Water Appeal Board (WAB), is mandated to hear and
determine appeals at any instance of any person or institution directly affected by the
decision or order of the Cabinet Secretary for Water, WASREB, and the WRA, or of any
Water Tribunal person acting under the authority of the Cabinet Secretary, the WRA, and WASREB. The
tribunal also has powers to hear and determine any dispute concerning water resources
or water services where there is a business contract, unless parties have otherwise
agreed to an alternative dispute resolution mechanism.

NWHSA, formerly the National Water Conservation and Pipeline Cooperation

National Water (NWCPC) is mandated on behalf of the national government to develop public water
Harvesting and works for water resources storage and flood control. By constructing large- and medium-
Storage Authority sized dams and implementing underground water recharge systems based on harvesting
(NWHSA) at least 15% of surface runoff, the NWHSA aims to facilitate sustainable water harvesting,
storage, and flood control.

WRA, formerly the Water Resources Management Authority, serves as an agent of the
national government and is mandated to protect, conserve, control, and regulate the use
of water resources and flood mitigation through the establishment of a National Water
Resource Strategy. Their key role within water supply is to protect source water quality,
so that it remains consistent with use in drinking water supplies, and ensuring that return
flows do not cause deterioration in natural water quality.
Water Resource
WRA also resolves conflicts concerning the use of water resources at the community
Authority (WRA) level. In addition, WRA is responsible for the formulation and enforcement of standards
for water resources use and management. It has the power to prosecute WSPs and
sewerage agencies for failure to meet wastewater quality standards. It is also responsible
for procedures and regulations for the management and use of water resources,
policy development, planning and issuing water abstraction permits, monitoring water
abstractions to ensure compliance with agreed limits, and setting and collecting permits
and water use fees.

Water Services WASREB holds the mandate to set and monitor national standards for water services
delivery and asset development. It evaluates, recommends, and approves tariffs; issues
Regulatory Board
licenses; and enforces license conditions to WSPs while protecting the interest and rights
(WASREB) of consumers.

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 BWRCs, formerly Catchment Areas Advisory Committees (CAACs), are committees of
WRA whose members are drawn from stakeholders within the basin and aim to achieve
wide stakeholder participation in the management of water resources at the basin level.
Basin Water The BWRCs retain the same regional functions as the former CAAC, which are to: manage
Resources catchments; facilitate the establishment of Water Resource User Associations; play an
Committee (BWRC) advisory role to the WRA and county governments; collect and analyze data; and manage
information systems on water resources. The county government has representatives in
the BWRC whose water resources rest within the county government’s geographical
jurisdiction; however, they are dormant.
The WWDAs, formerly Water Service Boards (WSBs) are responsible for the
Water Works development, maintenance, and management of national public water works within their
area of jurisdiction. The 2016 Water Act provides for WWDAs handing over national
Development public works they have commissioned to the county government, joint committee,
Agencies (WWDAs) or authority of the county government if the waterworks’ assets exclusively rest
geographically within their jurisdiction.
WSPs are under the responsibility of county governments who have the mandate
to provide water services and hold water assets on behalf of the public. WSPs are
Water Service
responsible for the provision of water services within the area specified in their licenses.
Providers (WSPs) Under the new Water Act 2016,WSPs must apply for licenses to WASREB and comply
with the standards of commercial viability set out by WASREB.

Water Resources WRUAs are community-based associations for collective management of water
resources at the sub-catchment level and resolution of conflicts concerning the use of
User Associations water resources. The BWRC may contract WRUAs as agents to perform certain duties
(WRUAs) in water resources management.
County governments are responsible for the provision of water and sanitation services
in rural and non-commercially viable areas, through contracted community associations,
County Governments NGOs, licensed WSPs, or private individuals. Additionally, they have the authority to
establish WSPs in compliance with standards of commercial viability set by WASREB.
County Executive The CECM responsible for water is appointed by the county governor and is equivalent
Committee Member to the county-level minister of water. This position is responsible for all matters relating
(CECM) for Water to water at the county level.
Sub-County Water These officers coordinate the management of water supply matters at the sub-county
Officers level and oversee the implementation of water policies at the sub-county level.
The functions of the MOH include health and sanitation policies aimed at increasing
Ministry of Health sanitation coverage, as well as the number of households utilizing safe water, by promoting
(MOH) use of treated water at the household level. At the county level, they monitor water
quality through the county public health offices.
Sub-county public health officers oversee general water safety, sanitation and hygiene
promotion, school and urban sanitation programs, sewerage, and related hygiene
Sub-County Public
promotion. They collect samples from community water points (e.g., boreholes) to
Health Officers analyze in public health labs, and then disseminate results and sensitize the community
accordingly.
Kenya Water Institute KEWI, as established by the KEWI Act of 2001, is mandated to offer capacity development
(KEWI) and research and consultancy services in the water sector for sustainable development.

16 Kenya Institutional Framework for Water Supply Globalwaters.org/real-water

 TABLE 5: Kenyan water monitoring framework.

INSTITUTIONS ROLES AND RESPONSIBILITIES FOR WATER QUALITY MONITORING

MoH oversees the county government public health operations and performs independent
Ministry of Health water quality analysis (surveillance monitoring) for urban water systems on a routine
(MoH) basis using the national public health labs (and sometimes sub-contract to KEBS in case of
high workload and for specific tests).

Water Resources WRA ensures that water resources are conserved and protected and that environmental
and water quality standards and values are not compromised. It also has the authority to
Authority (WRA) delegate regulatory functions to the basin water resource committees.

Water Services WASREB ensures that a specified acceptable minimum standard of practice is followed
Regulatory Board by every WSP and monitors monthly water quality reporting by utilities. It also performs
(WASREB) independent water quality analyses.

National Environment NEMA regulates discharge of all effluents into the environment for the protection of lakes,
Management rivers, streams, springs, wells, and other water sources. They also perform independent
Authority (NEMA) water quality analysis (surveillance monitoring) of environmental waters.

Kenya Bureau of KEBS develops standards and performs conformity assessment, testing, and metrology.
They undertake independent water quality monitoring (surveillance monitoring) of
Standards (KEBS) bottled water.

These offices erform water quality analysis and enter monthly health data into the MoH’s
County Public Health County Health Information System.They organize WASH stakeholder meetings to discuss
water quality results and concerns with all county stakeholders, including communities
Offices reliant on point sources.They also respond to any outbreaks by testing water samples and
putting containment measures in place.

Water Quality and The guidelines recommend monitoring water quality throughout the drinking water
Pollution Control supply system (i.e., at the source, the intake, in the treatment process, at the storage
Division (WQPC) facility, in the distribution network, and at their points of use).

They are accredited and provide water sample analysis to WSPs and other customers on
Regional Laboratories a commercial basis. These include NGOs, private companies and county public health
offices.

County department The county Department of Water offices oversee data collection for water resources
of Water office management in collaboration with health and environment sectors.

Water Service WSPs undertake their own monitoring of water quality as part of their quality assurance
Providers (WSPs) program and process control (operational monitoring).

Four WAGs of volunteers were created in 2009 to operate as an extended arm of

Water Action Groups WASREB; they address issues (e.g., water quality, quantity, and availability) that affect
consumers of water services. Their three key roles include: disseminating information
(WAGs) to consumers, engaging with WSPs, and providing feedback to water services sector
institutions regarding the state of services.

Water Resource
In charge of sub-catchment areas and with support from WRA, WRUAs conduct periodic
Users Associations
sampling of natural water sources to assess the water quality status.
(WRUAs)

Dischargers work with WRA and NEMA to ensure their effluent meets set standards and
Effluent Dischargers
implement the Effluent Discharge Control Plan (EDCP).

17 Kenya Institutional Framework for Water Supply Globalwaters.org/real-water

 FIGURE 4: Institutional framework for water supply and monitoring.
For acronym definitions, see Tables 4 and 5.

The contents of this report are the sole responsibility of The Aquaya Institute, Water Mission, and REAL-Water
consortium members and do not necessarily reflect the views of USAID or the United States Government.

PREFERRED CITATION
REAL-Water. (2022). Kenya Institutional Framework for Water Supply. United States Agency for
International Development (USAID) Rural Evidence and Learning for Water.

CONTACTS
Ranjiv Khush, REAL-Water Project Director, [email protected]
Jeff Albert, REAL-Water Deputy Project Director, [email protected]

Report Design: Vanessa Guenther

18 Kenya Institutional Framework for Water Supply Globalwaters.org/real-water

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