Senate Committee on Land Consider Water Amendment Bill, 2023, National Assembly Bills No 33 of 2023
Senate Committee on Land, Environment and Natural Resources chaired by Nyandarua Senator John Methu, today met with Kenya Association of Manufacturers, The National Treasury, Water Services providers Association and Water Services Regulatory Board to consider Water (Amendment) Bill, 2023 (National Assembly Bill No. 33 of 2023).
The objective of this Bill is to amend the Water Act, Act No. 43 of 2016 to enhance clarity on the roles and functions of key entities in water resource management, expand the operational scope of water-related agencies, and establish a stronger foundation for Public- Private Partnerships in the water sector. The Bill originated from the National Assembly and was passed by the National Assembly with amendments on August 23rd, 2023.
Clause 5 of the Bill introduces a new section, 68A, to the Act. According to this proposed addition, every water works development agency must obtain a license from the Regulatory Board based on the functions outlined in Clause 4 of the Bill. Furthermore, the proposed new section tasks the Regulatory Board, with the approval of the Cabinet Secretary, to publish in the Gazette and on its website the standards and conditions for the licensing of these agencies.
Clause 6 of the Bill seeks to amend Section 69 of the Act. Specifically, the amendment narrows the scope by excluding national public water works from the types of waterworks to which the section applies. Additionally, the amendment proposes the omission of references to the ‘joint committee’ and ‘authority of county governments’.
Section 69 stipulates that following the commissioning of waterworks, the waterworks development agency must enter into an agreement with either the county government, the joint committee, or the authority of county governments. This is done jointly with the water service provider whose service area encompasses the said water works. The intent behind this agreement is to authorize the use of the water works to furnish water services, either by the joint committee, the authority, or the water services provider.
Clause 7 of the Bill proposes amendments to section 72 of the Act, introducing a new mandate for the Regulatory Board to evaluate and approve water, sewerage, and bulk water tariffs across various domains, including domestic, commercial, and irrigation uses. This proposed change augments the Board’s existing role, which involves recommending tariffs. Additionally, the amendment refines section 72(1)(c), eliminating the Board’s accreditation function and focusing solely on the issuance and stipulation of licensing conditions for water services providers. Within the Act, section 72 broadly delineates the powers and functions of the Regulatory Board. These include setting national water service standards, recommending water and sewerage tariffs with a keen eye on consumer protection, overseeing and regulating water service providers, ensuring compliance, managing a national water services database, addressing consumer grievances, and offering counsel to the Cabinet Secretary on pertinent water service issues.
The Bill now stands committed to the Standing Committee on Land, Environment and Natural Resources and the Committee shall facilitate public participation and take into account the views and recommendation of the public when it submits its report to the Senate within thirty (30) calendar days.
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