Transcript Slide 1

WATER SECTOR REFORMS
KENYA’S EXPERIENCE AND LESSONS LEARNT
R.K. Gaita
Director of Irrigation and Water Storage
Ministry of Water and Irrigation
6th June, 2011
Berlin, Germany
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OUTLINE

Background

Reform Structures

Implementation Experiences and Challenges

Achievements

Lessons Learnt2

Way forward
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BACKGROUND

Kenya is categorized as a water scarce country

Less than 50% of population lacked safe reliable water and
basic sanitation

Water resources were threatened by pollution, degradation and
over exploitation leading to conflicts (and loss of life at times)

Sector development was faced with institutional weaknesses,
inadequate funds for operation and development, weak
coordination and weak capacity amongst communities
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BACKGROUND
The water sector before the reforms
The overlapping roles and responsibilities of key public actors in the Water Sector were the
main causes of conflicts and poor services in the sector
MoLG
SHG/NGOs
MoA
MoLF
Irrigation
Livestock
water
Conflicts on checks
and balances
NWCPC
LAs*
Conflicts on allocation
of resources
Conflicts on lead in policy formulation
Conflicts on checks
and balances
Service
Provision
Regulation
Policy
Formulation
MWRMD
Conflicts on checks
and balances
INSTITUTIONAL CONFLICTS IN THE WATER SECTOR (UNDER CAP 372)
Poor services
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BACKGROUND
Service
Provision
Regulation
Policy
Formulation
The inadequate institutional set-up resulted in poor sector
performance
• Poor coordination in Water Sector
• Poor policy accountability*
• Poor attention to water resources management
• Lack of clear regulatory framework
• Lack of performance monitoring and evaluation
• Poor performance of water-undertakers
• Poor management of water resources (Quality
and Quantity)
• Failure to attract and retain skilled manpower
• Inadequate allocation of resources
• Poor service delivery and Low coverage
• Inability to attract investments
• Dilapidated infrastructure
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BACKGROUND

Poor sector performance resulted into
the following:
Lack of or less service levels

Poor quality services

High cost of services

No voice in service provision

Increased water vending
The water sector reforms
were intended to address
poor water performance
and the effects on the poor
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NATIONAL WATER POLICY


First step to address these challenges was to draw up a new
policy paper (National Policy on Water Resources
Management and Development - introduced in Parliament as
Sessional Paper No. 1 of 1999).
Key objectives of the Policy were:
 Preservation, conservation and protection of available
water resources and allocation in a sustainable, rational
and economical way
 Supply of good quality water in sufficient quantities to
meet various needs and alleviate poverty
 Establishment of an efficient and effective institutional
framework to guide development in the sector.
 Sustainable service provision
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NATIONAL WATER POLICY

The Water Policy placed emphasis on:

Enhancing the role of the private sector and community
management for sustainable services

Improved coordination among institutions in the water
sector

Review of the legal framework to address the changing
need of the sector
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THE REFORM INSTITUTIONS ( WATER ACT 2002)

Water Act 2002 – became operational in 2003

Legal framework for implementation of Water Policy

The Water Act introduced new institutions for the management
of water resources and water services

Essential features introduced under the institutions

Separation of water resources management from water service
provision

Establishment of autonomous regulation in the sector

Decentralization of services to regional level
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REFORM INSTITUTIONS
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REFORM INSTITUTIONS
Water Resources Management Authority (WRMA)
Responsible for the management of water resources
 Classify,
 Protect
monitor and allocate water resources
quality of water resources
 Monitor
and enforce permit conditions
 Manage
and conserve water catchments
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REFORM INSTITUTIONS
Catchment Area Advisory Committees (CAACs)

Advice WRMA on conservation, use and allocation of water
resources
Water Resources Users Associations (WRUAs)

Provide forum for conflict resolution and cooperative
management of water resources at sub-catchment level

Enable public and communities to participate in
management of water resources within catchment areas.
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REFORM INSTITUTIONS
Water Services Regulatory Board (WSRB)
Responsible for regulation of water and sewerage
services
 Licensing of Water Services Boards

Monitoring of WSBs and WSPs

Developing tariff guidelines

Developing model
agreements

Establishing procedures for customer complaints
licenses
and
performance
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REFORM INSTITUTIONS
Water Services Boards (WSBs)
Responsible for efficient and economical provision of
water services

Develop water facilities

Holder of license to provide water services

Apply regulations on water services

Contract WSPs

Purchase, lease or acquire water and sewerage assets
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REFORM INSTITUTIONS
Water Service Providers (WSPS)
Contracted by WSBs to provide quality water and
sewerage services

Operate and maintain facilities

Comply with quality standards and service levels

Billing and revenue collection

Prospective WSPs should be legal entities

These include autonomous entities established by local
authorities, community based organisations etc
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REFORM INSTITUTIONS
Water Services Trust Fund (WSTF)
Assist in financing the provision of water services in areas
without adequate services
Water Appeals Board
Hear and determine disputes in the water sector
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REFORM ROADMAP:

To implement the reforms in an orderly manner a Transfer
Plan was developed and Gazetted:

Key aspects of the Transfer Plan Include the following:

Transfer of assets from Government to the new Institutions with or
without any outstanding liabilities

Transfer/delinking of personnel to the new institutions

Capacity building and training of staff in the institutions (WSBs,
WSPs & WRMA)

Develop contractual and financial arrangements and support to
WSBs, WSPs, WRMA and WRUAs

Monitoring and evaluation of progress

Communication of reforms
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REFORM ACHIEVEMENTS

The sector is better organized

New institutions are externally audited annually - increased
transparency in use of funds

Water Service Providers are increasing performance with rising
service levels and customer orientation

In rural areas access to safe water increased through WSTF.

Stakeholder participation entrenched at all levels

Investment in the sector has increased (KSh 2 Billion in 2002 to
KSh 32 Billion in 2010)

Sector responding positively to regulation (Annual Impact
Reports by WSRB and WRMA Performance Report)
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INCREASE IN SECTOR INVESTMENT
Development Budget (MWI)
35
32.5
30
Billion Kshs
25
23.3
20
18.2
15
10
5
20.5
11.7
6.9
4.7
6.1
2007/08
2008/09
AiA
Net
14.5
12.1
Gross
12
8.7
0
2009/10
2010/11
Support
under
German
Development
Cooperation has been tremendous (KfW and
GIZ)
KfW has supported development of water and
sewerage infrastructure many urban towns (Nyeri,
Malindi, Eldoret, Kericho, Kakamega, Busia
GIZ provides great support to reform of the water
sector in Kenya
Nyeri Water Supply
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INCREASE IN SECTOR INVESTMENT
Kakamega Intake Works (KfW)
Nakuru Water Works (ADB)
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REFORM ACHIEVEMENTS

Sector able to attract and retain quality manpower with
diverse skills

Increased attention to informal settlements (pro-poor
approaches)

Enhanced stakeholder participation in management of
water resources

Reduced conflicts over water sharing

Increased water availability through involvement of WRUAs

Reduced duplication of roles and mandates

Sector responding to human rights to water
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REFORM CHALLENGES

Notable challenges include:

Inability to fully implement the Transfer Plan six years later

Transfer of Assets

De-linking of staff from the Ministry

Headquarters restructuring

Effective communication on reforms

Sustainability of most of the sector institutions established especially the Water
Services Providers

Meeting public expectation within a short time

Corporate governance issues

Information/Data gaps

Political interference
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LESSONS LEARNT

Reforms have made the sector active and vibrant

Sector is harmonized with limited duplication of resources

Regulation of the sector improving performance and
accountability

Socially
responsive
commercialisation
improving
sustainability while improving services to the poor

Separation of management of water resources from water
services good for water resources management
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LESSONS LEARNT

Resistance to continued reforms rampant

Important to identify and support reform champions

Continuously
achievements

Important to have a well structured capacity development
strategy for the sector

Political support
communicate
reform
benefits
and
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WAY FORWARD

Sustain reform tempo through continuous reviews and
public reporting

Complete implementation of Transfer Plan

Cluster unviable schemes

Performance monitoring and reporting to be sustained

Formalize services in informal settlements

Align the sector legislation to the new Constitution (Access
to water of good quality in adequate amounts in the Bill of
Rights)
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Thank you…
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