Transcript Water Sector Reforms in Kenya

Service Provision Governance in Peri-Urban and Informal
Settlements in Kenya
Overview of Past and Present Public Governance
Frameworks
Presented At the Regional Workshop By
Eng. Peter O. Mangiti – Ministry of Water and Irrigation- Kenya
Nairobi, March 7 + 8, 2005
Water Sector Reform in Kenya V2.0_Supported by GTZ
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AGENDA
1.
Overview
2.
Old Institutional and Legal Framework (Cap. 372)
3.
Service Provision Under CAP. 372
4.
New Water Act 2002
5.
New Institutional Set-up
a) Water Resources Management
b) Water Supply and Sewerage
c) Water Appeal Board
6.
Role of MWRMD
7.
Service Provision under the Water Act 2002
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Water Sector Reform in Kenya V2.0_Supported by GTZ
Old Water Legislation CAP 372
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New Water Act 2002
Core problems:
Solution:
• Inadequate and insufficiently harmonized
legal and institutional frameworks
• Separation of policy formulation, regulation
and service provision
• Inefficient operational and financial
management systems
• Separation of WSS and WRM services
Source:
NWCPC
MoLG
SHG/NGOs
MoALD
WAB
WSTF
LAs
Conflicts on allocation
of resources
Conflicts on lead in policy formulation
Poor services
WSRS
Conflicts on checks and balances
Irrigation
Conflicts on checks and balances
Service
Provision
Regulation
Policy
Formulation
MWRMD
• Devolution of responsibilities
MWRMD
WRMA
WSRB
CAACs
WSBs
WSPs
WRUAs
Water Resources Management
Water and Sewerage Service
Consumers, Users
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Water Sector Reform in Kenya V2.0_Supported by GTZ
1.
Overview
2.
Old Institutional and Legal Framework (Cap. 372)
3.
Service Provision Under CAP 372
4.
New Water Act 2002
5.
New Institutional Set-up
a) Water Resources Management
b) Water Supply and Sewerage
c) Water Appeal Board
6.
Role of MWRMD
7.
Service Provision under the Water Act 2002
7/17/2015 11:37 PM
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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Old Legal and Institutional Framework, CAP 372 and others
•Many legal provisions (Acts of Parliament) dealing with Water, (27, including CAP372) often conflicting, hence
difficulties in enforcement
•Many different actors, whose activities conflict, and no mechanism for resolutions
•Ministry of Water handles policy, regulation and service provision
•No Distinction between Water Resources Management, Development and Service Provision
•A Supply-driven environment, with serious consequences on sustainability and efficiency of usage of the
resource.
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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
LAs*
Conflicts on allocation
of resources
Service
Provision
Regulation
Conflicts on checks
and balances
Conflicts on lead in policy formulation
Poor services
*
Source:
NWCPC
Conflicts on checks
and balances
Policy
Formulation
MoWI
Conflicts on checks
and balances
INSTITUTIONAL CONFLICTS IN THE WATER SECTOR (UNDER CAP 372)
Local Authorities
WSRS
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The inadequate institutional set-up resulted in poor sector performance
Service
Provision
Regulation
Policy
Formulation
BOTTLENECKS IN THE WATER SECTOR (UNDER CAP 372)
*
Source:
• 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
Low coverage
Inability to attract investments
Dilapidated infrastructure
The absence of written policy in the past, prior to the Sessional Paper No. 1 of 1999, created room for sector actors to implement policies devoid
of holistic approach to sectoral objectives
WSRS
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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AGENDA
1.
Overview
2.
Old Institutional and Legal Framework (Cap. 372)
3.
Service Provision under CAP 372
4.
New Water Act 2002
5.
New Institutional Set-up
a) Water Resources Management
b) Water Supply and Sewerage
c) Water Appeal Board
d) Reform Drivers
6.
Role of MWRMD
7.
Service Provision under the Water Act 2002
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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Service Provision in Peri- Urban Areas under CAP 372
Poor Policy Accountability and Lack of Clear
Regulatory Framework
Poor attention to Water Resources Management and
Environmental Sanitation
Land Tenure and Planning
•No clear responsibility for service provision for unplanned
areas
•Emergence of cartels
•Communities paying more for water
•Scarcity of Water
•Illegal Connections – “Spaghetti connections” –
Unaccounted for water
•Heavy pollution and degradation of Environment
•Poor/non-existent extension of environmental sanitation
services
•Emergence of sanitation service providers with no legal
recognition from existing city governance institutions
•Land Ownership problems have hampered efforts to
institutionalize service provision
•This has also hampered planning of settlements, in turn
resulting in lack of infrastructure for access to basic services
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Water Sector Reform in Kenya V2.0_Supported by GTZ
7/17/2015 11:37 PM
AGENDA
1.
Overview
2.
Old Institutional and Legal Framework (Cap. 372)
3.
Service Provision under CAP 372
4.
New Water Act 2002
5.
New Institutional Set-up
a) Water Resources Management
b) Water Supply and Sewerage
c) Water Appeal Board
d) Reform Drivers
6.
Role of MWRMD
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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The Water Act 2002 separates policy formulation, regulation and services provision; it
defines clear roles for sector actors and a decentralized institutional framework
MoWI
Water
Resources
Management
Authority
WRMA
Catchment
Areas Advisory
Committees
CAACs
Regional
Office
WRMA
Water
Services
Regulatory
Board
WSRB
Water
Services
Boards
WSBs
Water Resources
User Associations
WRUAs
Water Resources Management
Water Services
Providers
WSPs
Water and Sewerage Service
Consumers, Users
Source:
WSRS
Regulation
Water Services
Trust Fund
WSTF
Transitional institutions (reform drivers)
Consumption, Use
Local level
Regional
level
National level
Water Sector Reform
Steering Committee
WSRSC
Water Sector
Reform Secretariat
WSRS
Services
Provision
Water Appeal
Board
WAB
Policy
Formulation
INSTITUTIONAL SET-UP UNDER WATER ACT 2002
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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Clear roles and responsibilities defined to sector actors will result in improved
water sector performance
Service
Provision
Regulation
Policy
Formulation
EXPECTED OUTCOMES UNDER WATER ACT 2002
Source:
WSRS
• Improved coordination in Water Sector under one Ministry
• Clear policy accountability
• Focused attention to water resources management
• Clear regulatory framework
• Performance monitoring and evaluation
• Improved performance of water-undertakers
•
•
•
•
•
•
•
Improved management of water resources (Quality and Quantity)
Ability to attract and retain skilled manpower
Efficient provision of services leading to self sustainability
Improved service delivery
Increased coverage
Ability to attract investments
Improved infrastructure
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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AGENDA
1.
Overview
2.
Old Institutional and Legal Framework (Cap. 372)
3.
Service Provision Under CAP 372
4.
New Water Act 2002
5.
New Institutional Set-up
a) Water Resources Management
b) Water Supply and Sewerage
c) Water Appeal Board
d) Reform Drivers
6.
Role of MWRMD
7.
Service Provision under the Water Act 2002
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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The Water Resources Management Authority (WRMA) is responsible for the
sustainable management of the Nations water resources
KEY RESPONSIBILITIES AND INTERACTION: WRMA
MoWI (policy and supervision)
WSRB
WRMA
Citizens
Civil society
WSPA
- Classify, monitor, and allocate
water resources
- Determine reserve water****
- Protect quality of water resources
- Monitor and enforce permit conditions
- Determine applications for water use permit
- Manage and conserve water catchments
- Determine charges for use of water resources
- Provide information on water resources
- Liaise with sector bodies and institutions
- Advise Minister on water resources
WSBs
NIB*
MENR
NEMA**
RDAs
NWCPC
KENGEN***
CAACs
WRUAs
*
**
***
****
Source:
National Irrigation Board
National Environmental Management Authority
Kenya Electricity Generation Company
Determine reserves for domestic use and environmental conservation
WSRS
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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Catchment Area Advisory Committees (CAACs) shall advice the WRMA on
conservation, use, and allocation of water resources in their catchment
KEY RESPONSIBILITIES AND INTERACTION: CAACs
MoWI (policy and supervision)
WRMA
CAACs
WSBs
Civil society
Water users
Advise officers of the WRMA at the
appropriate regional office concerning:
- Water resources conservation, use, and
apportionment
- The grant, adjustment, cancellation or variation
of any permit
- Any other matter pertinent to the proper
management of water resources
WSPs
MENR
NEMA*
WRUAs
*
Source:
National Environmental Management Authority
WSRS
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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Water Resources Users Associations (WUAs) shall provide a forum for conflict resolution and
cooperative management of water resources in designated catchment areas
KEY RESPONSIBILITIES AND INTERACTION: WRUAs
MoWI (policy and supervision)
WRMA
CAACs
WRUAs
WSRB
Civil society
and other
Stakeholders
WSB
Enables public and communities
to participate in managing water
resources within each catchment area
WSPs
NEMA*
Water users
*
Source:
National Environmental Management Authority
WSRS
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Water Sector Reform in Kenya V2.0_Supported by GTZ
7/17/2015 11:37 PM
AGENDA
1.
Overview
2.
Old Institutional and Legal Framework (Cap. 372)
3.
Service Provision Under CAP 372
4.
New Water Act 2002
5.
New Institutional Set-up
a) Water Resources Management
b) Water Supply and Sewerage
c) Water Appeal Board
d) Reform Drivers
6.
Role of MWRMD
7.
Service Provision under the Water Act 2002
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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The Water Services Regulatory Board (WSRB) is responsible for the regulation of
water and sewerage services in partnership with the people of Kenya
KEY RESPONSIBILITIES AND INTERACTION: WSRB
MoWI (policy and supervision)
WRMA
WSRB
MoH
NEMA*
NWCPC**
KBS***
Public
Consultation
- Gives advice to Minister
- Licensing of WSBs
- Consent to agreement between
WSBs and WSPs
- Monitor WSBs and WSPs
- Develop tariff guidelines
- Develop model license agreements
- Develop model performance agreements
- Establish procedures for customer complaints
- Inform the public on sector performance
Citizens,
Civil society,
and other
Stakeholders
WSBs
WSPs
Consumers
*
**
***
Source:
National Environmental Management Authority
National Water Conservation and Pipeline Cooperation
Kenya Bureau of Standards
WSRS
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The Water Services Boards (WSBs) are responsible for the efficient and economical provision
of water and sewerage services within their areas of jurisdiction
KEY RESPONSIBILITIES AND INTERACTION: WSBs
MoWI (policy and supervision)
WSRB
NEMA*
WRMA
WSBs
LAs**
NWCPC
RDAs***
CAACs
- Develop facilities
- Prepare business plans and
performance targets
- Apply for license to provide water
and sewerage service
- Apply regulations on water services
and tariffs
- Contract Water Services Provider
- Purchase, lease or acquire water and sewerage
infrastructure and land
Citizens,
Civil society,
and other
Stakeholders
WRUAs
WSPs
WSPs
WSPs
WSPs
*
**
***
Source:
National Environmental Management Authority
Local Authorities
Regional Development Authorities
WSRS
Consumers
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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Water Services Providers (WSPs) shall be contracted by WSBs to provide quality
water and sewerage (sanitation) services
KEY FUNCTIONS AND INTERACTION: WSPs
WSRB
WSB
WSPs
WRMA
CAACs
NEMA*
- Bid for service provision
- Operate and maintain facilities
- Comply with quality standards
and service levels
- Billing and revenue collection
Civil society
Consumers
*
Source:
National Environmental Management Authority
WSRS
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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The Water Services Trust Fund (WSTF) shall assist in financing the provision of
water services to areas of Kenya which are without adequate water services
KEY FUNCTIONS AND INTERACTION: WSTF
WSTF
Donors*
Provide financing and support towards:
- Capital investments for community water services
- Water services activities outlined in the Water Services
Strategic Plan and as prioritized by Government
- Capacity building activities and initiatives among communities
- Awareness creation and information dissemination
regarding community management of water services
- Active community participation in the implementation
and management of water services
Parliament**
MoWI
Funding
Consultation
*
**
***
Source:
Grants and loans
Appropriations and budget
Also the NWCPC when exercising residual power of Minister to provide water services
WSRS
WSBs
NWCPC
WSPs***:
Communities, NGOs, CBOs
Water and Sewerage Service
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Water Sector Reform in Kenya V2.0_Supported by GTZ
7/17/2015 11:37 PM
AGENDA
1.
Overview
2.
Old Institutional and Legal Framework (Cap. 372)
3.
Service Provision Under CAP 372
4.
New Water Act 2002
5.
New Institutional Set-up
a) Water Resources Management
b) Water Supply and Sewerage
c) Water Appeal Board
6.
Role of MWRMD
7.
Service Provision Under the Water Act 2002
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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The Water Appeal Board (WAB) shall provide a mechanism for dispute resolution
High Court
KEY RESPONSIBILITIES AND INTERACTION: WAB
Water Appeal Board
Hear and determine:
• Appeals on orders, decisions,
permits, and licences
• Disputes
Appeals on matters
of law
MoWI
WRMA
CAACs
WSRB
WSBs
WRUAs
WSPs
Water Resources Management
Water and Sewerage Service
Consumers, Users
Source:
WSRS
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Water Sector Reform in Kenya V2.0_Supported by GTZ
7/17/2015 11:37 PM
AGENDA
1.
Overview
2.
Old Institutional and Legal Framework (Cap. 372)
3.
Service Provision Under CAP 372
4.
New Water Act 2002
5.
New Institutional Set-up
a) Water Resources Management
b) Water Supply and Sewerage
c) Water Appeal Board
6.
Role of MWRMD
7.
Service Provision Under the Water Act 2002
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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The Ministry of Water and Irrigation (MoWI) shall devolve from regulation and direct service
provision to focus on its core functions policy formulation,
overall sector coordination, supervision, and guidance
KEY FUNCTIONS AND INTERACTION: MWRMD
Parliament
Stakeholders:
Public
Consumer groups
User groups
NGOs
CBOs
NRAs
RDAs
LAs
Communities
Development
Partners
Other Government
Ministries and
Departments:
- Policy formulation
and direction
- Sector coordination,
planning and financing
- Supervise public institutions
under MWRMD
- Parliamentary business
MoWI
MoF
MoLG
MENR
MoH
MoA
MoLF
NEMA
KEWI
NWCPC
NIB
WAB
WSTF
WRMA
WSRB
CAACs
WSBs
WSPs
WRUAs
Water Resources Management
Source:
WSRS
Water and Sewerage Service
Consumers, Users
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Water Sector Reform in Kenya V2.0_Supported by GTZ
7/17/2015 11:37 PM
AGENDA
1.
Overview
2.
Old Institutional and Legal Framework (Cap. 372)
3.
Service Provision Under CAP 372
4.
New Water Act 2002
5.
New Institutional Set-up
a) Water Resources Management
b) Water Supply and Sewerage
c) Water Appeal Board
6.
Role of MWRMD
7.
Service Provision Under the Water Act 2002
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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Service Provision in Peri-Urban Areas under the Water Act 2002
•
Through interaction with and between WSTF, WSB, and WSP, communities in the peri-urban areas and informal
settlements are being empowered to manage provision of water services:
–
–
–
–
Capacity building of communities to start water provision as a business, and carrying out competitive
selection of service providers – drawing up of service provision agreements.
Clustering of the Spaghetti lines to known off-take and metered points to eliminate water losses through
illegal connections
Elimination of cartels by setting tariffs – regulation
Ensuring equitable distribution of water through zoning of community service providers and enforcing
service standards as stipulated in the service provision agreements
•
This intervention has just been carried out in Mukuru informal settlement in Nairobi, involving the Water Services Trust
Fund, the Nairobi Water Services Board, Nairobi City Water and Sanitation Company and Mukuru Residents and is very
successful. WB has started a similar initiative in Kibera ( Maji Bora Kibera)
•
Scaling up program planned for other informal settlements and peri- urban areas in Nairobi and other urban areas
through the respective Service Boards
•
A Study that will result in a clear framework for operationalization of the Water Act 2002 in rural (and peri-urban ) Water
Supplies and Sanitation is underway. It is funded buy SIDA/DANIDA Program.
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Water Sector Reform in Kenya V2.0_Supported by GTZ
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Service Provision in Peri-Urban Areas under the Water Act 2002 Contd.
•
Land tenure issues and resultant lack of physical planning still pose challenges to the provision of sanitation services
particularly.
•
There is growing recognition of the role played by informal sanitation services providers, e.g. in Kibera Nairobi.
Through initiatives by WB and local NGOs there is a new push for legal recognition and empowerment of these groups
by the Nairobi Water Service Board and Nairobi Water and Sanitation Company.
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