COHRE Water Sector Institutions Roles Kenya Nairobi 2008

The purpose of this booklet is to provide community water and sanitation groups and the public with practical information about water sector institutions and services in Nairobi area. It is hoped that this publication will serve as a useful resource for community water and sanitation groups in order to exercise their rights more fully and to access water and sanitation services within Nairobi area.

Hakijamii

Hakijamii Trust P.O. Box 11356 – 00100 2ND Floor, Golf Course Commercial Centre Kenyatta Market Nairobi, Kenya Tel: +254.020.273.1667 / 272.0751 Fax: +254.020.272.6023 Email: esrc@hakijamii.com Or contact COHRE’s Right to Water Programme at: Centre on Housing Rights and Evictions (COHRE) Right to Water Programme P.O. Box 26930 - 00100 Nairobi, Kenya Tel: +254.020.213 6171 Mobile: +254.722 591 435 / 733 484994 Email: kerubo@cohre.org, water@cohre.org www.cohre.org/water www.cohre.org/kenya

Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

Summary Description of Water Sector Institutionsin Nairobi, Kenya and their Roles

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

Contents Water sector institutions and their roles in the water sector . .................3 1. Ministry of Water and Irrigation (MWI)......................................................6 2. Water Resources Management Authority (WRMA) ................................7 3. Water Services Regulatory Board (WASREB)..........................................10 4. Water services Trust Fund (WSTF)...........................................................11 5. Water Appeals Board ................................................................................14 6. Water Services Boards (WSB)...................................................................14 7. Water Service Providers ...........................................................................16 City Council of Nairobi . ...............................................................................19 Reporting Corruption.....................................................................................19 Kenya National Commission on Human Rights..........................................20 Informal Water Service Providers.................................................................20 National Environmental Management Authority (NEMA)............................21 Kenya Bureau of Standards (KEBS) ...........................................................21 Ministerial Coordination ...............................................................................22 Non-Governmental Organisations ...............................................................24

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Water sector institutions and their roles in the water sector Summary of water sector reforms In 2002 the water sector reforms in Kenya culminated in the passing of the Water Act; the Act, which was gazetted in October 2002, gained legislative force in 2003.

The Water Act introduced new water management institutions to govern water and sanitation (water sector institutions). While water resources remained vested in the state, the water reforms saw the introduction of the commercialisation of water resources as part of the decentralisation process and the participation of stakeholders in the management of national water resources.

The separation of policy and regulatory responsibilities and the devolution of responsibilities for water resources management and water services provision to local level functions has been the principal mechanism for improving accountability and transparency in the water and sanitation sector.

With the passing of the Water Act and consequent water sector reforms, the Government committed itself to adopting a human rights based approach in the water sector.

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Key Legislation and Policies 1. The National Policy on Water Resources Management and Development Sessional Paper No. 1 of 1999 2. The Water Act, 2002 The National Policy on Water Resources Management and Development Sessional Paper No. 1 of 1999 and the Water Act of 2002 spearheaded the water sector reforms in Kenya.

The main objectives of the National Water Policy of 1999 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 while ensuring safe disposal of waste water and environment protection; • Establishing an efficient and effective institutional framework to guide development and management of the water sector; • Developing sustainable financing system for effective water resources management, waster supply and sanitation development.

The National Policy on Water Resources Management and Development which called for de-centralization of operational activities from the central Government to other actors, including local authorities, the private sector and increased involvement of communities in order to improve efficiency and sustainability in service delivery.

The Sessional paper further addressed water supply and sanitation development, the institutional framework and financing of the water sector. The paper proposed the amendment of the Water Act Cap 372 to enable it to be consistent with the provisions.

The Water Act of 2002 gave legal force to the National Water Policy objectives.

The key provisions of the Act allowed for the necessary reforms for management of water resources, strengthening the institutional framework of the water sector while eliminating the role of government in direct service provision and providing mechanisms for financing water resources and services. The Ministry of Water and Irrigation (MWI) was vested with the responsibility for overall sector oversight including policy formulation, coordination and resource mobilisation.

Under the Water Act, 2002, water and sewerage services are separated from water

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resources management to minimize conflicts of interests between allocation and service provision. The Act also established standards for the provision of water and sewerage services. There are three tiers of institutions for water and sewerage: • Water Services Regulatory Authority • Water Services Boards • Water Services Providers Under Water Resources Management, new institutions have been established to give greater attention to the management of water resources. The objective is to improve the management and protection of water resources for equitable allocation for the various uses including domestic, industry, agriculture, energy, livestock and others.

The institutional framework for water resources consists of: • The Water Resources Management Authority • Catchment Area Advisory Committees • Water Resources Users Associations • Water Services Trust Fund The established water sector institutions include: • Water Services Regulatory Board (WASREB) to set standards and regulate the sub-sector; • Water Appeal Board (WAB) to adjudicate on disputes; • Seven Water Services Boards (WSBs) to be responsible for the efficient and economical provision of water services; • Water Services Trust Fund (WSTF) to finance pro-poor investments • Water Services Providers (WSPs) to be agents in the provision of water and sewerage services • Water Resources Management Authority (WRMA) to manage and protect Kenya’s resources.

• Catchment Area Advisory Committees (CAAC) support the WRMAs at the regional Level.

• Water Resource Users Associations (WRUA) established as a medium for cooperative management of water resources and conflict resolution at subcatchment level.

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

1. Ministry of Water and Irrigation (MWI) The Ministry of Water and Irrigation (MWI) is the ministry in charge of the water sector and is therefore responsible for the overall management of water resources and general government policy on the water sector in the country. The Ministry was established in January 2003 with the goal of conserving, managing and protecting water resources for socio-economic development.

Under the water sector reforms, the Ministry transferred management of and operation of water services to the Water Services Regulatory Board (WASREB) from mid 2005. The Director of water was the person in charge of water services in the ministry but these powers and duties were transferred to the regional water service boards that are now licensed by the WASREB to provide water services in different regions across the country. The ministry and other state corporations that were involved in water supply such as the National Water Conservation and Pipeline Corporation also transferred their water supply facilities to these regional water service boards. NGOs, CBOs and any other community self help groups are required to enter into agreements with the respective regional water service boards with regard to use of water supply facilities owned by the community organisations.

What are the main responsibilities of the Ministry of Water and Irrigation?

The Ministry remains in charge of developing legislation, policies and national strategies on water and sanitation. It is also responsible for ensuring that all the water sector institutions work in coordination with each other and monitoring performance of the water sector. In addition the Ministry is also responsible for ensuring that funds are mobilised and properly allocated country wide.

Are there any water programmes that are funded by the Ministry of Water and Irrigation?

Following the water sector reforms, the Ministry of Water and Irrigation (MWI) was left to deal with policy issues as management of water resources and water services and supply were transferred to bodies that were created under the reforms i.e. the Water Resources Management Authority and the Water Services Regulatory Board.

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However, the ministry receives budgetary allocations on water programmes such as Rural-urban water programme which it disburses to the bodies such as the WASREB for funding of specific projects. The bodies, in turn, partner with community development organisations and other development organisations on projects under the programme.

How can I contact the Ministry of Water and Irrigation?

The Ministry of Water and Irrigation is located in Community area, Nairobi.

Contacts: Maji House Off Ngong Road P.O. Box 49720 – 00100 Nairobi TEL: 254 020 2716103/ 254 020 2716285.

Website www.water.go.ke, Email - pro@water.go.ke

2. Water Resources Management Authority (WRMA) The Water Resources Management Authority (WRMA) was formed as one of the water sector bodies under the water sector reforms; the body was established under the Water Act 2002. The overall mandate of WRMA is to protect and conserve water resources. Water resources for purposes of the Water Act include lakes, ponds, swamps, streams, marshes, watercourses or any body of flowing or standing water both below and above the ground.

The functions of the WRMA include planning, management, protection and conservation of water resources. The WRMA is also authorized to receive and determine applications for water permits and monitor their compliance. There are currently six established regional offices in Kenya these are Athi catchment area in Machakos, Tana catchment area in Embu, Rift Valley catchment area in Nakuru, Lake Victoria South catchment area in Kisumu, Lake Victoria North catchment area in Kakamega and Ewaso Nyiro North catchment area in Nanyuki.

The WRMA responsibilities extend to the management of water catchments. The Water Act establishes the Catchment Area Advisory Committees whose principal functions are to advise the WRMA on water resources conservation, use and apportionment at the catchment levels.

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

WRMA is also expected to implement policies and strategies relating to the management of water resources; these include the National Water Resources Management Strategy and Integrated Water Resources Management and develop management strategies for water catchment areas.

How can I/ we participate in the Water Resources Management?

The WRMA encourages public participation in the management of water resources through many ways and these include; • Formation and facilitation of Catchment Areas Advisory Committees (CAACs) • Establishment and facilitation of Water Resources Users Association The above groups are meant to work with the Water Resources Management Authority and their functions are: • to advise the WRMA on conservation of water resources • to advise on use and apportionment of water resources • to advise on the grant, adjustment, cancellation or variation of any permit to use water resources

How do I join or assist in forming a Catchment Area Advisory Committee (CAAC) or a Water Resources Users Association (WRUA)?

Catchment Area Advisory Committee Catchment Areas Committees are formed in areas such that have been designated as Catchment Areas in accordance with the Water Act 2002. A catchment Area is one that is the source of a water course for example (examples to be confirmed from WSTF). Advisory Committees are formed by the WRMA in consultation with the Minister for Water and Irrigation Each catchment area committee has membership of not more than 15 persons. The Catchment Area Advisory Committees may include representatives of community groups such as farmers and pastoralists and NGOs within catchment areas. The members are normally persons chosen to represent the different community groups around the catchment area. Given the definition and meaning of a catchment area, it is highly unlikely that there can be a CAAC in Nairobi area.

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Water Resources Users Association (WRUA) Water resource management includes the involvement of Water Resource Users Associations, formed by community members and groups in cooperation with Catchment Area Advisory Committees (CAAC) in water resource management and conflict resolution.

Am I required to apply for water users permit to use water resources for domestic and personal use?

The Water Act provides for the issue of permits with respect to drainage of swamps and other lands, and discharge of pollutants into water resources. WRMA is responsible for the issue of water extraction permits through their established regional offices. Permits are however NOT required for the abstraction or use of water, without the employment of works such as industrial pumps for domestic and personal purposes.

How do I contact the Water Resources Management Authority?

The Water Resources Management Authority headquarters are located at Upper Hill, Nairobi Contacts: NHIF Building, 10th Floor Wing B, Off Ngong Road TEL: 254 020 2729048 or 254 020 2729049.

Email address wrma@wrma.or.ke The Water Resources Management Authority has regional offices in around the country that ensure that its activities are covered nationally. The Athi Catchment Area (ACA), a Branch of the Authority which serves Nairobi area is located in Machakos; Contacts: C/o Machakos Regional Manager, P.O. Box 1159 Machakos – 90100 TEL: 254 44 206 14

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

3. Water Services Regulatory Board (WASREB) The Water Services Regulatory Board is established under the Water Act and was operationalised in March 2003. The functions of the WASREB include the issuance of licences to Water Service Boards and to approve service provision agreements concluded between Water Service Boards and Water Service Providers. The Water Service Providers are the agencies that directly provide water and sanitation services to consumers. The WASREB is responsible for ensuring that water services and supply are efficient and meet expectations of consumers through regulation and monitoring of Water Service Boards and Water Service Providers. To standardize service provision, the Board has the responsibility of developing among others, tariff guidelines.

The Board is therefore supposed to oversee the implementation of policies and strategies relating to provision of water and sanitation services, these policies include the National Water Services Strategy (2007 -2015), Pro-Poor Implementation Plan for Water Supply and Sanitation (refer to the popular versions of these documents prepared by COHRE & Hakijamii Trust), the specific functions of the WASREB include: • Providing information about water and sanitation services.

• Regulating the provision of water and sanitation services; this is done through such methods as setting standards for the provision of water services, monitor compliance of facilities for water supply with the set standards • Licensing Water Service Boards such as the Athi Water Services Board and other regional water service boards and approving their appointed Water Service Providers through service provision agreements; • Setting the rules, establishing standards guidelines and monitoring the performance of Water Service Boards and Water Service Providers and enforcing regulations.

• Establishing technical, water quality and effluent disposal standards.

What are Tariff Guidelines?

One of the key functions of WASREB is to develop guidelines that fix tariffs for the provision of water and sanitation services that is the cost consumers will be charged for accessing water supply and sanitation. Tariff guidelines provide the basis upon which tariffs are set and how the Board will review, approve and adjust

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the tariffs over time. It is also sets out the requirements and procedures that Water Service Boards and Water Service Providers must follow for tariff adjustment.

How does the WASREB determine the water tariffs?

In developing tariff guidelines WASREB tries to balance commercial, social and ecological interests by ensuring access to all while allowing after Water Service Boards and Water Service Providers to recover justified costs. Therefore the tariff guidelines take into consideration financial sustainability, the human right to water, efficiency, water conservation and simplicity. The interests of Water Service Providers are assured by ensuring that they are able to recover their costs of supplying water and sanitation services while the interests of consumers by requiring that Water Service Boards and Water Service Providers apply affordable tariffs at Water Kiosks for a minimum consumption of 20 liters. Further WASREB considers the efficiency of Water Service Providers in providing services, the cost of abstraction, treatment and distribution of water and the consumers’ ability to understand the tariff structure.

How can I contact the Water Services Regulatory Board?

The Water Services Regulatory Board offices are currently situated as NHIF building, Upper Hill 9th Floor Wing B, Nairobi.

P.O. Box 41621 – 00100 Nairobi TEL. 254-20-2733559, 254-20-2733558, E-mail info@ewater.co.ke or info@wsrb.or.ke

4. Water services Trust Fund (WSTF) The Government of Kenya, through the Ministry of Water and Irrigation established the Water Services Trust Fund (WSTF) under the Water Act 2002 to channel funding for its long-term objectives of developing water and sanitation services in areas of Kenya without adequate water. The main objective of the WSTF is to assist in financing capital costs of providing services to communities without adequate water and sanitation services. The WSTF focuses on reaching those areas that are underserved or not served at all such as informal settlements, the priority being given to poor and disadvantaged groups. The projects are funded through direct allocation by the Government and donations and grants that may be received from bilateral and multilateral development partners, organisations and individuals.

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

The WSTF works closely with Water Service Boards to ensure that funds available reach poor, vulnerable and marginalised groups in the implementation of projects.

How does the Water Services Trust Fund determine which projects to fund?

The WSTF works with the Water Service Boards in identifying priority areas that will benefit from the fund. The WSTF considers factors such as level of investment in water and sanitation infrastructure, access to quality water services and sanitation coverage levels. For example in 2006 the WSTF identified 362 of the poorest locations in Kenya. The WSTF funded projects in Kitui, Mwingi, Mbeere, Nithi, Meru North, Tharaka, Makueni, Machakos, Kajiado, Turukana, Baringo Kuria, Koibatek, West Pokot, Narok, Nakuru, Suba, Kuria, Homa Bay, Rachuonyo, Kisumu, Siaya, Bondo, Trans Mara, Nyando, Kericho, Bomet, Bungoma, Vihiga, Butere-Mumias, Kakamega, Uasin Gishu, Marakwet, Trans Nzoia, Busia, Teso, Lugari and North Nandi.

How can I benefit from the Water Services Trust Fund?

The WSTF developed the Community Project Cycle for rural areas and is currently testing the Urban Project Cycle to cover urban areas. The project is still in its pilot stage with projects in Oloolaiser in Ngong town, Naivasha and Mavoko town council. The project is yet to be rolled out fully to cover all poor urban areas in the country.

There are indications that the Water Services Trust Fund will roll out the project in low income areas in Nairobi including informal settlements. Financing of these projects will be through Water Service Providers to extend water and sanitation services to the low income/informal settlements in urban areas.

How is the Community Project Cycle in rural areas managed?

• The Water Service Boards (WSBs) and the WSTF identify poorest locations using the national poverty index.

• Water Service Boards creates awareness in the identified areas on opportunities available for Community Based Organisations (CBOs) to make applications for financial support of water and sanitation projects.

• The CBOs and their members submit their applications to WSB. The community groups are assisted in the development of the proposal by a pre

Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

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selected supporting organisation.

The WSB receives the application and responds.

There is selection process on which CBOs qualify for support; the CBOs must be legally registered, from the identified areas and must be willing to manage the water and sanitation projects including contributing to the costs to the project.

The WSB then engages a Support Organisation (SO) to support the CBO in the project and roles are clearly spelt out. A Quality Control Agent has to approve movement to the next phase of designing the Water and Sanitation Project The design phase is led by the Support Organisation and leads the CBO through the technical designs, drawings, bills of quantity and costs.

Funds are released to the CBO and the Support Organisation to cover part financing of the project and staff costs respectively.

Implementation of the project starts with the project launch. There is constant monitoring and oversight by the Quality Control Agent and the WSB After completion of the project the CBO is left to manage to project and chooses either to be registered as Water Service Provider or join an existing Water Service Provider.

The role of the WSTF during the community project cycle is to: • Ensure that the selection process of CBOs that will benefit from the fund is transparent.

• Review the CBOs project proposal to ensure that its meets set standards.

• Release funds for the projects.

• Ensure that all projects are audited and any audit questions answered.

How do I contact the Water Services Trust Fund?

The Water Services Trust Fund (WSTF) is located in Nairobi, Upper Hill area along Mara road, Nairobi.

P.O. Box 49699 – 00100, Nairobi TEL: 254 020 2720696, E-mail: info@wstfkenya.org

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

5. Water Appeals Board The Water Appeals Board is established under the Water Act to adjudicate disputes within the water sector. The Appeals Board is made up of three persons, one appointed by the President on advice of the Chief Justice and two others appointed by the Minister for Water and Irrigation. The Water Appeals Board can hear and determine appeals arising from the decision of the Minster of Water and Irrigation, the WASREB and the Water Resources Management Authority (WRMA) with respect to the issuance of permits or licensees under the Water Act. A matter is supposed to be lodged with the appeals board within 30 days of communication of the decision to the affected person unless there is a different regulation that provides for a different length of period or other condition. The decision of the Appeals Board is final; however where a matter touches on a point of law, an appeal from the WAB may be filed before the High Court of Kenya.

Can my dispute be heard by the Board?

The Act provides that the appeals board is meant to hear and determine matters where a person’s rights to property have been affected by the decision of the Minister of Water and Irrigation, the WRMA or the WASREB, or where a person who is a licensee of the Water Service Boards has been affected in the terms of the agreement by the decisions of any persons mentioned above. Any matter must therefore fall within the above specified category for it to be considered by the Water Appeals Board.

6. Water Services Boards (WSB) Water Service Boards (WSBs) are constituted under the Water Act 2002. The WSBs are responsible for the provision of water and sewerage services within their areas of coverage and are licensed by the WASREB. The WSBs are also responsible for contracting Water Services Providers (WSPs) for the provision of water services.

WSB and WSP enter into service provision agreements that include but not limited to the supply area, development, rehabilitation and maintenance of water and sewerage facilities of the WSBs. The WSBs are responsible for the review of the water services tariffs proposals from WSP before submission to WASREB for consideration.

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There are currently eight established WSBs namely, Athi Water Services Board, Tana Water Services Board, Coast Water Services Board, Lake Victoria South Water Services Board, Lake Victoria North Water Services Board, Northern Water Services Board, Rift Valley Water Services Board and Tanathi Water Services Board.

Athi Water Services Board (AWSB) The Athi Water Services Board serves Nairobi city and the surrounding districts of Kiambu East, Kiambu West, Gatundu and Thika. The main responsibilities of AWSB are to: • Expand coverage with strong focus on improving access to water services in urban informal settlements and to the rural poor.

• Contribute to poverty reduction, promote gender equity, sensitize communities on good health and hygiene practices, promote HIV/AIDS awareness and conserve the environment • Appoint viable and well managed Water Service Providers and ensure they have appropriate systems by undertaking the following: • Enforce water quality monitoring • Ensure they have maintenance systems and procedures to minimise interruptions to water supplies • Ensure they have accurate and efficient billing system.

• Ensure they are customer focused in all their activities.

• Monitor and evaluate performances against targets for the Board and Water Service Providers.

• Build Capacities of Water Service Providers to embrace efficiency, accountability and responsibility in service delivery • To ensure the appointed WSPs have appropriate systems, Athi Water Services Board commits to; a) Enforce water quality monitoring in all WSPs b) Undertake planning and infrastructure development and ensure WSPs have maintenance systems and procedures in order to minimise interruptions to water supply c) Require WSPs to have accurate and timely billing d) Ensure all WSPs to have a customer focus in all their activities and be responsive to customers needs and complaints The Athi Water Services Board has appointed the Nairobi City Water and Sewerage Company to provide water services in Nairobi city.

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

How will the AWSB work benefit informal urban settlements?

AWSB has developed a policy and draft strategic guidelines to improve water services provision in the informal settlements of Nairobi.

The overall objective of the Guideline is to increase coverage, affordability and sustainable access to safe water services and basic sanitation facilities in the informal settlements of Nairobi by (a) providing guidance for NCWSC actions, (b) promoting partnerships with key stakeholders, and (c) increasing the predictability and transparency of WSS interventions for recipients and partners. The Guideline will provide direction to plan settlement-specific strategies and programs, including specific timelines, goals and costs.

The guidelines include a brief overview of the sector (institutional, legal and regulatory issues) as well as an overview of the situation in Nairobi’s informal settlements. The guidelines provide some preferences for technical solutions, but more importantly, a series of principles are laid out to construct a conceptual framework for interventions. Lastly, these principles are translated into a strategic action model for operational engagements in the informal settlements.

How do I contact the Athi Water Services Board?

The Athi Water Services Board is located in the Upper Hill area of Nairobi, along Hospital Road in Africa-Re Centre Building, 3rd Floor P.O. Box 45283 – 00100 Nairobi, Kenya.

TEL: 254-20-272492, Mobile- 0725 674 763 or 0735 375 695 Email info@awsboard.go.ke

7. Water Service Providers The functions of Water Service Providers (WSPs) include the direct provision of water and sanitation services and the development, rehabilitation and maintenance of water and sewerage facilities of the WSB. The Water Service Providers act as agents of the Water Service Boards. Under the Water Act, Water Service Providers are defined to include companies, NGOs, other persons or bodies. The Interpretation and General Provisions Act, Chapter 2 of the Laws of Kenya defines “person” as

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a legal or natural person. The implications are that community groups to qualify as Water Service Providers must be formally registered under the Societies Act, Chapter 108 of the Laws of Kenya to gain legal personality.

The Nairobi City Water and Sewerage Company (NCWSC) The Nairobi City Water and Sewerage Company (NCWSC) is the Water Service Provider in charge of water services in Nairobi area. The NCWSC was formed to take over provision of water and sewerage services from the former Department of Water and Sewerage in the City Council of Nairobi. The institutional responsibility for installation of water and sanitation infrastructure was handed over to the NCWSC for maintenance, while the Athi Water Services Board remained responsible for laying large scale infrastructure such as trunk mains.

How does the Nairobi City Water and Sewerage Company deal with the extension of services in Nairobi’s informal settlement?

The Nairobi City Water and Sewerage Company (NCWSC) in October launched the Informal Settlements Department that will deal with water and sanitation supply in informal settlements. In coordination with the Athi Water Services Board, the NCWSC is targeting specific informal settlements to extend water and sanitation services through constructing water kiosks and ablution blocks (toilet and bathroom services).

For more information on the Informal Settlements Department please contact the Informal Settlements Department, based at the Company headquarters, in industrial Area, along Kampala Road, Nairobi.

How can I apply for a water kiosk with the Nairobi City Water and Sewerage Company?

The NCWSC is open to receive applications from individuals and Community Based Organisations for the installation of water points in informal settlements.

The applicant is however expected to pay a survey fee of Kshs. 1,100.00 and meter deposit of Kshs. 6,000.00 for a commercial connection (e.g. kiosk) or Kshs.

1,200.00 for a residential connection.

Where a Community Based Organisation is making the application they will also need to furnish the NCWSC with proof of their registration which will include their certificate of registration and PIN number. Applications can be followed up at the nearest NCWSC Regional office.

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

Why doesn’t the Nairobi City Water and Sewerage Company run water kiosks or offer direct services to residents of Nairobi’s informal settlements?

The NCWSC while expected to ensure that informal settlements are adequately served does not currently have the financial or human capacity to manage water kiosks in informal settlements. It is therefore relying on the principal of delegated management where the NCWSC allows individuals and Community Based Organisations to manage water kiosks on behalf of the company.

Are Nairobi City Water and Sewerage Company employees allowed to physically remove your meter?

NCWSC employees are only expected to read the meter, they cannot take away your meter even if you have not paid for your water supply. Individuals and Community Based Organisations are encouraged to make sure that they ask NCWSC employees for their employee badge numbers that displays their photographs. Where you are unable to get the employee badge numbers, the NCWSC encourages individuals and Community Based Organisations to record the registration numbers of the employee’s vehicle or motor cycle. The incident should then be reported to the nearest NCWSC offices.

How can I promote transparency in the operations of the Nairobi City Water and Sewerage Company?

Corrupt practices by the Nairobi City Water and Sewerage Company employees can be reported to the Chief Finance Manager of Nairobi Water Company on Tel: 254 020 210968 (a direct line). The Nairobi City Water and Sewerage Company also has forms for complaints that can be downloaded from the company’s website; www.nairobiwater.co.ke

How can I contact the Nairobi City Water and Sewerage Company?

The Nairobi City Water and Sewerage Company headquarters are located at Industrial Area Nairobi along Kampala Road, P.O. Box 30656 – 00100 Nairobi, Kenya TEL: 254-20-557131/2/3 or 552150, 553737 Email info@nairobiwater.co.ke

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Note that the Nairobi Water Company has several other offices within Nairobi, where customers can access services such as payment of bills and follow of applications for water connections and other services with the company. The offices include:- Karen, Buruburu, Comcraft, Kampala road, Pangani, Charan Centre (Mombasa road), Eastleigh, Nairobi Dam, the Mall (Westlands), Kayole (opposite Naivas supermarket) and Kariobangi.

City Council of Nairobi The City Council of Nairobi is one of the local authorities in Kenya and was formed in 1935. The City Council of Nairobi derives its mandate from the Local Government Act and other laws that define its roles, functions and powers. The main functions of the City Council of Nairobi are to provide and manage basic services to residents in Nairobi. These services include basic education, housing, health, water and sewerage services, refuse and garbage collection, urban planning and development control among other services.

As regards water and sewerage services, the water sector reforms required actual water and sanitation services to be provided by water service providers such as the Nairobi City Water and Sewerage Company. The City Council of Nairobi is however responsible for the construction and maintenance of drainage channels and all other waste water.

Under the Public Health Act, The Local Government Act and its by-laws, the City Council of Nairobi is also charged with the responsibility of ensuring proper storage, collection, transportation, safe treatment and, disposal of waste.

The City Council of Nairobi is located at City Hall along Taifa Road. City Council of Nairobi can be contacted through the Chief Public Relations Officer on TEL: 020 - 221349

Reporting Corruption One can also report all corrupt practices to the Kenya Anti-Corruption Commission (KACC) offices, located at the Integrity Centre, Milimani/ valley Road junction.

TEL: 254-20-2717468, Mobile: 0727 285 663 or 0733 520 641 (Hotlines) Email address for reporting corrupt practices is report@integrity.go.ke

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

The Government also established the Public Complaints Standing Committee that is under the Ministry of Justice, National Cohesion and Constitutional Affairs.

The Public Complaints Committee is mandated to receive complaints against any public officer in ministries and all other public bodies. The nature of complaints can range from corruption, unethical conduct, and breach of integrity to incompetence, misbehaviour and inefficiency of any Public Officer. Complaints have to be made in person by the complainant who has to fill a form that is provided at the Public Complaints Standing Committee offices.

The Public Complaints Standing Committee has its offices on the 20th Floor of the Co-operative Bank Building, Haile Selassie Avenue, Nairobi.

Contacts: Tel. 254 020 240337, 254 020 224029 (Extension 185, 187 or 189) Mobile Phone: 0722 970 604, 0733 241 11

Kenya National Commission on Human Rights The Kenya National Commission on Human Rights (KNCHR) is a human rights commission established by the Government through an act of parliament. The main function of the KNCHR is to promote and protect all human rights. The KNCHR has powers to investigate the violation of ANY human right following a complaint being made or on its own initiative. The Kenya National Commission on Human Rights has a programme of complaints and investigations which manages the complaints desk where all reports of human rights violations can be reported.

How can I contact the Kenya National Commission on Human Rights?

The KNCHR is located at CVS Plaza on Lenana Road, Nairobi.

P.O. Box 74359, 00200, Nairobi.

TEL. 254 020 2717908, 254 020 2717256 Mobile. 254 0726 610 159

Informal Water Service Providers Apart from the Nairobi City Water and Sewerage Company, there are other small scale water providers especially in informal settlements in urban areas. Majority of these service providers are individuals who rely on the provision of water and

Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

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sanitation supply to earn an income. There are also a number of Community Based Groups that are involved in water and sanitation service provision.

While the water sector reforms focused on the need to improve the involvement and participation of communities and individuals, there are currently no sector regulations or standards that control or monitor the quality of these services.

These providers are normally not regulated and need to be brought into the water regulatory regimes. This is important in order to avoid water cartels that are infamous for creating artificial shortages of water in order to raise the price of water in urban informal settlements.

National Environmental Management Authority (NEMA) The Environmental Management and Coordination Act enacted in 1999 was passed to ensure sound environmental management. The Act entitles every person to a clean and healthy environment with corresponding obligations to protect and manage the environment; the act establishes the National Environment Council (NEC), National Environment Management Authority (NEMA), provincial and district environment committees, and the Public Complaints Committee. These organs create avenues for public participation. Although the NEMA and WRMA are the lead agencies responsible for the control of pollution the WASREB and WSBs are expected to enforce water and effluent quality testing and publication of result by the water service providers

How can I contact the National Environmental Management Authority?

The NEMA is also located along Kapiti Road, Off Mombasa Road P.O. Box 67839 Nairobi.

Tel: 254 020 2101370 Mobile phone contact: 0724 253 398 or 0735 013 046 The email contact is dgnema@nema.go.ke

Kenya Bureau of Standards (KEBS) The Kenya Bureau of standards is formed under an Act of parliament with the main purpose of ensuring that the standard of products that are produced locally and internationally for consumption meet set international and local standards.

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

Currently, water quality standards and monitoring in Kenya adhere to the WHO guidelines as provided in the Kenyan water quality standards developed by the Kenya Bureau of Standards. The KEBS has laboratories with modern facilities for carrying out the tests. The KEBS has the Quality Inspection department that handles formal complaints on quality of products and carries out investigations of such complaints.

How do I contact the KEBS? The physical offices of the Kenya Bureau of Standards are located along Kapiti Road, Off Mombasa Road , Behind Belle Vue cinema, P.O Box 00200 54974, Nairobi, Kenya Tel: 254 020, 605506, 605573,605574, 605610, 605634, 605673, 603476 Mobile: 0722202137/8, 0734600471/2 Fax: 254 020 604031, 609660,602213 Email: info@kebs.org

Ministerial Coordination In addition to the development of key national policies on water and sanitation, a number of government ministries have complimentary mandates to the Ministry of Water and Irrigation. These include;

Ministry of Finance The Ministry of Finance is responsible for monitoring and regulating the disbursement of finances to all public bodies and to manage fiscal activities on national economic policies. Its key role with respect to water and sanitation is the mobilisation of sufficient funds for the water and sanitation sector.

Ministry of Planning and National Development The Ministry of Planning and National Development is responsible for the monitoring of the implementation of the Economic Recovery Strategy for Wealth and Employment Creation (ERS). The ERS is the countries economic blueprint and the basis upon which the Government sought to implement the Millennium Development Goals which provides the international development targets under the MDGs.

Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

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The Ministry through the Central Bureau of Statistics is responsible for the collection and analysis of baseline information on national development and poverty reduction goals including the water and sanitation sub-sector. Past joint initiatives with the Ministry of Water and Irrigation have included the development and publication of the Kenya Integrated Household Business Survey which provided an analysis of the water and sanitation situation.

Ministry of Housing These ministries are jointly responsible for the provision of basic services such as water supply housing and sanitation infrastructure all relevant to the attainment of an adequate standard of living.

Ministry of Environment and Natural Resources The Ministry of Environment and Natural Resources is the lead agency with respect to the protection of natural resources and the environment. These remain relevant to the Ministry of Water and Irrigation’s overall mandate to control of effluent, disposal of excreta and raw water quality control.

Ministry of Education Attention to hygiene and basic sanitation education is a shared value between the Ministry of Water and Irrigation and the Ministry of Education. The Ministry of Education’s attention to ensuring public education and training complements the Ministry of Water and Irrigation. The training curriculum is expected to training of children and adults on water use, hygiene and basic sanitation as well as protection of water resources.

Ministry of Trade and Industry Worldwide industries are responsible for the pollution of the environment and water resources. Increasingly, the Ministry of Trade and Industry and the Ministry of Water and Irrigation have identified the need to control effluent from industries in order to protect the environment particularly water resources.

Ministry of Public Health and Sanitation The Ministry of Health and Sanitation is the lead agency with respect to environmental sanitation with shared interest in the development of basic sanitation infrastructure and promotion of hygiene through continuous supply of sufficient

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Summary Description of Water Sector Institutions in Nairobi, Kenya and their Roles

clean water. The Ministry of Health and Sanitation, Division of Environmental Health, has the overall mandate for hygiene education and basic sanitation where facilities do not rely on sewerage systems, such as pit latrines which are predominant within the informal settlements and in rural areas. As stipulated under the National Health Sector Strategic Plan of Kenya (2006) and the National Environmental Sanitation and Hygiene Policy (2006), the Ministry of Health is expected to undertake national hygiene campaigns in fulfilling its mandate to provide basic sanitation and hygiene education.

Ministry of Local Government The Ministry of Local Government is in charge of formulation and administration of the Local Authorities Policy, the oversight and management of other local authority bodies through formulation of by-laws and also administration of the Local Authority Transfer Fund in order to oversee the general development of the local authorities in Kenya. Specifically the Ministry of Local Government and the Ministry of Water and Irrigation have common mandates with respect to the performance and good corporate governance of public water and sanitation utilities, as well as environmental sanitation related to disposal of excreta.

Non-Governmental Organisations NGOs play an important role in advancing the right to water and sanitation and are necessary stakeholders in the water sector. There are a number of Non Governmental Organisations that deal with the various aspects on the right to water and sanitation in Nairobi. It is important to note that while some NGOs will assist CBOs with infrastructure development, others work purely on advocating for the human right to water and sanitation.