**3. Institutional framework for water management and monitoring mechanisms**

The section presents the framework as provided by the water Act 2002, and describes it in relation to the envisaged roles as it examines the efficacy of the institutions in performing the perceived roles. It also examines the role of popular participation in the governance of water resources and distribution management.

## **3.1 Institutions for water management in Kenya**

### **3.1.1 Institutional framework resulting from water act 2002**

Water Resources Management issues are captured under Part III of the Water Act 2002. The governance institutions and instruments established for the water resources management

Public Private Partnerships in the Privatization of Water Service Delivery in Kenya 221

The minister causes the formulation of National Water Resources Management (NWRSMS), through public consultation. The strategy is based on the data obtained from the National monitoring and Information Systems on water Resources (NMISWR). The body that formulates the strategy is the Water Resources Management Authority, (WRMA).The membership to this board are all appointees of the minster except the Chairman who is appointed by the president. This is the state agent that is charged with the governance of water resources. WRMA has its regional agencies called Catchment Area Advisory

All the 15 members of each CAAC is appointed by WRMA in consultation with the minister.

Each CAAC is supposed to develop its Water management strategy which is expected to:

3. Prescribe the principles, objectives, procedures and institutional arrangement, use,

5. Provide mechanisms and facilities for enabling the public and communities to

The CAAC's key function is to advise their respective WRMA regional office on: water resource conservation, use and apportionment; the grant, adjustment, cancellation or variation of any permit; and any other matters pertinent to the proper management of water

The Water Appeals Board (WAB) at the national level comprises a membership of a chairman who is appointed by the President and two members appointed by the minister. The main function of WAB is to hear appeals from mostly non state actors that have been aggrieved by action of some state actors in water governance and usage. The non state actors are usually represented at the local level by Water Resources Users' Associations

In as much water services provision appear separate from and parallel to water resources management at face value, in actual sense, they are so intertwined in the water governance set-up to the extent that they in terms of operations, have to go hand in hand. The Ministry at national level formulates policies for the institutions of Appeals board, Water services Trust Fund, and also Water Resources management Strategy. The policies so formulated are implemented through the Regulatory agencies like WRMA and WSRB, each having regional

1. Take into account the classification of water resource and its quality objectives,

4. Have water allocation plans that set out principles for allocating water and

resources. It is on this basis that WRMA shall issue or cancel permit for water use.

**3.1.2 Description of the water management institutions** 

The membership is drawn from the following:

3. representatives of farmers,

2. Be consistent with the NWRMS,

(WRUA's).

1. representatives of ministries or public bodies,

4. representatives of the business community,

6. other persons of demonstrable competence.

participate in managing the water resources.

5. representatives of non-governmental organisations and

development, conservation and control of water resources,

Committees (CAACs) which takes care of the designated catchment areas.

2. representatives of regional development authorities and local authorities,

under this part include the Ministry (Minister), Water Resources Management Authority (WRMA), Water Appeal Board (WAB) and the Catchment Area Advisory Committees (CAACs) while the instruments include the National Water Resources Management Strategies (NWRMS), National Monitoring and Information System on Water Resources (NMISWR), Catchment Management Strategy (CMS), permits and appeals. The institutional water management framework in Kenya is as presented in the figure below:

Source: Republic of Kenya (2007)

Fig. 1. Government's schematic representation of the institutional framework resulting from the Water Act of 2002

The body that formulates the strategy is the Water Resources Management Authority, (WRMA). WSRB registers or licences WSPs in each WSB. WRMA has its regional agencies called Catchment Area Advisory Committees (CAACs) which takes care of the designated catchment areas. The CAAC's key function is to advise their respective WRMA regional office on:


It is on this basis that WRMA shall issue or cancel permit for water use by a WSP. Water Appeals Board (WAB) hears appeals from mostly non state actors that have been aggrieved by action of some state actors in water governance and usage. The non-state actors are usually represented at the local level by Water Resources Users' Associations (WRUA's).
