Senate, governors want Water Bill overhauled
Business
By
Patrick Beja
| Feb 19, 2024
A Senate and Council of Governors (COG) committees have opposed the Water (Amendment) Bill, 2023, saying it was meant to take away the role of county governments in the provision of water.
The Senate County Investments and Special Funds Committee chaired by Vihiga Senator Godfrey Osotsi and the CoG's Water, Forestry and Natural Resources Management Committee headed by Taita Taveta Governor Andrew Mwadime opposed the Bill that has already sailed through the National Assembly, noting that it would erode the gains made under the Water Act, 2016.
Speaking after a consultative meeting between the two committees and water agencies at the Pride Inn Paradise Hotel in Mombasa County at the weekend, Mr Osotsi said there was a need to amend the Bill to ensure access to quality, safe and affordable water in counties.
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Osotso said the Bill threatened devolution as it takes way the role of providing water to Kenyans by the county governments as provided for by the Constitution.
"We have had a discussion that will lead to the provision of quality, safe water to our people. The Water (Amendment) Bill is meant to take away the gains made in the counties so far," he noted.
His sentiments were echoed by committee vice-chairman and Kisumu Senator Tom Ojienda, who said the Bill is unconstitutional and undermines devolution as water is a devolved function. He noted that access to clean water could be more costly if the Bill comes into force.
Mwadime said governors want a review of the Bill to ensure access to water even in marginalised areas of the country.
"We have had a good discussion, and we are making progress. We want an amendment to the Bill so that we have a win-win situation," Mwadime said.
Committee vice-chairman and Laikipia Governor Joshua Irungu said there was a need for national and county governments to consult to ensure seamless provision of water services to Kenyans.
He said there was also a need to have a discussion with Kenya Power on electricity tariffs so that Kenyans can get water at affordable rates.
Private investment
The controversial Bill seeks to harness private investment for financing water sector projects. It also seeks to promote private investment in the water sector through the Public Private Partnership model.
The Bill before the Senate seeks to substitute the clause "water services provider" in the current legislation with the company, agency, authority, State corporation, public benefit organisation or any other person providing water services by a license issued by the regulatory board for the service areas specified in the license.
Under the Water Act 2016, county governments run water and sanitation companies that supply water to consumers, while the national government manages the water works agencies that develop and maintain water infrastructure and provide bulk water.