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Legal Support for Licensing of Water Service Boards

The Government of Kenya (GoK) is implementing far reaching reforms in the water sector to restructure and improve sector performance and address the problems associated with the management of the resources and delivery of water and sewerage services. The Water Act 2002 provides the legal framework for the implementation of new institutional arrangements. The Water Services Regulatory Board (WASREB) was established in March 2003.

The Board’s main responsibility as per the Water Act is to:

  • Issue licence to the Seven Water Service Boards for the provision of water services.
  • Develop and review standards for use in the Water Sector.
  • Establish procedures for handling complaints made by consumers against licencees.
  • Monitor compliance with standards.
  • Monitor and enforce licence conditions
  • Develop guidelines for fixing tariffs
  • Advice on cost effective and efficient management and operation of water services.
  • Develop model performance agreements for use between licencees and water service providers.
  • Monitor the operation of the agreements and take appropriate actions to improve their effectiveness.
  • Disseminate information about water services.
  • Promote water conservation and demand management measures
  • Monitor National Water Strategy
  • Determine fees, levies to be imposed on water services
  • Liaise with other bodies for better regulation and management of water services
  • Advice the Minister on matters concerned with water services
  • With the consent of the Attorney General undertake prosecution of any offences arising under this Act.

WASREB is operational and taking its position as a regulator by developing the tools i.e standards, guidelines and recommendations. As the Board implements the Act there are issues of compliance with license conditions which arise.

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