Kenya is slowly realising the implementation of the Constitution and particularly devolution, but the biggest challenge that must be addressed urgently is the provision of sufficient and clean water to all, writes DAVID OHITO.

Even as the country focuses on devolution, one critical aspect is how Kenya’s 47 counties will be supplied with water following its recognition as a basic human right in the Constitution.

Article 43 (1) D of the Constitution entitles Kenyans to clean and safe water in adequate quantities.

The article espouses the human right to water and entitles everyone to sufficient, affordable, physically accessible, safe and acceptable water for personal and domestic use, but just how many Kenyans have and enjoy the right?

In Kenya, water supply services are poor for majority of citizens. In 2007, the Ministry of Water and Irrigation estimated that about 57 per cent of households use water from safe sources while sustainable access to safe water was estimated at 60 per cent. However, coverage among the urban poor was as low as 20 per cent. That meant about two million residents of Nairobi only enjoyed 20 per cent water coverage.

In rural Kenya, only about 40 per cent can access safe water, but how long women, men and children travel to reach water points varies from county to county.

The core problem of water supply in urban areas is compounded by rapid increase in the populations, often resulting in informal settlements, popularly called slums.

Water Reforms

Every year, billions of shillings are allocated to provide water to various parts of the country, but numbers of un-served, the inadequately-served and the marginalised, who long for the day they will enjoy this right, remains high.

Many experts including Rose N Osinde and Prof Albert Mumma who chairs the Task Force on Water Reforms at the Water ministry are battling with how to help masses understand the aspects of social justice and human rights’ approach to water.

The fact that water is a basic right in the Constitution does not mean more people will gain access.

Cases of corruption in water bodies and tales of water supply switched off because of electricity bills that have not been paid are many. Among the urban poor, cases of bribing to get legal connections are countless. And many boardroom wars over the control of water and sewerage companies only worsen the situation.

The United Nations recognises that improved access to water supply and appropriate sanitation is fundamental to the elimination of poverty and the achievement of Millennium Development Goals.

Slum dwellers suffer the most because they are forced to spend their little income to buy water everyday unlike those in middle and upper classes that have sufficient water and only have to part with a little cash in form of water bills every month.

policy framework

Several community-based organisations (CBOs) are helping people access water, but such efforts are often politicised and end up benefiting a few individuals.

Urban management in Kenya has been done in the absence of policy framework. The Local Government Act CAP 265 and the Physical Planning Act of 1996 have been the main legislative instruments governing urban areas, but challenges facing urban areas persist.

Human right

Recently, the Government launched the draft National Urban Development Policy, which seeks to create a framework for sustainable urban development policy. It hopes to resolve, among others, social infrastructure and services including water for all.

There is need to encourage non-governmental organisations (NGOs) and CBOs efforts in building capacity of people to play key roles in the implementation of service delivery and ensuring the right to sufficient and clean water is realised.

One such NGO is the Civil Society Urban Development Programme (CSUDP, which has hosted stakeholder forums and built capacities of the poor to access water.

George Wasonga, CSUDP coordinator, argues that, "Without strengthened accountability and transparency mechanism, not many Kenyans will realise the human right to water."

Wasonga says there is need to improve water supply for the urban poor to reduce disease incidence and cater for the marginalised who cannot afford or easily access it.

"Kenyans hope the recently launched National Urban Development Policy will go a long way in laying a foundation for resolving some of the infrastructural and service challenges facing the urban poor," says Wasonga.

"It is time to create water-wise cities where all residents in the posh houses and in informal settlements have access to water," says Wasonga.