Proposed water law to give residents relief

Residents across the country are warming up to a new water law that seeks to provide for management of the resource in line with the Constitution.

Water and sanitation have been a nightmare, especially in Nairobi where over 60 per cent of residents live in informal settlements.

However, there could be light at the end of the tunnel as the run-up to a new Water Act shifts to top gear as economic and social rights organisations strive to ensure equity.

The Bill seeks to provide for the regulation, management and development of water resources and sewerage services.

The Nairobi City County Assembly Water and Sanitation Sectoral Committee and Hakijamii (Economic and Social Rights Centre) jointly signed a memorandum after a consultative meeting with several civil society organisations in which they say the Water Act 2014 will repeal the current Water Act 2002.

"The National Assembly is in the process of enacting the Water Act 2014 that will repeal the current Water Act 2002 to align it with the Constitution," says the document.

The Sectoral Committee on Water and Sanitation and the Economic and Social Rights Centre affirmed their considerations and recommendations on the Water Bill provisions.

The Bill has gone through the Second Reading in the National Assembly in line with Article 118(b) of the constitution.

The Bill has several provisions, including the manner inspectors of the Water Resources Regulatory Authority can enter into private land.

According to the proposed law, land owners must be given a reasonable verbal or written notice at a reasonable time.

However, an inspector may enter into private property without giving notice if he or she believes provisions of the law are about to be contravened.

Other reasons include when the inspector is unable to give notice within "reasonable" time and gives reasonable grounds for not giving notice.

Property owners can also challenge the inspectors to produce evidence of their official identification, right or permission to access the premises.

According to the Bill, it is the duty of any person, when exercising any powers under the law to do so with reasonable care and cause as little damage as possible.

The proposed law further empowers the inspectors to enter without warrant and inspect any water resource within concerned property towards conserving the resource.

Other reasons include removing any obstruction, preventing illegal diversions, waste or pollution of the water resource.

It will also be an offence to refuse giving identity and residential details to water inspectors, if the Bill becomes law.

Moreover, issuing false details to the inspectors will also be an offence that may lead the property owners to be arraigned in court.

Every water resource is vested in and held by the national government in trust for the people of Kenya, according to the proposed law.

Consequently, no conveyance, lease or other instrument shall convey, assure, transfer or vest in any person any property, right, interest or privilege in respect of any water resource except as may be prescribed by the law.

The Bill further provides that land required for national public water works may be acquired in any manner provided by law for public land acquisition purposes.

The writer is an advocate of the High Court

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