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Water Laws & Policy

Since 2002, Kenya has been undergoing water sector reforms triggered by the Water Act.

Ministry of Water and Irrigation has overall responsibility for the formulation, review and implementation of the water sector policy. Under the ministry, Water Resources Management Authority regulates water resources management and the Water Services Regulatory Board regulates water and sewerage services by setting national standards for water tariffs and quality, while issuing licences for water service providers.

Ministry of Health has overall responsibility for on-site sanitation. It also monitors water quality and carries out sanitation and hygiene promotion.

In 2010, the new Constitution created 47 county governments and set up the framework of devolution of government functions. Under the Constitution, water resources management is separate from water and sewerage service provision. The responsibility for providing water and sanitation services is decentralised and devolved from the national Government to the county governments, while the competence over water resources management stays at the national level.

Devolution of responsibilities could be an opportunity to provide water and sanitation services that are tailored according to the needs and specificities of the local population.

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