Devolution in Kenya
WATER AND SANITATION PROGRAM: POLICY NOTE
Supporting Poor-Inclusive WSS Sector Reform
Devolution in Kenya:
Opportunities and Challenges for the Water Sector
September 2013
KEY FINDINGS
Devolution under Kenya’s new 2010 Constitution has wide-ranging implications for the water sector. The
Constitution recognizes that access to safe and sufficient water is a basic human right. It also assigns responsibility for water supply and sanitation provision to 47 newly established counties.
1. Smooth devolution of water services calls for
Governors and county leadership to drive reform, but without disrupting services.
Effective implementation of the new devolved framework now requires the water sector to focus on the emerging opportunities and to address a number of challenges.
This note analyses the pertinent issues and options for national government and county leadership to achieve sustainable delivery of improved water services under the new dispensation.
3. Devolution of water services still requires greater clarity and certainty on pertinent issues.
Rapid devolution of water services requires greater clarity and certainty on key issues
5. The national water regulator should play a strong role in monitoring sector performance and enforcing compliance. The new government of Kenya elected in March 2013 committed itself to rapid transfer of devolved functions to the counties. This position, marked by an allocation of funding to counties, signaled a hastened pace of devolution compared to the earlier envisaged phased transfer of functions over a three-year period which was contingent on whether counties were deemed to have the necessary capacity to take charge of a function. Counties now need to make sure their budgets provide adequate financing for the recurrent and development costs of water service provision, in particular to personnel and operations and maintenance costs.
While phased transfer of functions
Supporting Poor-Inclusive WSS Sector Reform
Devolution in Kenya:
Opportunities and Challenges for the Water Sector
September 2013
KEY FINDINGS
Devolution under Kenya’s new 2010 Constitution has wide-ranging implications for the water sector. The
Constitution recognizes that access to safe and sufficient water is a basic human right. It also assigns responsibility for water supply and sanitation provision to 47 newly established counties.
1. Smooth devolution of water services calls for
Governors and county leadership to drive reform, but without disrupting services.
Effective implementation of the new devolved framework now requires the water sector to focus on the emerging opportunities and to address a number of challenges.
This note analyses the pertinent issues and options for national government and county leadership to achieve sustainable delivery of improved water services under the new dispensation.
3. Devolution of water services still requires greater clarity and certainty on pertinent issues.
Rapid devolution of water services requires greater clarity and certainty on key issues
5. The national water regulator should play a strong role in monitoring sector performance and enforcing compliance. The new government of Kenya elected in March 2013 committed itself to rapid transfer of devolved functions to the counties. This position, marked by an allocation of funding to counties, signaled a hastened pace of devolution compared to the earlier envisaged phased transfer of functions over a three-year period which was contingent on whether counties were deemed to have the necessary capacity to take charge of a function. Counties now need to make sure their budgets provide adequate financing for the recurrent and development costs of water service provision, in particular to personnel and operations and maintenance costs.
While phased transfer of functions
References: • Government of Kenya. 2013. 2013/14 Budget Policy Statement. Nairobi. Ministry of Finance • Water Services Regulatory Board. 2008. Impact: A Performance Report of Kenya’s Water Services Sub-sector • World Bank. 2012. Devolution Without Disruption—Pathways to a successful new Kenya The Constitution of Kenya (2010) lays out an ambitious