MPs have approved the mediated version of the Water Amendment Bill, (National Assembly Bill No. 33 of 2023), following the adoption of a Report by the Mediation Committee on the Bill. 

The Water (Amendment) Bill (2023) seeks to amend the Water Act of 2016 by proposing reforms to enhance water service provision by incorporating Public-Private Partnerships and clarifying the roles of water service providers at both national and county levels.

While moving the motion on the Report, Co-Chair of the Mediation Committee, Marakwet East MP, Kangogo Bowen stated, “One of the contentious clauses was Clause 4 which proposes to transfer national public water works to county governments which the Mediation Committee rejected agreeing that such assets should remain under national jurisdiction to maintain centralized management of large-scale water infrastructure.”

Bowen also informed the House that the Committee also concurred with the Senate’s suggestion that the Water Services Regulatory Board (WASREB) should play a pivotal role in overseeing bulk water purchase agreements, ensuring that regulatory standards are met in consultation with relevant county governments.

In its Report, the Mediation Committee highlighted the necessity of maintaining the independence of the Water Services Regulatory Board, particularly in setting national standards for water service provision without the approval of the Cabinet Secretary.

Majority Whip and South Mugirango MP, Silvanus Osoro lauded the Bill emphasizing the importance of maintaining regulatory autonomy and ensuring that water services across the country adhere to consistent quality and efficiency standards.

He added, “All Members will agree that water is life and the proposed amendments made are very positive.”

Speaking in support of the Bill, Seme MP, James Nyikal pointed out the significance of the Water (Amendment) Bill in improving public health says.

“This is a very important Bill. Water is the greatest determinant of health. If this Bill is implemented correctly we can improve the lives of our people.”

Dagoretti North MP, Beatrice Elachi called on the Senate to develop regulations to manage water infrastructure referencing Nairobi County saying, “The Senate needs to develop regulations for Water Infrastructure particularly in Nairobi. We need to update water Infrastructure.”

Additionally, the House noted the Mediation Committee’s concerns over the equitable distribution of funds from the Water Sector Trust Fund, which has historically supported marginalized counties.

In its Report the Mediation Committee emphasized the importance of safeguarding the integrity of this Fund, ensuring that resources are directed towards counties with the greatest need, and preventing national entities from diverting these critical resources. The Water (Amendment) Bill, (National Assembly Bill No. 33 of 2023) now proceeds to the Senate for concurrence.