Status of WSIs Transition

/Status of WSIs Transition
Status of WSIs Transition2019-05-22T11:54:30+03:00
  1. Status of WSIs  transition as of 27th February 2019. The water sector reform process officially commenced in April, 2017 with the operationalization of the Water Act, No. 43 of 2016, which was enacted to align the water sector with the requirements of the Constitution of Kenya. To date the Ministry of Water and Sanitation has prioritized the institutional transition for national government water sector institutions namely Water Resources Management Authority, National Water Conservation & Pipeline Corporation, Water Services Regulatory Board, Water Appeal Board and the Water Service Boards. The transition of these national government water sector institutions are at  an advanced stage. The appointment of new Boards of Directors for these institutions, in tandem with provisions of the 2016 Water Act; and the formal launch of these newly established institutions will mark the assumption of the new, revised or updated mandates and functions and the alignment of the water sector institutions with the Constitution of 2010.Water Sector Trust Fund The Water Sector Trust Fund has made several milestones towards transitioning to Water Act 2016 as follows:
    1. Rebranding: WSTF embarked on a process to adopt the new name Water Sector Trust Fund and to rebrand in keeping with the new name and mandate. The Fund has developed a new logo and new visibility materials, and has proceeded to rebrand many of its assets and funded projects using the new identity.
    1. Actions to implement Unbundled mandates of the Fund :
      1. Is in the process of developing a concept and model for sustainable financing through subsidiary funds and on-lending mechanisms (Endowment & Revolving)
      2. Is working with the Ministry of Water and Sanitation and other sector institutions to explore the modalities of proposed Water Levy
      3. Is in the process of developing modalities for financing research in water and sanitation
      4. Increased climate and disaster management action (mobilizing for resources towards these areas)
      5. Ongoing review of funding criteria and procedures
    1. County Engagement & Collaboration
      1. The Fund has developed and is implementing a strong county engagement framework in its financing towards water and sanitation. This has been done through:
        1. Co-funding of programs through signed memoranda of Understanding with Counties
        2. Establishment of County Resident Monitors as liaison and technical support to implementers
    • Capacity support towards County level planning (policy & strategy development) and execution of programs
    1. Alignment of Board membership to the Water Act 2016 (numbers and composition of newly appointed Board by the Cabinet Secretary)
    2. Ongoing review of the Trust Deed

Water Resources Authority

The following activities and milestones have been achieved towards the realization of the successful transition of Water Resources Management Authority to Water Resources Authority:

  1. The Water Act, 2016 operationalizing the Water Resources Authority has taken effect and proposals for gazettement of Basin Areas by the Cabinet Secretary has been made and 6 Basin Areas (including one administrative Basin Area) delineated and forwarded for consideration and gazettement.
  2. The previous Board discussed and issued its approval to the Establishment report and new logo.
  3. Counties within each Basin Areas have been listed for purposes of identification of each county falling within the designated Basin Areas for purposes of appointment of Basin Water Resources Committees. The list has been forwarded to the Ministry of Water and Sanitation.
  4. Proposals for Amendment of the Water Act, 2016 have been made and forwarded to the MWS to facilitate harmonization of conflicting roles of Basin Water Resources Committees before appointment and operationalization.
  5. A consultant has been appointed by the MWS to facilitate development of the National Water Resources Strategy; WRA has attended meetings with the consultant for clarifications and input.
  6. A consultant has been appointed by the MWS under the KWSCRP to support the development of Water Resources Regulations. The process of development of the Regulations is underway.
  7. The President has appointed a Chairman to the WRA Board and the Cabinet Secretary, MWS has appointed Board members to the Board.

The Authority has developed an Establishment Report making provisions for Transitional issues such as transfer of assets and liabilities, obligations, agreements, staff matters and organization chart, and other arrangements existing at the commencement of the 2016 Act.

The following activities and milestones have been achieved towards the realization of the successful transition of Water Resources Management Authority to Water Resources Authority:

  1. The Water Act, 2016 operationalizing the Water Resources Authority has taken effect and proposals for gazettment of Basin Areas by the Cabinet Secretary has been made and 6 Basin Areas (including one administrative Basin Area) delineated and forwarded for consideration and Gazette notice issuance.
  2. The previous Board discussed and issued its approval to the Establishment report and new logo.
  3. Counties within each Basin Areas have been listed for purposes of identification of each county falling within the designated Basin Areas for purposes of appointment of Basin Water Resources Committees. The list has been forwarded to the Ministry of Water and Sanitation.
  4. Proposals for Amendment of the Water Act, 2016 have been made and forwarded to the MWS to facilitate harmonization of conflicting roles of Basin Water Resources Committees before appointment and operationalization.
  5. A consultant has been appointed by the MWS to facilitate development of the National Water Resources Strategy; WRA has attended meetings with the consultant for clarifications and input.
  6. A consultant has been appointed by the MWS under the KWSCRP to support the development of Water Resources Regulations. The process of development of the Regulations is underway.
  7. The President has appointed a Chairman to the WRA Board and the Cabinet Secretary, MWS has appointed Board members to the Board.
  8. The Authority has developed an Establishment Report making provisions for Transitional issues such as transfer of assets and liabilities, obligations, agreements, staff matters and organization chart, and other arrangements existing at the commencement of the 2016 Act.

Wasreb

The Water Act 2016, under Section 150 provides for the transition of Water Services Regulatory Board (WASREB) to Regulatory Board.   To effect the transition process, WASREB in September, 2017 constituted a working committee to develop the transition plan and budget with recommendations on a clear defined and monitor-able process of transforming the institution to the new Water Sector Institution that will deliver the expanded mandates.

Through the    transition committee WASREB developed a self-assessment report that formed the basis of coming up with the institution structure and development of a costed transition plan and transfer plan. This culminated to 1st Draft establishment report and Transition plan followed by expert review between 7th and 10th May, 2018.

During a workshop held on 22nd June, 2018 Wasreb with other members of transition committee finalised the first Draft establishment report.

The ISC EY organised a workshop in December, 2018 to review the draft with a view to finalising it but the report needs to be interrogated further including conducting Skills Assessment in line with the expanded new mandate of Wasreb and finalised for printing and launch of the Institution.

Most notable is that Wasreb has developed and launched Institutional Strategic Plan.

Draft II Establishment Report with organogram and staff establishment expected in February 2019 from ISC Ernst and Young.

Appointment and gazettement of new Board Members for the institution has been done.

From Water Service Boards to Water Works Development Agencies    

 

The core mandate for WWDAs is to undertake investments in national public works that involve cross county provision of bulk water. Specifically, WWDAs will;

► Undertake the development, maintenance and management of the national public water works within its area of jurisdiction;

► Operate the waterworks and provide water services as a water service provider, until such a time as responsibility for the operation and management of the water works are handed over to a county government, joint committee, authority of county governments or water services provider within whose area of jurisdiction or supply the water works is located;

► Provide reserve capacity for purposes of providing water services where pursuant to section 103, the Regulatory Board orders the transfer of water services functions from a defaulting water services provider to another licensee;

► Provide technical services and capacity building to such county governments and water service providers within its area as may be requested; and

► Provide to the Cabinet Secretary technical support in the discharge of his or her functions under the Constitution and the Water 2016 Act.

WWDA(s) will only be responsible for investing in national public water works.

Development of Criteria for establishment of WWDAs.

The Ministry has formulated a criterion which has been subjected to public consultations in line with section 232 (d) of the Constitution of Kenya.  9 regional stakeholders’ consultations were held in the country including with the Senate and National Assembly committees on water. The recommendations from the stakeholder consultations so far held indicate that majority of participants prefer multiple WWDAs as opposed to a single WWDA.

Kenya Water Institute

Key strategic, legal, policy and operational considerations that have been under review, for purposes of reviewing of the Kenya Water Institute Act of 2001. The review is being undertaken on the instructions of the Principal Secretary, State Department for Water Services. The mandate of the review exercises is guided by the following objectives –

  1. To undertake an internal assessment of KEWI operations under current legislative framework.
  2. To identify key technical and operational elements that requires to be addressed through the statutory review.
  3. To examine proposals on review of teaching and research mandates of KEWI.
  4. Learn from current strengths and synergies, and develop a vision for the review exercise.
  5. Development of a draft legislative framework to govern a revised teaching, research and innovation mandate for the institute

The Ministry of Water and Irrigation (MWI) has put in place a Working Committee to undertake this process, and a roadmap and key milestones have been agreed to. The committee has held three (3) working sessions, followed by an open-discussion and baselining forum convened together with key KEWI staff and managers, in order to undertake an internal assessment of KEWI operations, and to openly deliberate on the outcomes. Out of this discussion, key technical and operational elements requiring statutory review have been identified, and form the basis of this report. Subsequent to this report, a Draft Bill is under development for review and consultations.

 

NWHSA

National Water Conservation and Pipeline Corporation (NWCPC) is a State Corporation established under the State Corporations’ Act vide Legal Notice No. 270 of 24th June, 1988 Cap 446 of the Laws of Kenya.  previously retailing water in several water supplies across the 7 Regions of the country namely Coast, Southern, Nairobi, Central, Rift Valley, Western and Northern. All schemes efficiently managed some through cross subsidy from others (e.g. pumping subsidized by gravity  ones)

Flood control works – New flood sites were mapped out and construction undertaken: Narok (Narok County), Mogotio (Baringo County), Turkana (Turkana County), River Tende (Homa Bay County) and River Kuja (Migori County).  Construction works along the traditional flood control sites of River Nzoia (Budalang’i – Busia County), Nyando River (Kisumu), River Tana (Tana River County) and River Daua (Mandera County), In addition, significant works were done in Njoro Kubwa and Rahole Canals in Taita Taveta and Garissa Counties respectively.

Key steps towards transition

  • Rebranding
  • Implementation of the Transition Road Map as guided by the National Transition Committee
  • After approval of the proposed structure/ structure for the Authority, internal recruitment and suitability tests to fill the new structure
  • Starting regional offices; Coast/Southern, Rift valley/ Western, Central and Northern Regions
  • The authority to be graded such that it is at par with others in the industry/economy to address staff exodus (Categorization)
  • Put in place strong staff retention policies
  • Start drafting proposed regulations
  • Come up with human resources instruments and policies
  • Budget: for transition and for delivery of new mandate
  • Monitor Transition