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REPORTS

Right To Water and Water Sector Reforms

 

Open session report

14^th August 2006

 

Venue: Gatwekera PAG Church

 

                                Conducted by Umande Trust and Shelter Forum

 

Background

 

With the promulgation of the new water Act no.8 of 2002, there is a new institutional set-up for planning, supporting and monitoring improvements in water sector performance in Kenya.  Significantly, these reforms provide progressive and decentralized framework for community-led water and sanitation programmes. This has resulted to emergence of hierarchical organizational institutions. These structures are in the early stages of implementation. To this end eight water service boards have been put in place and several water service providers have been licensed in major cities and towns like Nairobi, Kisumu, Mombasa and Nakuru. This presents an opportunity for communities to engage actively in water and sanitation provision services.

 

It is against this background that Umande and Shelter Forum, in the spirit of partnership have been spearheading activities on the water sector reform agenda with the aim of consolidating efforts for enhanced water and sanitation service delivery to people’s settlements. The first forum was held in PAG Gatwekera on the 14^th July 2006 bringing on board 250 community members from the eight villages in Kibera and members from the civil society and the newly set water institutions.

 

The forum registered remarkable gains;

·         The community shared the challenges they face in accessing water and sanitation.

·         Conceptually, the participants significantly improved their understanding of the ongoing water reforms and their role in improving their access to safe and affordable water.

·         The Athi Water Services Board promised to incorporate two community representatives in their board.

·         The forum identified key concerns, challenges and strategies in accessing safe, adequate and affordable water and sanitation in people’s settlements

·        The participants generated concrete ideas and plan of action for making water and sanitation accessible and affordable in their settlements.

 

Forum design,

The forum was designed to be an open session where the participants had open dialogue and deliberations amongst themselves. This provided sufficient room for self-criticism, debate and action planning.

The process adapted was:

·          Little of writing on flipcharts and more of talking and engaging the participants.

·          Presentations from the facilitators.

·          Plenary sessions

 

The participants benefited from the sharing of ideas and learning from the representatives of the Nairobi water and sewerage company and the Athi water services board.

 

 Forum exposition

On behalf of Umande Trust, Gachie extended a word of welcome to all the participants and took the participants through the programme. He stated that the purpose of the forum was to share our experiences and approaches in accessing water and sanitation.

 

Nancy Abisai from Shelter forum led the participants through their expectations at the end of the workshop. She started by introducing the major task of the forum as a creating awareness on the ongoing water sector reforms. The expectations were:

·          Will be aware of the water reforms

·          Some said water should be for free since it’s a vital resource for sustenance.

·          The water is unsafe and unreliable

·          Others wanted to know how to access World Bank funding on water.

·          Based on the 13^th June symposium how can communities access the decentralized funds e.g. CDF, LASDAP, LATF and utilize them in water provision projects.

·          More knowledge on the water Act hence will demand their right.

·          Regulation of water prices

 

In introducing the water Reforms, Mr. Patrick Muraguri started by with water is life and so what should communities do/ how should they participate in water services provision.

He went ahead to give a brief history of the water sector leading to the water reforms. In 1974, the Government established a Ministry of Water Development which set a goal of “water for All by the year 2000”, and took over many water supplies previously managed by other stakeholders. The goal was not realized due to inadequate financial resources.

 

1992 the second National Water Master Plan which identified the lack of a comprehensive policy, institutional and legal framework to guide the sector, and inadequate financial resources. It proposed a framework for future water management and development including the need to decentralize management responsibilities to the lowest level and involving all stakeholders. The Master Plan also set out a long-term plan for the implementation of water sector reforms, culminating to the adoption of the National Policy on Water Resources Management and Development under Sessional Paper No. 1 of 1999.

 

In 2000, following the adoption of the policy, the Government conducted a review of the water sector, in collaboration with donors and major stakeholders, and has developed a National Water Resources Management Strategy (NWRMS) and a National Water Services Strategy, for July 2003 to June 2006 to operationalised the policy, and has reviewed the Water Act to ensure harmony with the water policy. In 2002 the National Water Act was promulgated and received Presidential assent on the 18^th of March 2003 and the implementation began in July 2003.

 

He emphasized that the new Act engages all in water management. He talked of the economic sustainability of water services. He demonstrated this using an analogy of an NGO that gives one packet of unga per day to the community. He posed the question whether this was a sustainable way of food security and the participants’ answer was NO. Free water is not possible for the whole country. Martha the then minister for water posed the question on how possible it was to provide free water for all even in North Eastern where water is a major problem. Communities should mange water resources while the government worked on policies and the donors just funds.

 

Water can alleviate poverty through rainwater harvesting. However, research in Africa shows that only 6% of rainwater is utilized. He urged participants to use the local available Rainwater harvesting technologies e.g. ground storage of rainwater.

                                           

Sheillah Karimi took the participants through the new institutional framework for managing water resources in Kenya. How many people know there is a new water Act? Only two or three raised up their hands. With the promulgation of the new water Act government transferred the responsibility of managing water resources to the people and the government is to provide policies. The Act is based on the principles of Equity, Economic sustainability, and Ecological sustainability and stakeholder participation.

 

The water reforms in Kenya are underpinned by the principles of equity, efficiency, ecological sustainability and stakeholder participation. In this Act all the water is owned by the state and exploitation of any water resources requires authority through issuance of water permit granted by the WRMA.

 

Equity: She started by stating that water is a basic human need and every human is entitled to a minimum essential amount of water that is safe and sufficient for personal and domestic uses to prevent diseases. This principle also provides equality of an opportunity for people to enjoy access to existing water supplies and sanitation without discrimination Equity demands that poorer household s should not be disproportionately burdened with water expenses as compared to richer households. This means supplying the poor with water through water subsidies, and ensuring access to a minimum essential amount of water that is sufficient and safe for personal and domestic uses to prevent diseases.  E.g. sufficient number of water points to avoid waiting long or walking long distances from the household.

 

Environmental sustainability Protection of the quality of water resources from the catchments. Avoid deforestation has this will lead to drying up of rivers hence no water. Encourage practices that promote water quality. This is mostly under the CAACs.

 

Stakeholder participation:  consulting stakeholders at all levels and involving them in water management issues. Thus right to seek, receive and impart information concerning water issues. Participation of communities in decision-making processes that affect their exercise of right to water provision of full and equal access to information, services and environment held by public authorities, it also encompasses good governance of transparency and accountability. When revising the national water services strategy, communities should be involved giving particular interest to the urban poor.

 

Efficiency: She started by posing the question to the participants on how many people believe that water should be for free? Majority of the participants believed water should be provided for free since it is God given while few individuals argued that there is nothing for free but water prices should be fair and affordable to all. She then went on to say that  water has an  economic value  i.e. water should be used efficiently no wastage since I its a scarce resource. Thus water will be charged to ensure cost recovery for sustainable service provision, but it should be prices that are affordable and reasonable. E.g. water for domestic water should be charged cheaper that water for watering lawns and washing cars. In my argument, the most obvious implication of this principle is that water that is processed and delivered to consumers should be charged for, with prices or tariffs being set to inform the consumers of the real economic opportunity costs of using water. However, water pricing should be a means of ensuring financial sustainability through cost recovery. Moreover, in water pricing, adequate attention should be given to equity considerations through actual tariff structures being designed with internal cross subsidies, which provides full cost recovery while safeguarding ecological integrity and access to affordable sufficient safe water for the poor.

 

Only if the financial costs are recovered can an activity remain sustainable. A good illustration of this premise is the ‘free water dilemma’.

 

The above diagram is a true picture of the practice in urban areas of Kenya whereby the urban poor pay more for water through the informal private sector while the rich enjoy free water. If water is for free, then the water provider does not receive sufficient payment for its services. Consequently, the provider is not able to maintain the system adequately and hence th4e quality of the service deteriorates and eventually the whole system collapses, poor people are most affected coz they will have to drink unsafe water or pay excessive amount to water vendors, while wealthy and influential people receive piped water in their houses at subsidized rates.

 

Hence water pricing is an important instrument to break the vicious cycle of the “free water dilemma”. But how should the prices be determined? And what is the impact on the urban poor? To answer this question, it’s necessary to look at different tariffs and subsidies. She requested that the Nairobi Water and Sewerage Company educates the people on the tariff system that they use so that consumers could understand their bills and read them well. 

 

The participants understood the illustration very well and once again she posed the question on free water and this time round everyone was in agreement that we should all pay for treated and processed water but the prices should be fair and affordable.

 

Sheillah urged the participants to approach the Nairobi Water Company for a license as water agents in the slums as this would solve the problem of high water prices.

 

She further touched on the new institutions that have been formed as a result of the water reforms. She presented an organogram of the decentralized institutions.

 

Sheillah stated that with the new water reforms, the government had delegated the management of water to the communities while its role remained on policy level. The role of the Water Services Regulatory Board is to:

 

·          Setting guidelines for tariffs. Appropriate pricing guidelines such as certain amount for free or low cost water based on equity

·           License Water Service Providers

·          To influence water service providers to respect the right to water of individuals and communities

·          Water providers shouldn’t compromise equal, affordable &physical access to sufficient, safe &acceptable water.

·          Lobby for an effective regulatory system to prevent such abuses

·          Setting guideline for tariffs appropriate pricing guidelines such as free or cost water based on equity (affordable to all)

 

She cited Athi water Services board and Nairobi Water company as the institutions formed as water service boards and water service providers respectively. Athi water is responsible for likening Nairobi Water Company as the service provider. She did not go to the details of this since the representatives from the two institutions were present and were better placed to educate the community.

 

What is the implication of this to communities in accessing water and sanitation services?

·         A    re certain groups like the slum dwellers, women and children disadvantaged when it comes to accessing water e.g. women in the slum areas walking long distances and waiting for long?

·          Do people have a voice when decisions are made that affect their access to water?

·          Do people have access to relevant information on water that can enable them participate effectively in political decision-making or claim their rights?

 

Plenary Session

·          One of the community members said that since independence government has not involved the communities in water issues and it was pleasant that they recognized their failures.

·        The Ushirika wa Laini Saba group which acts as a water provider in the area wanted Athi WSB to clarify the issue on the registration that they did last year.

·         The participants also wanted to be assisted in Rain Water Harvesting technologies that can enable them harness water for domestic and personal use.

·          They asked the Nairobi Water Company to regulate prices of water.

·          Provision of good quality pipes

·          Community organizing to provide water at affordable prices to beat up the water cartels.

·          NGOs and donors to assist the communities in fulfilling right to water

 

Mr. Mwaniki: he was representing the Athi Water Services Board. He started by giving a recap on the reasons behind the reform process. He talked of the management and service delivery Boards that have been formed. The ministry of water will finance water service delivery through the Water Services Trust Fund. Currently the trust is focusing on informal settlements and rural areas but it has not been able to fully fund due to lack of funds.

 

Athi water board is one of the 7 water boards formed in the new water management. The rest are: 

1.             Coast

2.             Tana

3.             Northern

4.             Rift Valley

5.             L.Victoria South

6.             L.Victoria North

 

Athi is serving Nairobi and the surrounding districts like Kiambu, Kajiado, Thika, Machakos and Makueni It has been mandated to manage water resources on behalf of the government. The Nairobi Water Company has been appointed as the official water service provider to serve the Nairobi population. However, it is not capable or does not have the ability to penetrate deep in the informal settlements therefore they use Small scale Water Providers. Mwaniki insisted that it is better for a group rather than individuals to apply for the licence because it was easier and to obtain the licence form the Nairobi water company. Athi water Board partners with CBOs to assist them in providing water and sanitation services. He gave the example of Kambi Moto that has been assisted in purchasing water tanks for their ablution block.

 

On the question addressed to him regarding the registration of water service providers, Mwaniki said that it is important for record keeping for legal purposes. Those providing the service and not registered may be forced to close their business.

 

Concerning the roads, all government sectors to work together in providing physical infrastructure so as to provide water to the informal settlements. The board is considering pro-poor tariffs to cater for the poor in both rural and urban areas. He told the community that they should participate in water quality management e.g. reporting on leakages and illegal connections. He urged communities to make follow-ups of the meetings.

 

After Mwaniki’s presentation, the community asked questions to the Nairobi water company;

 

·          How is the World Bank (WSP) and the WSB related or are they conflicting and if they are, how can they be harmonized for efficient service delivery?

·          Who should provide the infrastructure; water pipes and roads?

·          Security of tenure to be addressed

·          Security committed within the small-scale water providers to check on leakages and vandalism.

 

Mr. Juma from Nairobi Water Company: He recognized that they have worked with the Kibera community in sewerage unblockages. He said that the company handles all water and it does not belong to the World Bank as perceived by the community. He said that there was a lot of wqater vandalism in Gatwekera and it happens even at night. The World Bank just assisted in putting the infrastructure. However, he confirmed that the company is supplying water in some parts of Kibera like Mashimoni. He appreciated the communities’ participation and collaboration in this project whereby they demolished their structures. The informed the participants of the procedures and requirements for water application. The most important of all is plot numbers and group registration certificate.

 

He encouraged CBOs to be agents in water provision because of tariffs and follow-ups. An individual is difficult due to competition e.g. closing of meters for each other. There will be meter censors to identify legal and illegal connections. For the past three months tha water has been well supplied thus people should manage the water efficiently.

 

Mr. Elijah from Hakijamii: Elijah had few questions for both the company and the water board.

·          What programmes do the board have on right to water

·          Does the company have the intention of supplying the lifeline water of at least 20 litres per day?

·           He talked of the business opportunity for the company if water points were put in the villages.

 

On responding to the roles of the different actors, Muraguri said that government was responsible for policies regarding to water resources management, water board manages water resources on behalf of the government and their role is to contract