Water Act, 2016 (No. 43 of 2016).

Subject

Environment gen., Water

Keyword

Ecosystem preservation Environmental planning Environmental standards Sustainable development Policy/planning Standards Protection of environment Framework law Basic legislation Freshwater resources management Waterworks Water supply Sewerage Water charges Institution Water quality standards Authorization/permit Irrigation Drainage/land reclamation Community management Water conservation zone Water rights Basin/catchment/watershed Inspection Groundwater Surface water Special fund Water shortage/drought Pollution control Freshwater pollution Effluent waste water/discharge Classification/declassification Dispute settlement Sustainable use Monitoring Right to water Human rights Inland waters

Geographical area

Africa, Eastern Africa

Entry into force notes

This Act shall come into operation on such a date as the Cabinet Secretary responsible for matters relating to water may, by notice in the Gazette. appoint, and different dates may be appointed for the coming into operation of different provisions.

Abstract

This Act provides for the regulation, management and development of water resources and water and sewerage services in line with the Constitution. Authorities shall, in administering or applying this Act, be guided by the principles and values set out in Articles 10,43. 60 and 232 of the Constitution. it establishes the Water Resources Authority ("Authority"), the National Water Harvesting and Storage Authority, the Water Services Regulatory Board, the Water Sector Trust Fund and the Water Tribunal. This Act shall apply to Community land but any powers and functions conferred or imposed under this Act affecting land shall, in respect of community land, be exercised and performed subject to any written law relating to that land. The provisions of the Environmental Management and Coordination Act, 1999 relating to water resources conservation and protection and water pollution control shall be exercised subject to the relevant provision of this Act and only in the event that the Board has failed or neglected to take appropriate action to exercise its powers and functions under this Act.

Full text

English

Website

www.kenyalaw.org

References - Legislation

Amends

County Governments Act, 2012 (No. 17 of 2012).

Legislation | Kenya | 2012

Keyword: Agricultural development, Policy/planning, Institution, Access-to-information, Governance, Cultural heritage, Land-use planning

Source: FAO, FAOLEX

Repeals

Water Act, 2002 (Cap. 372).

Legislation | Kenya | 2002 (2003)

Keyword: Framework law, Basic legislation, Freshwater resources management, Waterworks, Water supply, Policy/planning, Water charges, Institution, Authorization/permit, Irrigation, Drainage/land reclamation, Water conservation zone, Water rights, Basin/catchment/watershed, Inspection, Groundwater, Special fund, Water shortage/drought, Pollution control, Freshwater pollution, Inland waters

Source: FAO, FAOLEX

National Water Conservation and Pipeline Corporation Order, 1988 (Cap. 446).

Legislation | Kenya | 1988 (2012)

Keyword: Institution, Waterworks, Water supply, Special fund, Water charges, Policy/planning

Source: FAO, FAOLEX

Implemented by

The Kajulu Hills Catchment Protection Area Order, Legal Notice no. 223 of 2022.

Legislation | Kenya | 2022

Keyword: Soil conservation/soil improvement, Governance, Inland waters, Offences/penalties, Protected area, River basin institution, Surface water, Water conservation zone, Freshwater resources management, Water users' associations, Basin/catchment/watershed

Source: FAO, FAOLEX

The Manguo Swamp Groundwater Area Order, Legal Notice no. 221 of 2022.

Legislation | Kenya | 2022

Keyword: Soil conservation/soil improvement, Governance, Inland waters, Offences/penalties, Protected area, River basin institution, Water conservation zone, Freshwater resources management, Water users' associations, Basin/catchment/watershed, Groundwater, Wetlands

Source: FAO, FAOLEX

The Kabeere Springs Catchment Protection Area Order, Legal Notice no. 222 of 2022.

Legislation | Kenya | 2022

Keyword: Soil conservation/soil improvement, Governance, Inland waters, Offences/penalties, Protected area, River basin institution, Surface water, Water conservation zone, Freshwater resources management, Water users' associations, Basin/catchment/watershed

Source: FAO, FAOLEX

The Marura (Ewaso Narok) Swamp Catchment Protection Area Order, Legal Notice no. 220 of 2022.

Legislation | Kenya | 2022

Keyword: Soil conservation/soil improvement, Governance, Inland waters, Offences/penalties, Protected area, River basin institution, Water conservation zone, Freshwater resources management, Water users' associations, Basin/catchment/watershed, Wetlands

Source: FAO, FAOLEX

Compliance and Enforcement Strategy.

Legislation | Kenya

Keyword: Institution, Capacity building, Liability/compensation, Enforcement/compliance, Monitoring, Offences/penalties, Standards, Sustainable use, Water quality standards, Freshwater resources management, Water supply, Authorization/permit

Source: FAO, FAOLEX

Drinking Water Quality and Effluent Monitoring Guideline.

Legislation | Kenya

Keyword: Authorization/permit, Effluent waste water/discharge, Monitoring, Potable water, Data collection/reporting, Sewerage, Water quality standards, Freshwater resources management, Water supply, Waterworks, Pollution control, Freshwater pollution

Source: FAO, FAOLEX

Water Services Regulations - Legal Notice no. 168/2021.

Legislation | Kenya | 2021

Keyword: Authorization/permit, Liability/compensation, Enforcement/compliance, Consumer protection, Court/tribunal, Effluent waste water/discharge, EIA, Royalties/fees, Industrial water use, Inspection, Institution, Legal proceedings/administrative proceedings, Monitoring, Offences/penalties, Potable water, Sewerage, Water abstraction, Water charges, Water quality standards, Freshwater resources management, Water rights, Water supply, Water users' associations, Waterworks, Well sinking/boreholes, Pollution control, Freshwater pollution, Right to water, Human rights

Source: FAO, FAOLEX

Water Harvesting and Storage Regulations - Legal Notice no. 169/2021.

Legislation | Kenya | 2021

Keyword: Authorization/permit, Climate change, Liability/compensation, Contract/agreement, Data collection/reporting, Hazards, Drainage/land reclamation, EIA, Environmental planning, Flood, Institution, Irrigation, Legal proceedings/administrative proceedings, Local government, Monitoring, Offences/penalties, Rainwater, Resource/damage valuation, Right to water, Surface water, Water charges, Freshwater resources management, Water supply, Water users' associations, Waterworks, Well sinking/boreholes, Human rights, Policy/planning

Source: FAO, FAOLEX

Water Resources Regulations 2021 - Legal Notice no. 170/2021.

Legislation | Kenya | 2021

Keyword: Basin/catchment/watershed, Waste disposal, Inland waters, Territorial sea, Authorization/permit, Certification, Liability/compensation, Cooperative/producer organization, Data collection/reporting, Drainage/land reclamation, Ecosystem preservation, Effluent waste water/discharge, EIA, Flood, Freshwater pollution, Gender, Hazardous substances, Hydropower generation, Industrial water use, Inspection, Irrigation, Monitoring, Offences/penalties, River basin institution, Sewerage, Surface water, Waste non-domestic sources, Water abstraction, Water charges, Water conservation zone, Water desalination, Water quality standards, Freshwater resources management, Water rights, Water shortage/drought, Water supply, Water users' associations, Waterworks, Well sinking/boreholes, Wetlands, Court/tribunal, Hazards, Pollution control

Source: FAO, FAOLEX

Legal Notice no. 102 of 2023. Designation of National Public Water Works.

Legislation | Kenya | 2023

Keyword: Governance, Sewerage, Water supply, Waterworks

Source: FAO, FAOLEX

The Ngarelen Springs Catchment Conservation Area (Amendment) Order, Legal Notice no. 29 of 2022.

Legislation | Kenya | 2022

Keyword: Freshwater resources management, Offences/penalties, Protected area, Basin/catchment/watershed, Inland waters

Source: FAO, FAOLEX

The Lake Kenyatta Sub Catchment Conservation Area (Amendment) Order, Legal Notice no. 30 of 2022.

Legislation | Kenya | 2022

Keyword: Freshwater resources management, Basin/catchment/watershed, Protected area, Offences/penalties, Inland waters

Source: FAO, FAOLEX

The Kikuyu Springs Aquifer Groundwater Conservation Area Management(Amendment) Order. Legal Notice no. 27 of 2022.

Legislation | Kenya | 2022

Keyword: Groundwater, Offences/penalties, Protected area, Freshwater resources management

Source: FAO, FAOLEX

The Amu Sand-dunes Groundwater Conservation Area (Amendment) Order, 2022. Legal Notice no. 28 of 2022.

Legislation | Kenya | 2022

Keyword: Freshwater resources management, Offences/penalties, Groundwater, Protected area

Source: FAO, FAOLEX

The Dik Dik Gardens Wetland Conservation Area (Amendment) Order. Legal Notice no. 26 of 2022.

Legislation | Kenya | 2022

Keyword: Wetlands, Offences/penalties, Protected area, Freshwater resources management

Source: FAO, FAOLEX

Amended by

Statute Law (Miscellaneous Amendments) (No. 11 of 2017).

Legislation | Kenya | 2017

Keyword: Water desalination, Water abstraction, Water supply, Authorization/permit

Source: FAO, FAOLEX