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					KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya

1   Kenya and Water
Water is a crucial natural and limited resource in Kenya and transboundary waters are important
as Kenya shares most of its surface and some of its ground water resources with neighbouring
countries.




The reliance of Kenya’s population on water for wealth creation is best shown in terms of the
distribution of its population. Where this valuable resource; water is found, so too is the Kenyan
population. Water is key to wealth creation and productivity. Equitable access to this resource is
paramount in addressing poverty.

Water Resources                             Population Distribution




The population of Kenya lives close to and relies upon the main “Water Towers” providing water
security for livelihoods.

1.1 Conflicts and Climate Change
Conflicts arise when a limited finite resource is to be shared. Without systems of regulation to
ensure equitable distribution amongst the strong and the weak, the weak have limited options
which include taking what they believe to be theirs.


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KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya
Climate change describes increased climatic variations of droughts and floods occurring, in
addition to already natural climate variation. It is difficult to estimate/quantify what can be
ascribed to climate change or to ‘natural’ climate variability, but increasing variation means
increasing insecurity and pressure upon the fragile systems in times of shortage.

Pastoralists live in the driest arid areas and increasingly conflicts among pastoralists and
between pastoralists and other communities, have contributed to significant loss of property
and increased levels of poverty, insecurity and vulnerability

Historical raids and fights among pastoralists spared human life especially children, women, boys
and girls, however increasingly the violence and human killings have spared no one. The pastoral
problems can be best understood to have encompassed:
      The drive to control resources. Periodic and the increasing severity of droughts, forcing people to compete
       for decreasing amounts of food and water;
      Increased abstraction and declining access to downstream/river users with pastoralists moving up stream
       in search of water into settled often fenced areas
      To meet basic needs within an increasing population; (Kenya’s population has doubled since the mid 80’s)
      Cultural identity
      Migrants from the highlands settle as crop farmers in areas (often on the best land) previously used for
       grazing, erect force that block the pastoralists’ mitigation ranks and grazing fields. This results in conflict
       with previous users.
      Civic war and cross border conflicts have also increased instability and insecurity, compounded by small
       arms proliferation, i.e. availability of automatic weaponry from macro-level conflict in the region such as
       the Sudan, Somalia, etc. leading to increased banditry and making commercial raids of livestock more
       viable.
      The lack of regulation, compounded by high levels of corruption, impacting upon the rights of access and
       the state’s systems for the allocation of water

The recent political violence and increasing levels of corruption provides a fertile environment
allowing for old scores to be settled, undermining efforts to establish equitable systems of water
allocation.

1.2 Basic rights to water and the reserve
Protecting basic rights for access applies not only to the poor and most marginalised but also to
the water resource needs to sustain the wildlife and aquatic species. This “RESERVE” in Kenya
means that quantity and quality of water required to:

      satisfy basic human needs (25 liters per capita per day for all people)
      protect aquatic ecosystems in order to secure ecologically sustainable development and use of the water
       resource (Q80, on average the low flow is maintained 80% of the time)




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   KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya


   1.3 Storage
   The water resource is under most stress in the dry period and therefore to ensure that water is
   left in the river to maintain the reserve during this period, water must be stored when the rivers
   are in full flow during the rains. This requires investment and regulation and enforcement of the
   rules.

Kenya is one of the most water scarce countries.            Per Capita Water Availability
Kenya’s ranked 26th out of the most water scare
countries of the world. (UNESCO water
statistics). Kenya had some 1500 m3/person per
year in renewable fresh water, in the early
1970s.

This figure has now reduced to approximately
600 m3/person per year in 2007. By 2010, it is
projected that Kenya will have a renewable
freshwater supply of just over 500 m3 per capita
per annum.

By way of comparison, Kenya’s neighbours,
Uganda and Tanzania have annual per capita
renewable water supplies of 2,940 and 2,696 Per Capita Storage for Domestic Water Supply
cubic metres per capita respectively.
                                                                                                       Storage for Domestic Water Supply in Kenya (1969-1999)
                                                                                                  14

The rising population and historical low
investment in water resources, water storage                                                      12


and water services results in the need for a
                                                              Storage volume per capita (cu. m)




                                                                                                  10
considerable infusion of investment. Storage for
Domestic Water Supply can likewise be seen to be                                                  8

dramatically falling in the absence of necessary
                                                                                                  6
planning and investment.
                                                                                                  4

Whilst the records are very poor it is universally
                                                                                                  2
acknowledged that the situation regarding
groundwater and water quality is also similarly                                                   0
                                                                                                        1969           1979            1989           1999
dire. As the following might indicate:


       The ground water table in parts of Nairobi has been falling in recent years by an average of 3 meters per
        annum, due to illegal over abstraction.

       The water quality of Nairobi River now runs black with both biological and chemical pollutants (including heavy
        metals) being many times greater than the minimum concentration acceptable (WHO standards) , due to the
        wanton pollution by city councils and commercial industries.

       Several rivers such as the Ewaso Ngiro simply cease to flow hundreds of kilometres short of where they used to
        provide a life-line to pastoralists and wildlife in extensive natural wetlands areas.



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     KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya
     2     The need for Water Sector Reforms
     The dire situation regarding water resources is a direct consequence of poor management,
     corruption and a lack of political resolve to address the crisis.

     The new Government 2003 recognised the key problems indicated below and the need to
     reform and start the long process of addressing decades of neglect. The key management
     problems being:
          Weak regulatory environment for abstraction
            o with unsustainable water and land use policies, laws and institutions,
            o corruption in relation to weak permitting and water allocation practices and
               compliance
            o over exploitation and illegal abstraction of water resulting in the drying and/or high
               pollution of water bodies
          Environmental degradation
            o increasing degradation of rivers, lakes, wetlands, and aquifers and their catchments,
               and severe environmental degradation. This applies particularly in regard to the
               major water towers that sustain Kenya’s rivers during the dry season.
          Collapse of the Water Resources Information Systems
            o almost total collapse of the systems to measure the quality and quantity of water
               resources (without historical and present day accurate measurement of the resources
               both at national and local level, systems for allocation and management cannot be
               applied)
          Lack of investment and/or political will to address WRM issues
            o Very low levels of investment in water resources management including storage,
               improved water use efficiency, data management, irrigation etc.
          Confusion of roles and conflicts of interest
            o A Ministry of Water doing everything from water service provision, provision of
               permits for water abstraction, regulation and quality assurance in groundwater
               development

     Kenya’s intention to reform in light of the problems faced and the lessons learnt underwrote
     Danida’s willingness to support Kenya in the reform of the water sector.

     Water Act 2002
     The new Water Act 2002 underwrites the reform of the sector impacting directly on Water
     Resources Management. In all 13 new parastatals have been established and 2 parastatals
     continue with clearly defined and segregated roles and responsibilities, as summarised below:

                 Institution               Roles and responsibilities
Ministry of Water and Irrigation              Development of legislation, policy formulation, sector coordination and guidance,
(MWI)                                          and monitoring and evaluation.
1.       Water Resources Management           Catchment and Sub Catchment Planning, management, protection and conservation
         Authority (WRMA)                      of water resources.
                                              Planning, allocation, apportionment, assessment and monitoring of water resources.
                                              Issuance of water permits. Water rights and enforcement of permit conditions.
                                               Regulation of conservation and abstraction structures.
                                              Support and facilitation of Water Resource Users Association (WRUAs), and
                                               engagement of civil society/state and non state in the management of sub
                                               catchments (Financing through WSTF).
2.       Water Services Regulatory Board      Regulation and monitoring of Water Services Boards.
         (WSRB)                               Issuance of licenses to Water Services Boards.
                                              Setting standards for provision of water services.

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      KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya
                                                     Developing guidelines for water tariffs.
3-        Water Services Boards (WSBs)               Responsible for efficient and economical provision of water services.
10.       Regional Institutions - 8 in all)          Developing water facilities.
                                                     Applying regulations on water services and tariffs.
                                                     Procuring and leasing water and sewerage facilities.
                                                     Contracting Water Service Providers (WSPs).
11.       Water Services Trust Fund (WSTF)           Financing provision of water and sanitation to disadvantaged groups. Financing
                                                      including Water Resources Management investment in WRUAs
12.       The Water Appeals Board (WAB)              Arbitration of water related disputes and conflicts.
13.       National Water Conservation and            Development of large dams, dam management and ownership and the bulk
          Pipeline Corporation (NWCPC)                provision of water (also multipurpose)
14.       Kenya Water Institute (KEWI)               Training and Research
15.       National Irrigation Board (NIB)            Development of Irrigation Infrastructure


      3     WRM Sector Reform since 2005 and Danida’s contribution
      The changes taking place in the Water Sector are as a direct result of Danida’s support to the
      Reform Process. The support includes the establishment and operationalisation of the Water
      Resources Management Authority. The reforms in WRM can best be appreciated in relation to
      the diagrammatic representation of the conceptual framework within which sector reforms are
      taking place in Kenya as shown below:

                                                                                                                NWRMS = National
                                                                                                                Water Resources
                                                                                                                Management Strategy

                                                                                                                CoP = Codes of
                                                                                                                Practice, such as
                                                                                                                drilling codes, dam
                                                                                                                safety standards etc

                                                                                                                CMS = Catchment
                                                                                                                Management
                                                                                                                Strategies

                                                                                                                SCMP = Sub
                                                                                                                catchment
                                                                                                                management plans

                                                                                                                WDC = Water
                                                                                                                Resources User
                                                                                                                Association (WRUA)
                                                                                                                Development Cycle

                                                                                                                MDGs = Millenium
                                                                                                                Development Goals



      The conceptual framework above is discussed in the following chapters. Linked by:
          1 Institutional Framework                National Water Resources Strategy           WRM Rules           Catchment

      Management Strategies                   Sub Catchment Management Plans            Data Monitoring and analysis




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KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya

  1     Establishment WRM Institutional Framework and the Water Resources Management
Authority (WRMA)

In 2005 the WRMA began its operations (together with 13 other new water sector institutions).
Given the mandate and responsibilities of the WRMA a National-Regional and Sub Regional
Structure was developed, together with offices, staffing structures, job descriptions , financial
management and operational systems. The new structure of the WRMA is described spatially in
the map below:

 1 National Office (Nairobi)
 6 Catchment Offices
   - LVN Catchment (Kakamega) (3)
   - LVS Catchment (Kisumu)(3)
   - Rift Valley Catchment (Nakuru)(5)
   - Tana Catchment (Embu)(4)
   - Ewaso Ng’iro (Nanyuki)(5)
   - Athi Catchment (Machakos)(5)

 The name in the brackets is the town/location of
 the Regional Office. The number in brackets the
 number of sub regional offices established. The
 WRMA was designed as an institution based
 on the 6 main catchments, having a staffing
 level of approximately 400 staff.

 Other elements critical in the establishment
 of an effective and efficient institution:

 The establishment of the financial
 management systems (Navision) for the entire
 institution and all its offices. This supports
 transparency in the collection of revenues for
 raw water abstraction.
                                                                                    60,000,000
                                                                                                 WRMA REVENUE COLLECTION SINCE
 The figure to the right provides an indication of the                                                  ESTABLISHMENT
                                                                                    50,000,000
 truly remarkable efforts of the WRMA to raise
 revenues to sustain its operations. Prior to the
                                                           REVENUE COLLECTED KSHS




                                                                                    40,000,000

 reforms it should be noted that there is no
 information regarding the amounts collected for                                    30,000,000

 the issuance of permits, indicating much greater
 transparency and accountability. Development of a                                  20,000,000


 comprehensive structure under which work
                                                                                    10,000,000
 planning and budgeting are undertaken has been
 supported through the focus on the overall                                                 -

 “Golden Indicators” and the system of
 Performance Contracting employed by the
 Government of Kenya.                                    Light columns represent estimates


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KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya
Despite the very impressive revenue collection figures it should be noted that an institution with
some 400 staff to fulfil its operational mandate requires approximately Euro 100 million to pay
its salaries, (Euro 50 million approx) fulfil its operational mandate and maintain and replace its
equipment (Euro 50 million approx). The collection rate of Euro 20 million as demonstrated at
present falls far below this target.



           Support to the National Water Resources Management Strategy (NWRMS), the
       related roles of different institutions and means of funding WRM interventions

National Water Resources Management Strategy (NWRMS) – Gazetted
Support to the development of the National Water Resources Management Strategy (NWRMS)
and clarification on the part to be played by various institutions is an important aspect of any
reform process. Despite a clear overview provided for in the Water Act various questions still
remained regarding the roles, in regard to specific aspects of WRM, such as:
       Who is responsible for the development of storage?
       Who is responsible for the ownership and management of large storage structures?
       What are the means of financing water resources management development activities?

The WRMA is principally a regulator. It’s role therefore is to determine and monitor the water
resources and provide (through permits) access to the resource. Further WRMA is responsible to
regulate how much water is abstracted (through raw water abstraction monitoring and water
charges) and who is allowed to discharge waste water (through effluent discharge permits) into
the water body (rivers/lakes/groundwater). At the onset of the water sector reforms questions
such as those indicated above were not clear and much discussion was required to determine
answers and establish systems to enable the WRMA to maintain and focus on its key functions
and responsibilities. The NWRMS assisted the Water Sector to establish clarity regarding the
detailed division of responsibilities.

Water storage policy and WRM Financing System (WDC).
Amongst other support Danida, facilitated the WRMA in the preparation of a “STORAGE POLICY
PAPER” further defining the roles of institutions in relation to this key requirement for Kenya
upon which wealth creation and poverty reduction depend - (STORAGE).

Further a system for financing WRM
                                                     Financing of ”scaled up” activities through WSTF
through the use of the Water Services
Trust Fund (WSTF) was developed to                                                                           WSTF
facilitate money being provided
directly to the accounts of WRUAs for                   WRMA                     WRUA
the implementation of their Sub
Catchment Development Plans.
                                                                                          Support NGO or Consultant

The figure to the left provides and
                                                                                           Contractor
indication of the funding mechanism,
                                                                                             Material
respecting the regulatory role of the                                                        Supplier
WRMA.
                                                    Funding Proposal Submssion          Regulatory role               Money flow




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KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya


           The development of Water Resources Management Regulatory Tools

The Water Resource Management Rules - Gazetted

The development of the
WRM        rules   was       a




                                                  ALLCOATED YIELD CMS
substantial piece of work
providing the secondary                                                                                                       All other uses of water
                                                                                                                              resources are authorised
legislation     in   guiding                                                                                                  according to the criteria


                                  NATURAL YEILD
equitable access of water of                                                                                                  of equitable allocations
quality and quantity to all.
                                                                                                                              International obligations
The      process     further                                                                                                  and inter-basin transfers
                                                  NWRMS
required       fundamental                                                                                                    Basic Human Needs
understanding of concepts                                                                                                                                      RESERVE
                                                                                                                              Ecological Need
such as the RESERVE.



                                                                        The permit application process
Further the roles and responsibilities of                                     PROPOSED PERMIT APPLICATION PROCESS (WA2002)
relevant stakeholders in the determination
                                                                                                                                              WRMA-RO/SO
of permits needed to be defined.                                                                             Applicant
                                                                                                                                                 advice
                                                                                   CAAC

The provision of a permit and the rules
determining the transparent determination                                             WR assessment
                                                                                      Allocation plan
                                                                                                                          WRUA
of its issuance is a central aspect of                                               Permit guidelines

equitable fair access and treatment of its                                                                                                            ISSUE
                                                                                                                                                  REGISTRATION
citizens
                                                                                                                                                Case A
                                                                                                              WRMA-RO
From the pre- reform past there was                                                Rejected                                        Accepted
inadequate water resources management
                                                                                                         Referred
in the country where enforcement of the
rules and regulations and compliance was                                                                            Cases C & D
weak and many illegal abstractions can now                                                                                                             Case B
                                                                                                          CAAC
be found.
                                                                                                                             Accepted
At the commencement of the WRMA                                                   Rejected
                                                                                                                                         ISSUE PERMIT
     Over 90% of all boreholes where                                                                 WRMA-RO
        not having permits
     Over 50% of the surface water                                                                                 Case D

        abstraction were not complying                                                                                                                    Database
        with the permit requirements.                                                                    WRMA-HQ


To move from this situation to a situation                               WRMA-RO: Regional Office                      Case A: <100 m3/day
                                                                         WRMA-HQ: Nairobi Office                       Case B: >100 m3/day, no problem catchment
where 90% of abstraction is permitted and                                CAAC: Catchment Area Advisory Committee       Case C: > 100 m3/day, problem catchment
                                                                         WRUA: Water Resource User Association         Case D: Inter basin transfer
falls within the law is a HUGE undertaking.                              SO: Service Organisation




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      KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya
      Codes of Practice (CoP)
      Support by Danida has further included the development of Codes of Practice (CoPs) in relation to
      Groundwater and Surface Water development including:

      Groundwater
                      Codes of Practice for Borehole siting
                      Codes of Practice for Borehole drilling
                      Codes of Practice for Drilling supervision
                      Codes of Practice for Test pumping
                      Codes of Practice for Test pumping interpretation
                      Guidelines on Artificial Groundwater recharge

      Surface Water
                  Codes of Practice for the construction and safety of dams and pans.
                  codes of practice for the construction and safety inspection of dams

      It should be remembered that prior to the reform process such documents (Codes of Practice)
      did not exist, nor were there appropriate impartial institutions to enforce their content. Before
      the reforms the same institution with the funds to construct a dam (for example) was the same
      institution to ensure compliance to the building regulations and the same institution to report on
      the use of the funds.



               Catchment Management Strategies and Sub Catchment IWRM Planning
      The Water Act 2002 required Catchment Management Strategies to be developed for the 6 main
      catchments of Kenya.

Given the lack of management
systems and almost total                                                              Vision of CMS:
previous neglect of Surface                                      Availability of adequate and quality water to all dependants
Water, Ground Water, Water
Quality and Regulatory issues in            5                     6                    7                    8                                 9                            10                       11                  12              13
WRM, the national level and             Water                 Water              Water                 Land                       People                               Water                  People                   Moni
                                                                                                                                                                                                                      toring         People
catchments required support in
conceptualising the means by
                                                                                                                                       Institutional development
                                        / Demand management




                                                                                                                                                                                              Rights based approach
                                                                                                       Catchment protection




                                                                                                                                                                       Water infrastructure
                                                                                 Resource protection




which a catchment is managed
                                                                                                                                                                                               / poverty reduction
                                                              / Use management




                                                                                                                                                                                                                                     implementation
                                                              Water allocation
                                            Water balance




                                                                                                                                                                                                                      Monitoring &




in an integrated way involving all
                                                                                                                                                                          development




                                                                                                                                                                                                                                      Financing &
                                                                                                                                                                                                                      information
                                                                                     / Reserve




state and non state actors.

A national system was required
for each of elements of WRM to
facilitate uniform methods of
addressing issues, as shown
diagrammatically to the right.                                     C                   N                                      W   CO                                  BH I                                           MR             BIP       
The principals and means to               2 Rationale & concept / vision
address each of the issues                3 Basin characterisation
identified      was       further         4 Management units & classification
elaborated in the Catchment                                 Water resource - surface water
Management       Strategies    to                            Water resource - groundwater
which a wide cross section of
stakeholders contributed

                                                                                                                                                                                                                                                      9
KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya

Surface Water (SW)
The 6 main catchments were sub divided into
Management Units, the SW gauging stations
reflecting the out flows of the MUs. An
example of one such main catchment (Lake
Victoria North) and its gauging stations is
provided to the right.

The Management Units divide the SW gauging
stations across the country into National
Stations, MU Stations, Intra-MU Stations and
Special Stations. Each station having a known
function and purpose. (previously Kenya has
over 600 stations on its books however there
was no rhyme or reason for the existence of
many of the stations.
The gauging stations were not only rehabilitated in relation to their importance and priority but particular
experience and skills were provided through technical assistance from the ORGUT/Danish Hyrdaulics
Institute in term of the re-siting of some stations and capacity building concerning rating curve
development and other hydrological aspects.

Ground Water (GW)
Hydrogeological mapping                                                   SW Monitoring Stations in Athi
                                                                          Region
                                                                           -1                3DA02
                                                                                          New New
                                                                                          3BD05
                                                                                        3BB12
                                                                                      3BA10 3BA32
                                                                                         New
                                                                                     3BA29
                                                                                  3AA04
                                                                                        3AA06           3DB01
                                                                                                New
                                                                          -1.5

                                                                                                              3ED01
                                                                                                               3F02


                                                                           -2
                                                                                           New               3F11    3F09

                                                                                                                      3F06

                                                                          -2.5



                                                                                                       3G06                  3G02
                                                                                                                     3G03
                                                                           -3                                                                        3HA13

                                                                                                           3J12
                                                                                                         3J15C                 3LA05

                                                                          -3.5                                3J02




                                                                           -4
                                                                                                                                            3MH26



                                                                          -4.5


                                                                                 36.5     37          37.5           38       38.5     39     39.5           40




                                                                          Monitoring sites based on clearly
                                                                          defined criteria


The development of the first hydrogeological maps of Kenya, together with an assessment of the
potential of the acquifers, which together with the permit and abstraction database enable us to know
those ground water areas that are under stress.

Water Quality (WQ)
The data available on water quality was found to be very poor with no principles or systems existing to
establish the purpose for which water quality samples might be collected or clear determination of
relevant parameters to be measured to support a WQ monitoring system. The concepts behind the
development of a WQ monitoring systems to support management actions to attain water quality
objectives was developed and its implementation supported.


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KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya

Water Quality Objectives (WQOs) The expected
quality of the water to be found in the natural
water bodies will depend on its location. One
                                                                                            E
                                                                                  -3                    E1




                                                                                                  inc
                                                                                       ce
would not expect the water flowing from the




                                                                                     n




                                                                                                   rea
                                                                                  rta
upper forested catchments to be of the same




                                                                                                       sin
                                                                                po
                                                                                            e
quality as that found flowing out of Nairobi’s




                                                                                                          g
                                                                            alim




                                                                                                         eco
industrial areas. The WQOs are therefore                                                                           e2




                                                                              i
                                                                 c2




                                                                           erc




                                                                                                            log
                                                                              ec                   el




                                                                     m
influenced by the catchment characteristics that




                                                                                                               ica
                                                                  om




                                                                                                                  li m
must be analysed.




                                                                gc




                                                                                                                   po
                                                                sin
                                                                                  c               l




                                                                                                                     rta
                                                             rea




                                                                                                                         nc
Ecological (E) WRM Units are areas with almost




                                                          inc




                                                                                                                           e
                                                                  C                         lc
                                                     C1                                                                        e3

                                                                                                                  L
natural ecological characteristics. The focus for
water resources management is the protection
of the natural ecological characteristics for
                                                                      increasing livelihood importance
ecological, recreational and development of
                                                                      l3                     l2                      L1
tourism.

Livelihood (L) WRM Units are areas with
predominant rural characteristics i.e. rural and
scattered settlements with varying population
density and where small scale subsistence
oriented economic activities dominate.

Commercial (C) WRM Units are typically urban
and/or industrial agglomeration areas including
their peripheral areas which could be
commercial. They target at ensuring quality of
water resources to develop economy and
prosperity in urban areas/industrial centres.
Other target are economical use of water
(reduce, reuse, recycle) and safe disposal of
effluent (treatment and natural purification).



The “E”, “L” and “C” triangle also shows the way on how to classify CMUs where there is competing
demand. The delineation of the catchment into Management Units (MU) and the classification of each
MU as determined by the Ecological (E), Livelihood (L) and Commercial (C) importance impacts upon the
resources objectives to be determined. The Class of the Resource is a measure of the relative importance
attributed to the three competing types of uses – commercial, livelihood and environmental which
imposes certain conditions on the utilisation of the resource with respect to the Reserve and the resource
quality objectives. With the support of Danida WRMA has identified the MUs in each catchment and
classified them relation to the ELC classification system. An example for Lake Victoria North catchment
areas is shown in the map , where each sub catchment has been categorized. The classification
determines the quality objectives at the outflow of the MU.

The Resource Quality Objectives (RQOs) represent the desired status of the resource, covering all
aspects of quantity, quality, timing and aquatic biota. The RQOs are different for different classes of
resource. The objectives generally relate to the extent to which the water body is allowed to be adversely
impacted by water use with respect to its natural state. Conceptually the RQOs provide a “target”
condition of the resources. Management decisions should be made such that the condition of the
resource is progressively trending towards the RQO. The status of the resource is a measure of how far
the condition of the resource is from the RQO.
                                                                                                                                11
KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya


          WRUAs and Sub Catchment Management Planning and Implementation

The Water Act 2002 recognises the contribution to be made by civil society in the management
of the water resource, through the establishment of Water Resources Users Associations
(WRUAs). WRMA’s role in support to WRUAs is facilitation of WRUAs has been a key element in
the support provided by Danida.

All trans boundary waters are national waters and their practical management comes under the
WRMA supported by WRUAs. Kenya is an upstream user, in relation to all of it’s transboundary
waters. The management of the quality and quantity of outflows are therefore a national
management issue, with emphasis on national regulation. Addressing transboundary issues
begins in Kenya with the establishment of an effective national system of WRM. Danida has
supported both international and regional linkages where transboundary WRUAs in Kenya-
Tanzania / Kenya-Uganda are working in partnership to address common sub catchment
management issues.

WRMA is responsible with support through WRUAs to bring all stakeholders together, both
National,     and where appropriate, International/Transboundary stakeholders, in the
development and implementation of Catchment and Sub Catchment Management Plans. It is to
this end that Danida support has been provided to enable such plans to be funded without
conflicting with the WRMA’s regulatory role.

Water Resource User’s Associations Development Cycle Tool Kit
To support WRUAs at the “Grass Roots” level a WDC TOOL KIT has been produced. It is a tool kit
to assist WRMA staff, WRUAs and Civil Society/non state actors and Support Organisations (SOs)
to prepare a Sub Catchment Management Plan.

                                                 WDC TOOLKIT

               WRUA FORMATION                         PILOT PHASE                WSTF SUPPORT PHASE


        Problem Identification & Analysis       Baseline Data Collection          Building Compliance
                                                Abstraction & Water use             Meters, Permits
                                                Effluent & Water Quality
       Stakeholder Participation & Analysis      Veg/Land Use Baseline        Water Resource Management
                                                 Socio-Econ/Livelihoods                Monitoring
                                                  Natural Res. Mapping            Allocation & Permits
           IWRM/Water Sector Reform
                                              Catchment & Riparian Rehab.     Water Resource Development
                                                          Pegging                  Dams, Pans & BHs
       Katiba Development & Registration
                                               Tree Nurseries/Afforestation
                                                     Soil conservation        Water Demand Management
          CBO Skills (Training Modules)                                         Abstraction monitoring
              Leadership & Groups                                                Efficient Irrigation Sys.
             Conflict Management                  Strategic Planning &
                                                 Proposal Development
            Financial Management                                              WRUA Capacity Development
                                                                                 Conflict management
                                                                                Financial Self sufficiency


The above represents a series of 13 training modules that assist facilitators and WRUAs alike in a
detailed process of the development, planning and budgeting of a Sub Catchment Management
Plan. The funding of such plans have been described in relation to chapter


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KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya
Most of the tools otherwise found available to support IWRM Planning are found to be generic
and of limited application. The tools provided above are directly related to the specific needs of
water resources users in Kenya and provide a uniquely practical tools in supporting civil society
to be engaged in the management of the water resource.



         Water Resource Monitoring, Data Management and Analysis for Management

Supporting all elements of Water Resources Management has been the development of the
Water Resources Management Information System. The (WRIMS) comprises a number of
databases, one of which is the proposed permit database. Other key software/databases are
presented below in Table 1. The Permit Database linking with the other databases within the
WRIMS.

Overview of WRIMS
Database              Software            Data                             Function
Hydro-                MIKE-BASIN/         Meteorological,                  Data archival;
meteorological        TEMPORAL            Hydrological Time Series &       Hydrological analysis
Database              ANALYST             Periodic Data                    tools
                                                                           Water allocation
                                          Water Levels (GW, SW),           (Demand) Modelling
                                          Miscellaneous gauging            Rainfall-runoff
                                          Water quality                    modelling
                                          Rainfall
                                          Climate
Water Demand          MIKE-Basin/GIS      Water Demand Data                Water allocation
Database                                  Population (human,               (demand) modelling
                                          livestock), agric., industry,
                                          power, etc.
GIS                   Arc-View            Spatial data                     Archival of spatial
                                          Topographical maps               data
                                          Land use                         Map development
                                          Vegetation                       Spatial modelling
                                          Gazetted area
                                          Catchment boundaries
                                          Administrative boundaries
                                          Socio-economic features
                                          Hydro-met network
Permit                Under               Permit data (SW, GW, WQ)         Archival and reports
                      development         Applications                     on permits, water use
                                          Authorisations                   and borehole logs
                                          Permits
                                          Water Use data (periodic)

The WRIMS is operational throughout WRMA. Data transfer and connectivity between the
different offices is a key issues. In addition to the WRIMS, the WRMA has developed a Financial
Management Information System (FMIS) to handle budgeting, income, cash flows and

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KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya
expenditures of the WRMA. The FMIS is currently established and operational at all levels of the
WRMA (HQ, RO and SRO), and staff have been trained on its use.

The Water Resource Information Management System (WRIMS) comprises three parts:

   1) the hydrological database (MIKE BASIN),
   2) permit database (Developed to be an integral part of the WRMIS system)
   3) catchment database (GIS). After delays in procurement, all three aspects of the WRIMS are under

Lessons learnt in analysing the WRMIS needs
Kenya has had some experience in terms of previous attempts to establish WRMIS systems,
which have not always proved valuable, therefore before and as part of the determination of the
systems to be adopted considerable effort was gone to in order to ensure a WRMIS system
appropriate to the needs of Kenya. Key principles included:
1) The WRIMS is to serve as a tool for Integrated Water Resources Management, and thereby
   contribute to the vision of the authority: “Enhanced livelihoods for all through access to
   affordable, adequate and good quality water resources” (and not just an instrument for
   collecting and storing data).
2) A uniform Water Resources Information Management System (WRIMS) should be
   implemented in each six regions as well as at national level.
3) The main focus point within the WRMA, including the WRIMS, is the regions.
4) Data should be managed in an integrated manner so that different types of data can be linked
   and combined within the authority and the necessary exchange of data with other relevant
   institutions (including the Water Service Boards) outside the authority should be established.
5) There should be separation between the database storing the data and the software handling
   the data. Thus, the data should be stored in a separate relational database rather than an
   individual time-series database embedded in a specific software.
6) Data should be handled in a well-structured way and all staff in each region should work on
   one set of approved data stored on a server rather than on individual computers.
7) The system should ensure easy integration of spatial and temporal data through a GIS
   platform.
8) The system should have proper security facilities such as backups and user access controls
   (privileges).
9) The system should be as coherent as possible, aiming at identifying software that can cover a
   broad range of the tasks, and thus limiting the number of individual software packages that
   need to fit together. To the extent possible, “off-the-shelf” commercial products from major
   companies, where regular services and updates can be obtained.



Conclusion
The brief has taken the reader through the key elements of the WRM reforms and activities
taking place presently in Kenya as has been indicated in the conceptual representation of these
elements provided below:




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KENYA BRIEFING: IWRM & Transboundary Water Resources Management in Kenya

                      Water Act                     Conceptual Frame for IWRM
                        2002


                            1                      2                  3            4

                  Institutional
                                             NWRMS               Rules                 CMS
                  Framework                                                                             5
                                             Goals                               Objectives          SCM
                 WRMA Organisation                               Water             Targets
                 1 Nat 6 ROs 25 SROs        Objectives                           Stakeholder
                                                                                                     Plans
                 Staff structure/terms       Means              Charges
                                                                                   Actions
                                               Funding                                             WDC Tools
                                                                           SW, GW, WQ
                     Key (Golden)        Mechanisms for WRM                                      and Investment
                      Indicators          roles and funding     CoP       Stations -Data
                                                                            Monitoring
                                            WRMA/WSTF
                                                                          6
                    Operational           Tools for financing
                     Framework              WRUAs for for                                       MDGs
                    Performance                effective
                                                 WRM                                        Equitable access
                      contracts
                                                                                           Water rights upheld
                                                                                           Poverty Eradication
                                                                                           Production increase



As recently reported in a document reviewing the Kenyan Water Sector Reforms in relation to a rights
based assessment 1 positive elements indicated included that:
  Kenya may in fact be a regional leader in explicitly reflecting a human rights approach and the
     lessons learnt here will be of great importance internationally, in particular for other developing
     countries.
  The water sector has become more open to participation of civil society.
  Significant improvements in water resource management will help ensure the sustainability of water
     supplies.

The principal constraints to the development of water resources have been and remain:
       Lack of appreciation of government to recognise the resource needs of this new institution in its
        establishment. In 2008/9 apart from paying salaries – the Government’s contribution to operational
        costs was zero.
       The inability of the Ministry to reform itself, to cease to undertake roles which are clearly within the
        mandate of the new institutions. Delaying and undermining reforms for fear of the future.
       Lack of political resolve and support to ensure the enforcement of the rules. The Ministry has a
        borehole – yet has no permit and pays no water charges. Kengen has yet to pay major bills (300-400
        million Kshs) upon which the sustainability of the WRMA is dependent.
       The Ministry (despite being responsible for coordination and policy) are now directly engaged in the
        drilling 50 boreholes (as a result of drought), clearly the prerogative of the Water Service Boards
        (WSBs). In the areas identified it is known that the present abstraction rates are 3 times recharge
        rates, yet who is to tell the Minister?

Despite these constraints – the achievements of Kenya in relation to the development of a sound water
resources management system during the past 5 years – speak for themselves. A more committed and
focused institution with a greater work load you will be hard pressed to find.

Mogens Laumand Christensen
Minister Counsellor
Royal Danish Embassy - Nairobi - Kenya



1
 Development cooperation in the water sector : Assessment from a human rights perspective by Munguti Katui Katua, Ashfaq
Khalfan, Malcolm Langford,and Monika Lüke
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