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RIFT VALLEY WATER SERVICES BOARD & 3 ORS
V.
GEOFFREY ASANYO & 2 ORS

(2022) JELR 113985 (CA)

Court of Appeal 10 Jun 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 60 & 61 OF 2015 (CONSOLIDATED)
Judges:DK Musinga, JA AK Murgor, JA KI Laibuta, JA
Location:Nakuru

JUDGMENT

  1. The promulgation of the Constitution on 27th August 2010 ushered in an array of legislative, institutional, governance and administrative reforms suitably designed to (a) regulate the assignment of functions between national and county governments in accordance with the Fourth Schedule to the Constitution; and (b) operationalise devolution of powers and decentralization of services from the national to the county levels, and to the lowest units of service delivery pursuant to Article 6 of the Constitution. It is under this constitutional framework that decentralization of water services is managed by the Water Resources Authority established under section 11 of the Water Act, 2016 as a body corporate with perpetual succession. Section 12 of the Act sets out the functions of the Authority, which include (i) regulation of the management and use of water resources; and (ii) coordination with other regional, national and international bodies for the better regulation of the manage…

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