Water Act, 2016 🇰🇪

Kenya

Preface

Part I – PRELIMINARY

1. Short title and commencement

2. Interpretation

3. Purpose of the Act

4. Principles

Part II – OWNERSHIP, USE AND MANAGEMENT OF WATER RESOURCES

5. Ownership of water resources

6. Regulation of the management and use of water resources

7. Rights to water resources

8. National Public Water Works

9. Administration of National Water Resources

+1 more sections

Part III – – REGULATION OF THE MANAGEMENT AND USE OF WATER RESOURCES

11. Establishment of the Authority

12. Functions of the Authority

13. Powers of the Authority

14. Management Board

15. General duties and responsibilities of the Management Board

+47 more sections

Part IV – – WATER SERVICES

63. Right to clean and safe water

64. National Water Services Strategy

65. Establishment of water works development agencies

66. Boards of the water works development agencies

67. Criteria for water works development agencies

+45 more sections

Part V – – WATER SECTOR TRUST FUND

113. Establishment of the Water Sector Trust Fund

114. Objects of the Fund

115. Board of Trustees of the Fund

116. Functions of the Board of Trustees

117. Monies of the fund

+1 more sections

Part VI – – DISPUTE RESOLUTION

119. Establishment of the water tribunal

120. Staff of the Water Tribunal

121. Jurisdiction of the Tribunal

122. Proceedings of the Tribunal

123. Determination of appeals and disputes

+2 more sections

Part VII – – FINANCIAL PROVISIONS

126. Funds of the Authority, Regulatory Board, Water Harvesting and Storage Authority and Water Works Development Agencies

127. Financial year

128. Annual estimates

129. Accounts and audit

130. Retention of charges and fees

+2 more sections

Part VIII – – GENERAL PROVISIONS

133. Service of notices

134. Order, etc., to be in writing

135. Authentication of documents

136. Permit or licence to be evidence of power or function

137. Protection from liability

+10 more sections

Part IX – – TRANSITIONAL PROVISIONS

148. Transfer of functions, assets, liability and staff from Water Resource Management Authority

149. Transfer of functions, assets, liability and staff from National Water

150. Transfer of functions, assets, liabilities and staff from the Water Services Regulatory Board to the Regulatory Board

151. Transfer of functions, assets, liabilities and staff from the Water Services Trust Fund to the Water Sector Trust Fund

152. Transfer of functions, assets, liabilities and staff from water services boards to water works development agencies

+7 more sections

FIRST SCHEDULE

1. Application of this schedule

2. Qualification of members

3. Term of office

4. Acting chairperson

5. Terms and conditions of service

+10 more sections

SECOND SCHEDULE

1. Meaning of "authorised works"

2. Inspection of works during construction

3. Works to be made secure

4. Road crossings

5. Completion certificate and inspection

+2 more sections

THIRD SCHEDULE

1. Encumbrances

2. Easement includes rights of access

3. Permit holder to avoid flooding lands and maintain canal satisfactorily

4. Damage caused by works of permit holder

5. Permit holder to construct works to enable landholder to enjoy his works if interfered with

+11 more sections

FOURTH SCHEDULE

1. Application of this Schedule

2. Notice of intention to construct well

3. Submission of records

4. Tests on neighbouring well

5. Contractor deemed to be constructor

+13 more sections

REPUBLIC OF KENYA

Water Act, 2016

Act 43 of 2016

Assented to on 13 September 2016
Commenced on 21 April 2017
[This is the version of this document from 21 April 2017.]

AN ACT of Parliament to provide for the regulation, management and development of water resources, water and sewerage services; and for other connected purposes.

Part I – PRELIMINARY

1. Short title and commencement

This Act may be cited as the Water Act, 2016 and 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.

2. Interpretation

In this Act, unless the context otherwise requires—"Authority" means the Water Resources Authority established under section 11;"aquifer" means an underground geological formation able to store and yield water;"basin area" means an area designated as such under section 24;"basin water resources committee" means a water…

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Water Act, 2016 🇰🇪

Table of Contents

REPUBLIC OF KENYA

Water Act, 2016

Act 43 of 2016

Part I – PRELIMINARY

1. Short title and commencement

2. Interpretation

Read the Full Legislation on judy.legal