CHAPTER TWO
9. f inal RepoRT of The suRvey m ission on The T ana R iveR b asin by h oWe c.W
(unDp consulTanT), 31sT JanuaRy 1972
The mission’s work coincided with the Maxey and Savisaari mission and both mis-sions were coordinated.
The Howe study was to lead to a comprehensive, integrated plan for the de-velopment of water supply, irrigation, flood control, hydro-power, agricultural land use and other services required for future growing population and commerce in the basin. The work of this mission was rather regional.
The mission recommended the formation of Tana River Basin Planning and Implementation Agency, which later became the Tana River Development Agency.
The relationship of this agency and the proposed National Water Authority was discussed and it was demonstrated that the functions of the two would not conflict.
In certain areas, the agency would be subject to the authority while at the same time the authority would have to depend on the agency for advice as regards the Tana River Basin.
On account of the foregoing excerpts it is clear that the overall responsibility for water development has shifted between ministries over the years.
Until 1964, the Hydraulic Branch of the Ministry of Works was responsible for water and sewerage development in urban areas. Rural water development was one of the responsibilities of the African Land Development (ALDEV) of the Ministry of Agriculture.
The two organisations were amalgamated to form the Water development department in 1964 under the Ministry of Natural Resources. The department was transferred to the Ministry of Agriculture in 1968 and subsequently became the water development division. Responsibility for the Provincial organisations of the division was divided between the Director of Water Development Department and the Provincial directors of agriculture. The distribution of authority was only vaguely defined and caused considerable unease among the provincial organisations.
In 1972, the status of the organisation was restored to that of the Department and the Director again became directly responsible for the provincial organisations.
In1973 the water development department had overall responsibility for water de-velopment in Kenya. Specialized agencies handled responsibility for certain sectors namely; National irrigation Board handled the major irrigation developments and the Hydro-electric power was handled by the Ministry of Power and Communications.
Water permits which were required for all surface water abstractions were issued by the water apportionment board, which was responsible to the minister for Agri-culture. The quantity and quality of water to be supplied, and disposed of, and the means and location of its abstraction, was stipulated in the permits. The Director of the water development department was the chief Technical advisor to the Board.
The water resources authority, with advisory functions on all aspects of water use, was established in 1951 and de-gazetted in 1972, after several years of inactivity.
The water department took over the functions of the water resources authority. The Water Act was later to be amended to this effect43.
At the time there existed the Water and Sewerage Department within the Nairobi City Municipal Council, which was directly under the Ministry of Local Government but had an autonomous position vis-à-vis the Ministry.
The Ministry of Local Government in 1973 operated seven major urban water supplies, all sewerage schemes in urban areas through town councils, and a large number of rural water supplies through the county councils. The water development department was responsible for advising the Ministry of Local Government on all matters concerning community water supply, sewerage and water pollution control.
The Mombasa water supply was operated by the water department, which bought water in bulk from the Mombasa pipeline Board, a statutory body created in 1957 and reporting to the Ministry of Agriculture. The water department operated and maintained installations owned by the Board on an agency basis.
43 Water Development Department (1965). A Memorandum by the Director for Water Development Department, Ministry of Agriculture Animal Husbandry and Natural Resources. Kenya National Archives, Ref: BY/35/17. Nairobi, Kenya.
Since 1963, the Ministry of Lands and Settlement was engaged in executing a rural water development programme in settlement areas through finance from the World Bank, the British and West German governments and Technical Assistance from the water department. Most of the water supplies were operated the co-oper-atives in the settlement areas; they had problems in obtaining trained operators to run the supplies. Many schemes were under-designed, resulting in lower quantities of water supplied than initially intended. Practically all schemes were based on individual connections and water charges were high.
The Ministry of Health was responsible for water supply quality surveillance in the country. With assistance from UNICEF and WHO, the Ministry carried out a rural water development programme over a ten-year period, with the main aim of demonstrating the benefits of rural water supplies and creating development interest in this development among the rural population. In 1973 the Water Development Department launched a massive rural water development programme. Most of the water supplies developed by the WHO/UNICEF programme were handed over to the county councils (formerly African District Councils), many of which did not have adequate resources to maintain them. The problem was aggravated by the fact that many of the systems were not adequately designed
An Inter-Ministerial Committee for Rural Water Supply development was created in 1969. All government agencies concerned with rural water development were represented on the committee, which was chaired by the deputy secretary to the Ministry of Agriculture. The main function of the committee was to review the rural water development programme set up by the water development department44.
As years went by, the number of water supplies managed by the public works kept increasing and putting a strain on the public works department. The only way to shed off some of the responsibility was to hand over some of the water supplies to Local Authorities in some townships where administration had been properly established. In the 1960’s a sizeable number of water supplies, for example. Kitale, Naivasha, and Kapenguria were handed to the Local Authorities. Other water supplies such as The Webuye water supply that could not get an undertaker for operation and maintenance.
When rural water pipelines were developed the public works department had already foreseen the problem of management and encouraged consumer to form what was known as the Association of Operators to take up and manage the pipelines
44 Water Development Department (1965). A Memorandum by the Director for Water Development Department, Ministry of Agriculture Animal Husbandry and Natural Resources. Kenya National Archives, Ref: BY/35/17. Nairobi, Kenya.
once they were complete45. However, some rural water supply schemes did form these associations and managed the water supplies but some just could not commit themselves for various reasons.
In 1964 county councils were involved in the management of water supplies especially the rural ones which had been left behind by the white settlers after inde-pendence. However, even before independence some water supplies were managed by Local authorities. Some good examples of such local authorities are the Nairobi, Eldoret, Nakuru Kisumu and Mombasa where municipal boards were formed quite early.
In spite of who was the undertaker of a water supply the problem emanating from poor collection of water rates led to poor maintenance and deterioration of most of the water supplies. After independence water was taken as a social good and water supplied was not paid for. This created a situation where water supplies could not be sustained due to lack of money for operations and maintenance as well as accumulated unpaid loans. A good example is the Kibichori water supply in Bungoma district46.
In 1971, WHO carried out a sectorial study for community and rural water supply to establish the general community water supply problems. Most of the problems were associated with finance, manpower and administrative procedures.
Lack of coordination between government agencies, lack of an organisation with authority on water development, lack of long-term planning, inadequate data, shortage of qualified Kenyan staff, and poor design criteria and techniques were some of the problems cited47
Inter-Ministerial Committee for Rural Water Supply, was established in Feb-ruary 1969, a decision that was made by the Cabinet in order to accelerate the rate of community development. The committee had mandate to make recommenda-tions and report to the Minister for Agriculture on financial policy, water charges, rate collection, scheme selection criteria and evaluation of rural water development among others48.
In 1972, the Water Development Division was elevated to a Department and the Director of Water Development became directly responsible for the provincial organisations. The Water Department was given the overall responsibility for water
45 Water Development Department (1965). A Memorandum by the Director for Water Development Department, Ministry of Agriculture Animal Husbandry and Natural Resources. Kenya National Archives, Ref: BY/35/17. Nairobi, Kenya.
46 Water Development Department (1965). A Memorandum by the Director for Water Development Department, Ministry of Agriculture Animal Husbandry and Natural Resources. Kenya National Archives, Ref: BY/35/17. Nairobi, Kenya.
47 WHO (1971). Sectorial Study and National Programming for Community and Rural Water Sup-ply Sewerage and Water Pollution Control. Report No.1. General community water supSup-ply prob-lems, Brazzaville.
48 WHO (1971). Sectorial Study and National Programming for Community and Rural Water Sup-ply Sewerage and Water Pollution Control. Report No.1. General community water supSup-ply prob-lems, Brazzaville.
development in the country49. The Ministry of Local Government (MoLG) was in charge of water supplies in major municipalities50.
2.6 Water Services under Ministry of Water Development (1974–1986) Table 2.5 illustrates a summary of major events that influenced the direction of water supply in Kenya in the period 1974–1986.
Table 2.5: Key water supply events between 1974 and 1986 Period Key Water Supply Events
1974-1978
Third National Development Plan which emphasized the: Need to manage the re-sources for ecological, socio-cultural and economic benefits. Recommended that a system of user charge to be established in the sector. Rates for urban water supply and sewerage recommended to be based on full cost recovery.
MoWD takes over self-help water supplies and County Council water supplies.
Local Government Act (Cap 265), revised 1986.
Establishment of Local Government Loans Authority (LGLA).
1978 Water and Sanitation Departments (WSD) in Local Authorities.
1974 to1990 Post-Independence: Water Act Cap 372 enacted, Water Services under the creat-ed Ministry of Water Development.
1976-1981 First National Water Master Plan supported by SIDA.
Sustainable management of water as a limited natural resource.
1981 Legal Notice No. 194, December 1981. Ministry of water development standard-ized water tariff throughout the country and abolished metered connections in the rural areas.
1979-1983
Fourth National Development Plan. Policy change: “everybody should pay for water services”. “Water for all by 2000”.
Structural Adjustment Programmes (SAPs), from 1980/81. “Restoring efficiency in all sectors of economy, including water”. Attempts to restructure LGLA along the lines of municipal development bank.
1983 -1988 Legal Notice No. 194, December 1981 was not withdrawn even after the publica-tion of Sessional Paper No. 1 of 1986 that introduced cost recovery in provision of social services.
1986
Paper for Economic Management for Renewed Growth (Sessional Paper No. 1).
Commercialisation of water and sanitation facilities.
Decentralisation of water provision to Local Authorities.
49 WHO (1972). Sectorial Study and National Programming for Community and Rural Water Supply Sewerage and Water Pollution Control. Report No 2. Recommendations on National Programme for Community Water Supply Development. Brazzaville.
50 WHO (1973). Sectorial Study and National Programming for Community and Rural Water Sup-ply Sewerage and Water Pollution Control. Report No 10. Recommendations on Administration and Organization structure for water supply development. Brazzaville.
In November 1974, a fully-fledged Ministry in Charge of Water affairs was created a year after the recommendation by WHO. In effect, therefore, the gov-ernment was in agreement with WHO that water was not receiving the attention it deserved under the MoA.
The Government’s decision to create such a Ministry was due to the increas-ing awareness that water supply and environmental sanitation were the biggest contributors to acceptable health standards. One of the Ministry’s first decisions was to take over the management of not only government operated water schemes but also self-help and County Council operated schemes. Within its first decade of creation, major development programmes to provide improved water supplies to the people in rural areas and improvement and extension of services in the urban areas were undertaken51.
The first attempt to coordinate and streamline planning in the water and san-itation sector came as early as 1974 when the First National Water Master Plan, developed with assistance from the government of Sweden was launched. Imple-mentation of the master plan was not effective because government development activities were then based on project approach, perceived to have several weaknesses that included, piecemeal planning, donor-driven investments, little incentive to minimize costs, compromised technical standards and gradual undermining of government systems especially at local level52.
Ministry of Water Development: Indeed, within its first decade of creation, major development programmes to provide improved water supplies to the people in rural areas and improvement and extension of services in the urban areas were undertaken53.
Table 2.6 illustrates the water supplies operated by the department at the time it was elevated to a full-fledged Ministry54.
51 WHO (1973). Sectorial Study and National Programming for Community and Rural Water Sup-ply Sewerage and Water Pollution Control. Report No 10. Recommendations on Administration and Organization structure for water supply development. Brazzaville.
52 Ministry of Water and Irrigation and Water and Sanitation Program-Africa, (2007). Kisima, World Bank, Nairobi, Issue 4. January 2007.
53 WHO (1973). Sectoral Study and National Programming for Community and Rural Water Supply Sewerage and Water Pollution Control. Report No 10. Recommendations on Administration and Organization structure for water supply development. Brazzaville.
54 WHO (1973). Sectoral Study and National Programming for Community and Rural Water Supply Sewerage and Water Pollution Control. Report No 10. Recommendations on Administration and Organization structure for water supply development. Brazzaville.
Table 2.6: Water supplies operated by water department in early 1974
*For some of the institutional supplies, the water department was only carrying out maintenance and were operated by other agencies.
In the early part of the 1970s, the Government recognized the crucial role played by the water sector for the general economic growth of the country. Under the new Ministry, a new plan of action was established aimed at improving efficiency and extending in the water services to as many citizens as possible. This increased access to water tremendously in the rural areas.
During the start of the post independent period, the water sector in Kenya was characterised by very poor financial performance, and as a consequence, services could not be expanded as planned. The government was far from being able to uphold its promise of Water for all by 200055. By the 1990s, it emerged that the government lacked sufficient resources to match communities’ water needs. This culminated in the National Policy on Water Resources Management and Development Sessional Paper No. 1 of 1999, which was first drafted in 1992. Other policy blueprints in-clude the Water Act 2002, the Country Strategy on Water and Sanitation Services and Country Strategy on Integrated Water Resources Management56.
The post independent administration further introduced major institutional changes in Kenya. The District Focus for Rural Development Policy introduced in 1983 provided the framework of decentralized government. Sectoral department were officially represented throughout the hierarchy of district, divisional and lo-cational administrative units. This led to customary right to water notion proving not only flexible but also ambiguous. A key issue was the extent to which processes of commoditisation of access to water were contested or accepted57.
55 Nilsson D and E Nyangeri Nyanchaga, ‘ Pipes and politics. A century of change and continuity in Kenyan urban water supply’. Forthcoming article.
56 Wambua S. (2004), Global Issue Paper, No. 8: Water Privatization in Kenya, Heinrich Boll Foun-dation. March, 2004.
57 Bernstein H., Hulme D. and Woodhouse P. (2000). African Enclosures? The social Dynamics of Wetlands in Drylands. Oxford: James Currey, 2000.
By late 1970s, development agencies had realized that the ministry could not continue with business as usual. The ministry agreed with their observation and as a result a number of studies supported by SIDA were commissioned. The water use study of 1983 argued that the MoWD should be divested of operation and mainte-nance responsibilities. Similarly, the operation and maintemainte-nance study of 1983 made strong representations in favour of decentralisation. In effect, therefore, these reports called for reforms revolving around the initiation of changes in the management of schemes with a view to: enabling the MoWD gain effective control over its schemes;
decentralizing management, operation and maintenance to appropriate levels for rapid and effective response to scheme specific happenings; increasing the level of consumer participation and responsibility in the management; increasing the level of equity in the social distribution of scheme waters; and generating resources needed for operation and maintenance from the consumer.
These reports, however, warned that without these reforms the water sector shall increasingly find it difficult to operate and maintain the schemes; and generate the resources required for the much needed expansion of its investments to reach the majority of population without access.
Since its inception, the Rural Water Supply (RWS) Programme lagged behind schedule. The status of the three RWS programmes at various stages in their imple-mentation was as follows. By 1976, RWS I was virtually complete with 97 percent of construction expenditure committed for the RWS II 69 percent of the schemes were completed and 70 percent of planned population being served. Ninety-one percent of the planned construction expenditure had been committed in RWS III58. Rural Water Supply I: By January 1977 five RWS I projects were still under con-struction according to MWD. Three of these were in North Eastern Province where lack of suitable water sources had compounded planning and design problems. In addition, long distances had aggravated construction delays. At the uncompleted scheme in Rift Valley about 90 percent of the planned construction was committed and in Eastern Province a small scheme planned to serve 1000 people at a cost of KES 40,000 had only been started. However, these schemes were expected to be completed by mid-197759.
Rural Water Supply II: By March 1976, no scheme was completed. This was mainly due to the backlog of the earlier programmes, and the apparent discrepancy
58 Republic of Kenya (1977). Evaluation of the Rural Water Supply Programmes I, II, III. Volume I, Summary. Ministry of Water Development, Nairobi.
59 Republic of Kenya (1977). Evaluation of the Rural Water Supply Programmes I, II, III. Volume I, Summary. Ministry of Water Development, Nairobi.
between expenditure and completed schemes was partly due to a rescheduling of the construction programme. By January 1977, two schemes were completed, while 5 schemes were due to be completed by end of February 1977. The MWD anticipated that the programme would be completed by 198060.
The causes of programme delay fell into two categories, exogenous (outside the government control) and endogenous (under government control). Each category was further subdivided into:
Exogenous factors: (a) outside Kenya which included delivery (late delivery of materials on international tenders and shortage (world shortage of materials,
Exogenous factors: (a) outside Kenya which included delivery (late delivery of materials on international tenders and shortage (world shortage of materials,