Irrigation Act, 2019 (No. 14 of 2019).

This Act makes provision for the development of irrigation in Kenya. It shall apply to matters relating to the development, management, financing, provision of support services and regulation of the entire irrigation sector. The provisions of this Act shall prevail in case of any inconsistency between this Act and any other legislation in matters relating to irrigation. For implementation of this Act guiding principles of the Constitution shall apply. The Act defines the functions and duties of the national government and county governments concerning matters of irrigation and establishes the National Irrigation Authority. The Authority, which shall be a body corporate, shall, among other things develop and improve irrigation infrastructure for national or public schemes and provide irrigation support services to private medium and smallholder schemes. The Authority shall be managed by a Board, which shall be composed of high-level public officers and representatives of the sector. The Cabinet Secretary shall, subject to water and other resource constraints, and in consultation with county governments, and other stakeholders ensure the adequacy and quality of water for irrigation purposes throughout the country.
The Act provides for the establishment of irrigation schemes at various levels. The Cabinet Secretary shall, in consultation with county governments, ensure that the design of national or public irrigation schemes and others, takes into account the needs of various irrigation water users, including livestock and fish producers and the impact the irrigation scheme is likely to have on the environment. The Cabinet Secretary may compulsorily acquire land for purposes of public irrigation schemes. In the case of community land forming part of a national or public irrigation scheme, the Cabinet Secretary, on behalf of the Department, may take the land on lease and on terms to be agreed between the Cabinet Secretary and the county government concerned. The Cabinet Secretary shall, in collaboration with county governments support and facilitate access rights to land for all irrigators on national irrigation schemes in order to provide livelihoods for poor and vulnerable persons and groups, and adequate security for investments in land improvement and the irrigation schemes.
A resident of a catchment area who is a crop farmer, livestock producer, fish pond user, or small rural industry entrepreneur or otherwise uses water for irrigation purposes from a common water source may, together with other members or persons resident in the same area, form or join an irrigation water users' association. Where an association pre-exists an irrigation scheme, the said association may be recognized as the bona fide association to operate and maintain a scheme established in the association's area of coverage, and more than one association may operate and maintain a scheme on appropriate and mutually agreed terms. The Act also provides for dispute resolution mechanisms.