Marsabit Water and Sewerage Services Act, 2018.

This Act, consisting of 71 sections, divided into 13 parts, provide for effective, efficient and management of water resources and water services in the County including: giving effect to the constitutional provisions on water services and sanitation as devolved functions; improving water use activities in the County and increasing cooperation between the county and the National government; managing revenues earned from water supply and sanitation in the County; maintaining county water infrastructures; planning and management of water catchment areas; promoting sustainable use of water resources in the county. The Act puts in place targeted measures to ensure the progressive realisation of the right to water, and provides all the necessary actions and measures to confer water use rights and grant existing ones. The Act defines an order of preference concerning water use rights, and ensures the provision of water and sewerage services to vulnerable groups, including gender sensitive sewerage for children in schools, and services to internally displaced persons. The Act concerns the following terms and matters: borehole; national water conservation policy; water resources pollution; public private partnership; waterworks.
Part II of the Act concerns: functions of the County Department; periodic water resource mapping; compliance officers to enforce provisions of the Act; coordination of water use activities. Part III concerns water supply and services management and covers the following matters: establishment of the Marsabit Water and Sewerage Services Company and definition of its functions; establishment of village water unit; community water management; water use tariffs; service providers permit; water quality control. Part IV concerns: waterworks permits; development and maintenance of county waterworks; storm waterworks management system; compulsory acquisition of land to develop waterworks for public purposes. Part V covers the following matters: borehole identification; drilling of boreholes; water pollution control; monitoring wells; implementation of National Water Conservation Policies. Part VI concerns water harvesting and particularly: roof catchment; construction of water pans. Part VII concerns public-private partnership for water services and for waterworks; development of a public-private partnership policy. Part VIII concerns sewerage services and water pollution control; preparation of a five-year sewerage services master plan; waste water management; discharge of contaminated water or effluent; water pollution control measures; interference with sewerage system; sewerage tariffs.
Part IX concerns: disaster management and development of a water crisis report strategy covering the following matters: early drought warning responses strategy, flood control response strategy, short and long term interventions, cross county issues on water crisis response management; water trucking. Part X concerns financial provisions; application of revenues from permits and penalties. Further Parts concern: offences and penalties; issuance of Regulations; protection from liability; public participation and county public participation; procedure of resolving conflicts; transitional provisions.