Nyeri County Water and Sewerage Services Act, 2017 (No. 6 of 2017).
Country
Type of law
Legislation
Abstract
This Act provides with respect to water resources management and conservation and sanitation in Nyeri County. The Object and purpose of the Act is to provide for the development, management and regulation of water and sewerage services. The Act consists of 71 sections divide into 8 Parts.
The Act establishes the Directorate of Water and Sewerage Services headed by the Directorate for Water and Sewerage Services. It also establishes the Water Development Co-ordination Committee and a Directorate for Environment and Natural Resources Management. Water services providers shall be established under the provisions of this Act. Water Service Providers shall manage Water and Sewerage Services under delegated Authority and shall be licensed by the County Government under the provisions of this Act. The Directorate of Water and Sewerage Services shall be responsible for formulation, promotion and monitoring the implementation of policies. It shall also, among other things, issue authorization and/or licenses to water service providers as defined under this Act, monitor, regulate and enforce license conditions, establish a mechanism for handling complaints from consumers regarding the quality or nature of water services, and develop and promote policies, strategies and mechanisms for climate change mitigation and adaptation in the water sector.
Every water service provider licensed under this Act shall enter into a written Service Provision Agreement (SPA) with the County Government for purposes of exercise and performance of all its powers and functions under the license. The Act defines the power of a Water Service Provider to prohibit or restrict use of water. It may also require the compulsory acquisition of land for any of its purposes.
The Act furthermore provides with respect to, among other things, risk of flood prevention, protection of storm water systems, control of water pollution and effluent discharge, management of wetlands, Community Irrigation Projects, Water Users Associations, and sub-catchment management plans. Residents of a catchment area who use water for irrigation purposes may form an association under the Societies Act, Cooperatives Act, or other legally recognized framework to be called Water Users Association for the better administration of the Users' interests and obligations with respect to use and conservation of water. The County Executive Committee Member shall make Rules for the establishment and governance of water users' associations including Tenure and qualification of Water Users Associations leaders/Directors. Every licensed Water Users Association shall ensure equitable water use and distribution.
The Act establishes the Directorate of Water and Sewerage Services headed by the Directorate for Water and Sewerage Services. It also establishes the Water Development Co-ordination Committee and a Directorate for Environment and Natural Resources Management. Water services providers shall be established under the provisions of this Act. Water Service Providers shall manage Water and Sewerage Services under delegated Authority and shall be licensed by the County Government under the provisions of this Act. The Directorate of Water and Sewerage Services shall be responsible for formulation, promotion and monitoring the implementation of policies. It shall also, among other things, issue authorization and/or licenses to water service providers as defined under this Act, monitor, regulate and enforce license conditions, establish a mechanism for handling complaints from consumers regarding the quality or nature of water services, and develop and promote policies, strategies and mechanisms for climate change mitigation and adaptation in the water sector.
Every water service provider licensed under this Act shall enter into a written Service Provision Agreement (SPA) with the County Government for purposes of exercise and performance of all its powers and functions under the license. The Act defines the power of a Water Service Provider to prohibit or restrict use of water. It may also require the compulsory acquisition of land for any of its purposes.
The Act furthermore provides with respect to, among other things, risk of flood prevention, protection of storm water systems, control of water pollution and effluent discharge, management of wetlands, Community Irrigation Projects, Water Users Associations, and sub-catchment management plans. Residents of a catchment area who use water for irrigation purposes may form an association under the Societies Act, Cooperatives Act, or other legally recognized framework to be called Water Users Association for the better administration of the Users' interests and obligations with respect to use and conservation of water. The County Executive Committee Member shall make Rules for the establishment and governance of water users' associations including Tenure and qualification of Water Users Associations leaders/Directors. Every licensed Water Users Association shall ensure equitable water use and distribution.
Attached files
Web site
Long title of text
An Act of the County Assembly of Nyeri to provide for development, regulation and management of Water, Sewerage, irrigation, flood and storm water management systems, water conservation and connected purposes.
Date of text
Repealed
No
Serial Imprint
Kenya Gazette Supplement No. 13 (Nyeri County Acts No. 6).
Source language
English
Legislation Amendment
No