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{
    "id": 612843,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/612843/?format=api",
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    "content": "National Assembly before coming here. However, the caution that I am giving all of us is that this is the House that will infuse the necessary balances that are required in this Bill to ensure that the framework that has been provided for in terms of functions around this commodity called water between the national and county governments is respected. Therefore, I am expecting that as we debate it, those balances will be looked for and enforced. If I could just quickly highlight what the Constitution says in the Fourth Schedule about water, Part 1, says that the national Government has the responsibility on the use of international waters and water resources. So, the whole issue of water and resource use is in the national Government. County governments have two distinct roles concerning water. The first one, which is in Part 2, Paragraph 10 of the Fourth Schedule, is implementation of specific national Government policies on natural resources and environmental conservation, including soil and water conservation and forestry, implementation of national Government resources around water, especially the issue of water conservation. The second one which is even more pronounced and broader is in Paragraph 11 of Part 2 of the Fourth Schedule:- “County governments are responsible for county public works and services, including – a) Storm water management systems in built-up areas; and b) Water and sanitation services.” In trying to find out the right balances in terms of making sure that each level of government and its functions are respected in this Bill, the Fourth Schedule will be very critical. Madam Temporary Speaker, allow me to move very fast and highlight some of the clauses. I am sure that Senators have had time to look at this Bill and we will continue to look at it in the coming days as we debate this. Clause 5 says:- “Every water resource is based in and held by the national Government in trust for the people of Kenya.” In other words, the national Government is supposed to hold this resource as a trustee and not the owner or the proprietor of water. The other provision, still in Clause 5, says that the agent of the national Government in the management and regulation of water resources country wide will be the Water Resources Authority herein after referred to as “the Authority”. Clause 10 describes the functions of the Water Resources Authority mentioned above. I will only highlight two; the first is to formulate and enforce standards, procedures and regulations for the management and use of water resources and flood mitigation. The other one is to receive water permit applications for water abstraction, water use and recharge and determine issue, vary water permits; and enforce the conditions of those permits. In other words, the whole idea of water permits is rested in the Authority. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}