SPECIAL ISSUE ‘Kenya Gazette Supplement No. 8 (Migori County Acts No.4) _ REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT MIGORI COUNTY ACTS, 2022 NAIROBI, 27th February, 2023 CONTENT Act— ‘The Migori County Water and Sanitation Act, 2022... [PRINTED AND PUBLISHED BY THIF GOVERNMENT PRINTER, NAIROBITHE MIGORI COUNTY WATER AND SANITATION ACT, 2022 No. 4 of 2022 Date of Assent: 22nd May, 2022 Date of Commencement: 27th February, ARRANGEMENT OF CLAUSES PART 1— PRELIMINARIES 2023 1—Short Title. 2—Interpretation. 3—Objects and Purposes of the Act. 4—Guiding Principles and Values. PART 11 — ADMINISTRATION OF WATER AND SANITATION SERVICES 5—Ownership of water resources. 6—Powers and Duties of County Executive Committee Member. 7—County Water and Sanitation Services Strategy. PART II] — ESTABISHMENT AND OPERATION OF WATER SERVICES PROVIDERS 8—Establishment of County Water Services Provider(s). 9—Functions of the County Water Services Provider. 10—Managing Director and Other employees of County Water Services Providers. 11—Performance Agreement. 12—Duty of a County Water Service Provider. 13—Easements and Access Rights. 14— Raw Water abstraction permits and access rights. 15Special provisions with respect to unviable commercial areas. 16—Establishment of the Migori County Rural Water Board. 17—Constitution of the Board. 18—Terms of Office. 19—Powers of the Board. 20—Ward water officers. 21—Community Water Projects. 22—Clustering of Areas of water services provider.2 No.4 Migori County Water and Sanitation 2022 23— Agreements to protect sources of water. 24—Powers of County Water Service Provider to restrict use of water. 25—Execution of works for water protection. PART IV— Seon SERVICES AND POLLUTION (ONTROL, 26—Control of effluent. 27—Water pollution control. 28—Supervision, monitoring and coordination of water provision. PART V — PART V: DEVELOPMENT AND MANAGEMENT OF WATERWORKS IN THE COUNTY 29—Development and maintenance of County Water Works. 30—Water Works Priority Schedule. 31—Compulsory Acquisition of Land. 2— Easement for Water works. 33—Borehole site identification. 34—Drilling of Borcholes. PART VI— WATER RESOURCE MANAGEMENT 35—Rain Water Harvesting and Storage. 36—Conservation of Catchment Areas. 37—Water Resources Management Strategies. 38—Water Resource Users Associations. 39—Soil Conservation within Water Catchment Areas. 40—Sub Catchment Management Plans. 41—Monitoring Implementation of Sub Catchment Management Plan, 42—Management of wetlands. 43—Demarcation and Pegging of riparian land. 44—Prohibited Activities on riparian land, PART VUII— PUBLIC PRIVATE PARTNERSHIPS 45—Public Private Partnerships Policy. 46—Public Private Partnerships for Services, 47—Public Private Partnerships for Water Works, 48—Hire of County Plant and Equipment,3 2022 Migori County Water and Sanitation PART IX —FINANCIAL PROVISIONS. 49—Financial Year. 50—Accounts and Audit. 51—Sustainability of Water Services. PART X — GENERAL OFFENCES 52—Staff Impersonation. 53—Vandalism of Water and Sanitation Services Infrastructure. 54—Illegal connection to Water Services. 55—Contamination of Water Supply to Domestic Premises. 56—Septic Tank sludge and onsite sanitation management. 57—Offences by employees. 58—Enforcement of environmental Management and Co-ordination Act. PART XI — MISCELLANEOUS PROVISIONS 59—Rain water harvesting. 60—Transition plan. 61—Protection from Liability. 62—Public Participation. 63—Inclusion of Special Interests Groups. 64—Regulations.5 2022 Migori County Water and Sanitation No.4 snd “Pollution” in relation to a water resource, means any direct, oF in irect alteration of physical, thermal, chemical or biological properties of the water resource so as to make it: (a) less fit for any beneficial purpose for which it is or may reasonably be expected to be used; or, (b) harmful or potentially harmful to— (i) _ the welfare, health or safety of human beings; (ii) any aquatic or non-aquatic life - or property; or (iii) the environment. “Public officer” means a person serving as a public officer in the County Government of Migori or any of its agencies; “Riparian land” is defined as a minimum of six meters or equal to the full width of water course up to a maximum of thirty meters on either side of the bank; “Regulatory Board” means the Water Services Regulatory Board established by the Water Act 2016, or its successor; “Rural” means an area that may be designated by the County Government as rural under the Urban Areas and Cities Act, 2019. “Rural Water Service Providers” means service providers in rural areas as shall be defined by the Regulatory Board. “Water and Sanitation services” means the provision of a piped network for the transport and or movement of wastewater for treatment and or final disposal offsite; “Sanitation” means treatment and or final disposal of wastewater on site through latrines, septic tanks, conservancy tanks, soak away pits, ‘exhauster services and similar systems but does not include... Services. “Urban Areas” has the same meaning as assigned to it under urban areas and cities Act 2011; “Vandalism” means wilful or malicious destruction of infrastructure of a facility of a water and sanitation; “Water Resource” means any lake, pond, swamp, marsh, stream, water course, estuary, aquifer, artesian basin or other body of flowing or Munding water, wheiher above or below ground; water services provider” means a company, non-governmental organization or other person or- body licensed to provide water services tinder and in accordance with an agreement; “water course” means any natural channel or depression in which water flows regularly or intermittently;6 No.4 Migori County Water and Sanitation 2022 “water works” means any structure, apparatus, contrivance, device or thing for carrying, conducting, providing or utilization of water or liquid waste, but does not include hand utensils or such other contrivances as may be prescribed by under this Act; “Water services” means the provision of water and_ sanitation services for domestic, commercial, industrial, agricultural or other purpose and includes the supply of water for multiple uses. “Water catchment” means an area of land that water can drain across, over, or under to a common point on a stream, river, lake or wetland. “WRA” means Water Resource Authority; “WRUA” means Water Resources User Association, which is a community-based organization for collaborative management of water resources and resolution of conflict concerning use of water resources. Objects and Purposes of the Act 3. (1). This Act shall apply to the development and sustainable management of water and sanitation services in Migori County. (2). The Act gives effect to the Constitution, national laws as regard to provision of water and sanitation services in Migori County. (3). To provide for institutional framework for water and sanitation services in Migori County. (4). The rights conferred and duties imposed by this Act are in addition to those conferred and imposed by any other law. Guiding Principles and Values 4, (1) The County Executive Committee member and any person administering or applying this Act shall be guided by the principles and values of the Constitution set out herein— (a) national values and principles of governance in Articles 10; (b) the right of every person to clean and safe water in adequate quantities in Article 43(1)(d); and (c)_ the values and principles of public service in Article 232. PART II— ADMINISTRATION OF WATER AND SANITATION SERVICES Ownership of water resources 5. (1) Every water resource is vested in and held by the National Government in trust of the County Government for the people of Kenya.2022 7 Migori County Water and Sanitation P ; ‘owers and Duties of County Executive Committee Member 6. “ com ite.) Subset 10 the provisions ofthis ‘Act, the County Executive rn eee bal ota Control_and oversight over the ee ora eer Ela and sanitation services within the (2) Without prejudi i is *) it prejudice to the generality of the foregoing, the County Executive Committee Member shall have responsibility to: (a) formulate and periodically review County policies, strategies and plans for the development and provision of water services; formulate and review periodically strategies and plans for implementation of water resource standards and catchment protection in Migori County; (c)_ on behalf of the County Government pul measures and arrangements to implemen Constitution and national law on the provisio sanitation services; rovision of water (@) coordinate and oversee the development and p ithin the County in accordance with fan aligned No.4 @ 1 in place and maintain it and give effect to the n of water and and sanitation services wil the County Water Master Plan, Jong term Strategic Pl: plan (CIDP) and to the to the County Integrated Development the County Investment Plan aligned to the County Annual Development Plan; (e) mobilize financial and other resources for the provision of water and sanitation and; and (© prepare a report for the County ‘Assembly annually, and from time to time as may be necessary, ‘on the state of water and sanitation services in the County. (3)_ (a) In the performance of these functions and duties under this Act the County Executive Committee Member shall— (i) consult and coordinate with departments, agencies and entities of the National and other ‘County Government whose functions Sffect the development and provision ‘of water and sanitation services in the County; and consult with relevant stakeholders including non-governmental organizations, the private sector and consumer groups. (4). In the discharge of duties and functions under this Act, the County Executive Committee ‘Member shall be responsible for co- ordination of the Department ‘of water and sanitation Services. (ii)8 No.4 Migori County Water and Sanitation 2022 County Water and Sanitation Services Strategy cutive ce Member shall, within one 7. (1) The County Executive Committee hall, i year (1) of ‘commencerent of this Act, following public participation, formulate County water and sanitation services strategy (2) The County water and sanitation Services Strategy shall provide— (a) information on areas within the County in which access to basic water and sanitation services is inadequate; (b) plans and measures for the development and continuous improvement of water and sanitation services within the County; (c) an investment program and timeframe for the development, expansion and improvement of water and sanitation services in the County; (d) institutional and financial arrangements and measures for the improvement of access to basic water services within the rural areas and underserved urban areas; (c) measures to facilitate the provision of water and sanitation services by private sector County Water Service Providers and community Water Service Providers; and (criteria and procedures for the provision by the County Government of financial, technical and other assistance to private sector County Water Service Providers and community Water Service Providers. (3) The Strategy shall be published in the Gazette. (4) The County Water Services Strategy shall be reviewed Periodically and in any case not later than every three years. (5) Every County public officer shall give effect to the gazetted County water and sanitation services strategy in the discharge of duties under this Act. (6) Every water 8 and any other relevant stakcholders shall take account of the County water and sanitation services strategy in their plans and programmes. PART Il|— ESTABLISHMENT AND OPERATION ATER SERVICES PROVIDERS sail Establishment of County Water and Sanitation Services Provider 8. (1) There shall be Migori County Water and Sanitation ee ees 'O) which shall be registered as a water company med by notice in Ga the C y Jazette following a resolution of the County Assembly as the case may be following9 Migori County Water and Sanitation No.4 ano MTASCO established under this section shall be ody ual successi a seal and shall, in its corporat yh eet sucrsion anda common seal and sh all, in its 2022 (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or isposing of moveable and immovable property; (ec) borrowing money with consultation from the County Executive Members responsible for Water and Finance Affairs; (d) entering into contracts; and (©) doing or performing all other things or acts necessary for the proper discharge of its functions under Water Act 2016 which may lawfully be done or performed by a body corporate. Functions of the County Water Services Provider 9. (1) As per Water Act 2016 provisions, MIWASCO established under ‘this Act, shall be responsible for the economic and efficient provision of water and sanitation services, and for operation and management of the water supply infrastructure and facilities, within its water supply area. (2) MIWASCO shall have the exclusive right to provide water services within its area of supply. (3) The performance by MIWASCO functions set out in this Act shall be subject to the requirement to obtain and maintain a license issued by the Regulatory Board under the Water Act, 2016. Managing Director and other Employees of County Water Services Providers 10. (1) MIWASCO shall have a Managing Director who shall be competitively recruited by the Board. (2) The Managing Director shall hold office for a period of three years, on such terms and conditions of employment as the Board may Aetermine, and shall be eligible for re-appointment for a further and final term of three years (3) The Managing Director shall, in accordance with this Act, and under the general direction of the Board, be responsible for the daily management and performance of the functions and duties of the MIWASCO. Performance Agreement 11, (1) MIWASCO shall enter into a performance agreement with the County Government for purposes of exercise and performance of all its powers and functions under the Ticense.10 oe Migori County Water and Sanitation 2022 (2) The performan¢ agreement shall specify the targets to be achieved under the license issued to pee ve provisions win al sions wi 3 ance agreement may also make Pcie peace MIWASCO of any liability to the County Government arising from performance or non-performance of functions conferred by the license. Duty of a County Water Service Provider / 12. (1) MIWASCO shall, as a licensee, have a duty to provide efficient and economical water services. (2) For the purpose of the provision of water services, a water services provider, may — (a) purchase, lease or otherwise acquire premises, plant, equipment and facilities; (b) purchase, lease or otherwise acquire land, or request for its compulsory acquisition in consultation with County Government. (3). As part of its duty a water services provider shall establish a mechanism for handling consumer complaints, which meets the standard set by the Regulatory Board. Easements and access rights. 13. (1) The acquisition of easements for purposes of water services infrastructure shall follow the procedure set out in this Act, Water Act 2016 and any other relevant law. (2) The Executive Committee Member shall ensure that if a water services provider acquires easements, access rights and or property rights over land on or over which its facilities and infrastructure is constructed shall ensure that it has obtained and registered the Property or access rights in its name and it has in its custody the relevant title documents. (3) The. water services provider shall take steps to obtain and maintain in its records “as built” drawings of its facilities. and infrastructure, reference maps and Plans and other relevant documents which show the location and layout of the water infrastructure (4) The County Executive Commi for protecting access rights to point w; members on traditional or other non-st; tte Member shall prescribe rules ‘ater sources enjoyed by community jatutory basis Raw water abstraction permits and access rights 14. (1) The County water services availability and develop necessary to supply ad consumers o Provider(s) shall ensure the Cae Sources. of water for abstraction as “ quantities and quality of water to itsi Migori County Water and Sanitation 2) A wa water services provider shall apply for and secure an abstraction permit eect hermit from Water Resource Authority as provided for under 2022 No.4 Special provision wi Provision with respect to unviable commercial areas 15. (1) It sha put in pla 1) It shall be the responsibility ofthe County Government to which are unviabl. Me for the provision of water services to rural arcas basis. le for the provision of water services on a commercial 2 developing measures taken by the County Government shall include which eae Pom sources, small scale piped systems and stand pipes tienes standard set by the national water Regulatory Board and Seema ey by the community associations, non Recon al organizations or by a private person under a contract with Establishment of the Migori County Rural Water Board Ch 16. (1) The County Executive Committee Member shall establish the Migori Rural Water Board and forward to the County Assembly for approval. (2). The Board shall be under the Department responsible for Water and Sanitation services. Constitution of the Board 17. (1) The established Board members— (a) The Chairperson appointed by Member for water services an ‘Assembly for approval. (b) The Chief Officer in charge of wat ‘The Chief Officer responsible for finance. takeholder representatives elected from With a minimum qualification of a shall consist of the following the County Executive Committee d forward to the County (er and sanitation. (c) (a) Eight Sub-County Rural Water Supply Schemes diploma, fe) Two persons with represent People wit relevant skills and experience in water (0 fh disability and the youth (2) The County Executive Committee Member shall ensure one- third gender rule is MP erved when constituting the Board (3) A Member appointed from the B + of the constitution or any other kaw; 17 (1) (a) (d) and (©) under sub-section following grounds: Yon any one of the shall be removed (a) Serious Violation (pb) Incompetency12 von 2022 No.4 Migori County Water and Saniratior (c) Bankruptcy; (d)_ insanity; (c) Gross Misconduct. ‘Terms of Office 18. (1) The chairperson and members of the Board shall be appointed for a term of three years. / (2) The chairperson and members of shall serve on part time basis. (3) The Board members shall be eligible for re-appointment only once. (4) Qualifications of the Chairperson shall be as follows — (a) possess a degree from a recognized university; (b) have experience in management of public/private entities for a period of not less than seven (7) years; (c) meet the requirements of chapter six of the constitution of Kenya, 2010 ; and (4) must be a Kenyan citizen. Powers of the Board 19. The Board shall have the powers and functions necessary for the performance of its functions under this Act, and in particular, the Board shall have powers to- (a) Oversee the running and management of all rural water services providers; (b) Evaluate, monitor and advice County Executive Committee Member on matters relating to rural water services provision; (©) Hames community water services providers within the County towards a harmonized goal of water service provision. Ward water officers 20. The CECM water in consultation with Public Service Board ea appoint Ward Water officers to Support water management services in the wards, Community Water projects 21. (1) All Rural Communit ; providers shall be registered with the Board’? P@i€cts/water service joard, (2) Community Water py e et rojects shall their jurisdiction each financial year and submit to the Board.2022 igori Na Migori County Water and Sanitation 3 i f ns a Executive Committee Member shall provide funding for reengclies a activities, rehabilitation, construction and extension from s (ed to the department by the County Government. (4) The Community Water Pi s sl i annually supervised by the Board. eas abe stl 2 A Clustering of areas of water services pro’ 22. (1) The Count igor ion wi ry government of Migori in consultation with Base Shall facilitate clustering of Rural Water Service Providers in ine with WASREB Rural Water Management guidelines. Agreements to protect sources of water 23. (1) Water Service Provider may enter into an agreement with any person with respect to the execution and maintenance, by any party to the agreement, of such works as the licensee considers necessary or as the conditions of his or her license may require for the purpose of protecting the catchment areas, drainage of land, carrying out soil conservation measures or the control of vegetation or more effectively collecting, conveying or preserving the purity ‘and quantity of water which the Water Service Provider is for the time being authorized to take. (2) An agreement under this section may be registered against any Jand of the person with whom it is made, and shall be binding upon and enforceable against such land or such person or his successor in title. Power of Water Service Provider to restrict use of water 24, (1) A Water Service Provider who is of the opinion that there is jous deficiency of water available for distribution or that such a deficiency is threatened may, with the consultation of the County Executive Committee Member, for such period as he thinks necessary prohibit or restrict as respects the whole or any part of its limits of supply, The use for any specified purpose of water supplied by him. prohibition or restriction comes into force, n by the Water Service Provider in the local No.4 a seri (2) Before any such public notice shall be give media (3) Rules and Regulations made under this Act may provide that rson who while such prohibition or restriction is in force contravenes its provisions Shall be guilty of an offence and liable on conviction to 4 penalty fixed by Regulation. Execution of works for water protection a LCLrr——— Provider may, on any land belonging to it or in which i has acquired any necessary casement oF siection right, consiuct and maintain drains, sewers and other works Protmercepting, treating or disposing ‘of any foul water arising of flowing reatithenwise for preventing water belonging to the any14 i 2 ne Migori County Water and Sanitation 202: licensee, or which it is for time being authorized to take, from being polluted. i ider shall obtain consent from (2) The County Water Service Provider shall nsent fr Water Resources Authority for any proposed works likely to affect any water resource. (3) _ Any County Water Service Provider proposing to ene any such drain, sewer or other works may, with the consent of the state orga concerned and subject to such conditions as the state organ may ee carry, the drain, sewer or other work under, across or along any road or toad reserve or public place, whether within or outside the area of water service of the County Water Service Provider. (4) A consent required under subsection (2) shall not be unreasonably withheld, inee shall any unreasonable condition be attached fo such consent, and any question arising from the operation of this subsection shall be decided by consultation between the state organs concerned. PART IV — SANITATION SERVICES AND POLLUTION CONTROL Control of Effluent 26. (1) It shall be the duty of a County Water Service Provider Teceiving effluent into its sewerage system to ensure that it has measures in place for the receipt and handling of the effluent without causing pollution of the environment, harm to human health, damage to the system, a contravention of applicable laws or contravention of standards set by the County Executive Committee Member, (2) No person shall discharge any effluent from any Premises into the sewers of a County Water Service Provider without the consent of the County Water Service Provider. (3) An application for consent shall be made to the County Water Service Provider and shall state— (a) _ the nature or composition of the effluent; (b) the maximum quantity of the effluent which it is discharge on any one day; (c) the highest rate at effluent; and Proposed to which it is Proposed to discharge’ the (d) any other information required by the licensee. (4) The County Water Service Provider's con subject to conditions, including conditions req payments to the licensee of charges for the diseh consent may be given Wuiring pre-treatment and arge,15 2022 Migori County Water and Sanitation No.4 (5)_A person wh ; ener guilty of an offence. 10 contravenes the provisions of this section shall be (6) the County Government i ; Cc 0 provide space for Decentralized Treatment Facility (DTF) for effluent Gigposal. ° Water Pollution Control ree (1) A person shall not throw or convey, oF cause oF license to be oth n fer conveyed, any rubbish, dirt, refuse, effluent, trade waste or ner of fensive or unwholesome matter or thing into or near to any water resource in such a manner as to cause, or likely to cause, pollution of the water resource. (2) A person who contravenes sub section (1) above, commits an offence under this Act. Super n Monitoring and Co-ordination of Water Prov 28. (1)The County Government shall in addition to the works done by the Water Service Providers carry out public works audits within the County for the following purpose (a) the supply, distribution or apportionment of water for use in the County ; (b) protection of any water resource, its source or catchment in collaboration with relevant bodies for that particular purpose; (c) water resource development in form of boreholes, dams among. other: (d) waste water management; (e) water for agriculture and related works in collaboration with the National Irrigation Authority and other relevant bodies; (f) construction of water harvesting and storage systems; (g) recycling treated effluent water; (h) Rehabilitation and restoration of water service infrastructure, (i) any other works done in exercise and performance of the mandate of the County Governments stipulated in the fourth schedule of the Constitution, The County Executive Committee Member shall in consultation (2) with water service providers develop guidelines to direet and guide water wintiors in the County on water quality management and mode of operations (3). The County Executive Committee Member shall in consultation with water service providers and WASREB implement guidelines for setting water tariffs16 No.4 Migori County Water and Sanitation 2022 [ENT OF PART V— DEVELOPMENT AND MANAGEMI WATERWORKS IN THE COUNTY Development and Maintenance of County Water Works. ve it shall develoy 29. (1) The County Executive Committee Member s I 1p Waterworks for water service provision in the County which shall include— (a) implementation of development and_ investment plans for Waterworks proposed in the County Development Plans and policy documents; designing, documentation, post contracting and project management of County water works; o (c) Providing technical assistance to community initiated projects, Non-governmental organizations, National Government agencies and any other; (d rehabilitation and maintenance of County owned and operated water works; e Construction of waterworks for domestic, industrial and agricultural purposes; and (Dany other waterworks development undertaken by the County . (2) The County Executive Committee Member shall undertake the above works in line with Water Resources Management Rules 2007. (3) Where an entity not owned by the County Government develops waterworks, the County Executive Committe: Member shall oversee such development. (4) The County Executive Member may hand over completed County water works for water use to the County Water Service Provider or the Migori Rural Water Board for management, Water Works Priority Schedules 30. (1) The County Executive Committee Member s Water works priority schedule for water works devel based on County development plans and policies, hall develop a pment in the County (2) |The waterworks priority schedule under subsection (1) shall be updated every financial year.7 2022 Migori County Water and Sanitation No.4 (3) The waterworks priority schedule developed under subsection (1) shall guide the activities of all other agencies undertaking waterworks. development in the County. Compulsory Acquisition of Land _ 34. (1) The County Government may compulsorily acquire land within its jurisdiction to develop waterworks for public purposes. (2) The County Government shall abide by the provisions of the Land Act, 2012 in undertaking compulsory acquisition under this section. (3) Where a person donates land for construction of County water- supply infrastructure, the County Executive Committee Member shall ensure that requisite sale agreement signed by both parties before the works commence. Easement for Water Works 32. (1) The holder of a license under this part which authorizes the construction of water works that would, when constructed, be situated upon lands not held by the license holder shall acquire an easement on, ‘over or through the land on which the works would be situated and, unless the works have previously been lawfully constructed, shall not construct or use the works unless and until he has acquired such an easement. (2) The County Executive Committee Member shall ensure that easements held under subsection (1) adhere to the requirements of the Land Act 2012. Borehole Site Identification 33. (1) The County Executive Committee Member and other stakeholders shall in consultation with Water Resource Authority undertake borehole site identification in the county. (2) The County Executive Committee Member shall publish borehole site identification reports annually ‘and undertake necessary steps fo make such reports available to the public. (3) The borehole, site identification report developed under subsection 2 above shall guide borehole drilling, equipping and development ‘activities in the county (4) The CECM shall establish & technical committee to monitor compliance with set standards by WRA. Drilling of Boreholes 34, (1) The County Executive Commits Member in consultation with WRA shall approve and monitor “all borehole drilling activities in the County to ensure compliance with Water Act 201618 No.4 Migori County Water and Sanitation 200 a borehole drilling activity on shall not undertake any a tivity Without a certificate of authorization Se ler Resource Authority in accordance with this Act and Water (3) Borehole drilling works shall be undertaken after authorization by NEMA (4) The County Executive Committee Member shall publish borehole drilling data annually. PART VI— WATER RESOURCE MANAGEMENT Rain Water Harvesting and Storage (1) The County Executive Committee Member shall develop and implement a Rain Water Harvesting and Storage Strategy for the County, (2) The County Government shall promote roof catchment and Waler storage systems at houscholds, public Institutions and business Bre cs Within the County as it shall be prescribed in the strategy from time to time. (3) The County Executive Committee Member shall make Regulations on the requirements for rain water harvesting and storage systems in rural and urban areas, Conservation of Catchment Areas 36. The County Executive Committee Member shall in accordance With the designa cl holly or partly an area from which rainwater flows int Water Resources Management Strategies 37. (1) Upon the designation of catchment area, the Department shall formulate a County water resources management strategy, which shall be in consistent with the National Water Resources Management Rules, in accordance to this Act and the Water Act 2016: (put in place measures 10 fulfil the wate objectives for cach class of water resoure T resource quality ¢ in the catchment (11) describe the measures to be management of water resource: (1) Provide a Strategy for financing the Waler resources sub catchment management Plang (2) The County Executive Committee Member 4 conditions and requirements regulating oF prohibry n urea ty enforce such certain activities in relation to the water conservation19 2022 “ Migori County Water and Sanitation Water Resource Users Associations = ey Executive Committee Member shall collaborate Wasociations bacon Authority and contract Water Resource Users and wate! as agents to perform some functions in catchment protection ind water resource management Soil Conservation within Water Catchment Areas 3 eC . : F 39. The County Executive Committee Member shall in en with department of Agriculture develop and implement policies and strategies for soil conservation. Sub Catchment Management Plans a 40. Each Sub Catchment, represented by the Water Resources sers. Associations shall in consultation with the Water Resource Authority formulate and review a ‘Sub Catchment Management plan, which shall— (i) Provide systems, facilities an water resource within the catchment. No.4 .d incentives to enable users of es of the catchment Participate in managing the water resourc area. ces management plan in force (iii) Each sub catchment water resou! hed in the Gazette. for the time being shall be publis Mobilize resources for implementation of the plans. Monitoring Implementation of Sub Catchment Management Plan 41, The County Executive Committee Member shall collaborate wwith the Water Resources Authority, and the Water Resource Users ye ation to monitor the implementation of sub Catchment management plan. Management of Wetlands 42, The County Executive Committee Member shall develop and gavette wetland management guidelines. 10 consultation with other ‘stakcholders for sustainable management of wetlands. arian Land (iv) Demarcation and Pegging of 43, The County Executive Committee | Member shall in consultation with Water Resource Authority and other stakeholders core the guidelines for demarcation and pegging of riparian lands Prohibited activities on riparian land 44. A person shall not carry out any of the following activities on riparian land tillage or cultivation; clearing of indigenous trees oF vegetavon20 Migori County Water and Sanitation na b) building of permanent structures; disposal of any form of Waste Matin te riparian land; a avati il or development o! aries; planting of (©) Esra fot aa that may have adverse effect to the Water fesource or aay other activity that in the opinion of the Water Resource Authority or the County Government and any other relevant stakeholder may degrade the water resource. ini i i tic trees in subj um distance for planting of exot e ject should bs camped ata minimum of 30m from the river banks of the water body PART VIII— PUBLIC PRIVATE PARTNERSHIPS Public Private Partnerships Policy No.4 (d 45. (1) The County Executive Committee Member shall develop a Public private partnership policy for the County water sector one year after this Act comes into force. ) The public private partnership policy may provide for the following: — (a) "projects identified for public private partnerships; (b) citizen participation and coi Private partnerships; (c) engagement of the youth and women: (@)_ reporting on public private partnershi (©) any ‘other issue that is relevant to such public private Partnership, mmunity involvement in public- ips in the county ; Public Private Partnerships for Water Services Subject to provisions of the Pul Tequisite approval of the Regulator (a) the County Water Service Providers may enter into a public Parte) Pattnership agreement for “the exercise and a ; ny of its functions j ation with the County Exccutive Commi aber a ittec Member. (b) the County Water Service Provi rovii shall serve as the contracting authority w a aul sible. viva Partnership under this ect ua 3 (6) in establishing a public rivate the managing Director anit’ subject to the 4pproval of 4] 46. blic Private i " Partnerships Act 2013 and ry Board urinership under this section, all be part of the contract node: he Board of Directors,21 2022 Migori County Water and Sanitation Public Private Partnerships for Water Works 47. Subject to provisions of the Public Private partnerships Act, No.4 2013. (a) the County Executive Committee Member may enter into a public private partnership agreement with any person for the development and maintenance of water works in the County. (b) the County Executive Committee Member shall serve as the contracting authority when instituting a public _ private partnership. (©) in establishing a public private partnership under this section, the Chief Officer shall be part of the contract node. Hire of County Plant and Equipment 48. The County Executive Committee Member in charge of water services may: - (a) hire out county plant and equipment at prescribed rates for the development ‘of community and household level water infrastructure in line with Migori County Finance Act. (b) ensure proper use and maintenance of Water Department plant and equipment. (©) publicize the availability of the County plant and equipment through the multimedia platforms. inclusion of development of standard operating What about ment and assets? procedures for use, lease of water department equip PART IX—FINANCIAL PROVISIONS Financial Year 49. The financial year shall be the period of twelve months ending on the thirtieth June in each year. Accounts and Audit 50, (1) The Water Service Providers shall keep proper books of account of their respective income, expenditure, assets and liabilities. (2) The annual accounts of Water Service Provider shall_be prepared, reported and audited in accordance with the Public Audit Act 2015 (3) The funds and shall consist of such moncys as may | for the purpose of the S assets of the County Water Service Provider ppropriated by the County assembly ice Provision; (a)22 Water and Sanitation a igori County No.4 Misor! ts undertaken by the Seryigg i investment (b) revenues realized from inves' Provider. (c)_ sales and revenues from ed : other revenue source from s i ived from any lawful source: i ants or monies recer (d) such gifts, grant les, exhauster services a) nd any provision; (d) all monies borrowed from securities market or received as loans all monies -d fre to the Service Provider; E ice Provider shall apply the money provided Cth Whee ave arias aay te a om pected of the functions of the Service Provider and as prescribed under this Act. Sustainability of Water Services 51. (1) The pricing of water supply and sanitation services by the County Water Service Providers shall be such as to facilitate the sustainable provision of water supply as provided for by WASREB, (2) The County Executive Committee Member will undertake a financial needs assessment for Water Service Providers and make necessary financial support, (3)_ The financial support shall be performance based, PART X— GENERAL OFFENCES Staff Impersonation 52: Any person who impersonates as an employee of a water services provider commits an offence and shall upon conviction be liable to imprisonment for a term not exceeding twelve months, or a fine not exceeding Thirty Thousands shillings, or beth, Vandalism of water and sanitation S¢ 53. Any person infrastructure or a ervices Infrastructure who wilfully vandatizes, icility of a water and sani PON Conviction be | © months, or a fi damages, or destroys ion services. provider iable to imprisonment ne not exceeding hundred for a term not exceeding twely Thousand Shillings, or both. Mlegal Connection to Water Services a es Poon Who illegally connects (0, diverts, tampers with sani aeiees lays any pipe and wile for any purpose and or sanitation services provided by ices prove of an offence and upon conviction shall be Tiablerne fam not exceeding twelve months aril - table to imprisonment fo! Thousand Shillings or both, EnOL exceeding one hundred a water sery;2 fe 2022 Migori County Water and Sanitation No.4 (2) Upon conviction the offend : “ha ler shall additionally be liable to a aor the fl value of the water services ‘llewally utilized, with ean ea at the rate of 12% per annum until paid in full, which sae shall be recoverable as a debt owed to the water services Contamination of Water Supply to Domestic Premises a ae (1) Any person who willfully contaminates or pollutes water which is used or intended to be used for domestic supply by discharging contaminants into it, throws waste or other contaminating matter into it or otherwise handles such water in such a manner as to contaminate it shall be guilty of an offence and upon conviction shall be liable to imprisonment for a period of not exceeding two years or to a fine of not exceeding five hundred thousand shillings or both. (2) Any person who supplies or sells water for domestic use which he/she knows or ought to know is not fit for domestic ‘consumption without issuing a Warning to persons who are likely (o consume it to the effect that the water is not fit for consumption and must be treated prior to being consumed is guilty of an offence and Jiable on conviction to imprisonment of not exceeding {wo years or a fine of not exceeding one million shillings or both. (3) _In addition to any sentence that the Court may impose upon @ polluter under subsection (1) of this Scction, the Court may direct that person to— (a) pay the full cost of cleaning up the pollute: Pf removing the pollution; (b) clean up the polluted water re pollution to the satisfaction o} Management Authority. .d water resource and source and remove the effects of f the National Environment and (4) Without prejudice to the provisions of subscetione (1) and (2) of this section, the court may direct the polluter to mest the cost of the pollution to any third parties through adequate compensation, restoration or restitution (5) Any person who commits an offence against any provision of this Act or of regulations made thercunder for which no other penalty is specifically provided is able, upoe conviction, to imprisonment for a Sef not more than cightcen months OF (9 fine of not more than three Kandred and filly thousand shillings or to both such fine and imprisonment Septic Tank Sludge and Onsite Sanitation Management 56, (1) The County Exceutive Committee member shall ay soon as reasonably practicable following rome into effect of this Act, make vsming the sustainable management of sepuc tank sludge regulations £24 ; “ounty Water and Sanitation 2022 Migori County No.4 ster service providers, and disposal of - tanks by exhauster service Providers, including the licensing of ee sludge after collection from sep 2) Operation and management of onsite sanitation js the ed pera a an responsibility of the owner of the premi: Offences by Employees Water Service Providers shall loyees of the County id have wan trom liability and prosecution for any losses arising from action taken in good faith in execution of lawful duties. it i ions loyees of the 2 withstanding (1) above, any actions of employees wales service prover involving solicitation and receiving it bribes and corrupt practices shall be punishable, as appropriate, under Public Officer Ethics Act, Penal Code, or the Anti-Corruption and Economic Crimes Act or their replacement or amendment. (3) An employee of a water services provider who willingly fails to— (i) read a meter when it is supposed to; Gi) disconnect water services to a customer who has defaulted in making payment contrary to rules set by the water services provider; (iii) notify the water services provider of an illegal or unauthorized access and utilization of the water and or services; Commits an offence and shall be yy imprisonment for not exceeding two hundred thousand shill ings or to both. (4)_An employee of a water sery other persons to allow or assis pon conviction be liable to years or fine not exceeding One ices provider who colludes with ; such persons to illegally access and use wen ieeeuices contrary to rules set by the Water cemice provider commits an offence and shall upon conviction be liable to imprisonment for not exceeding six months or a fine not exceeding fifty thousand shillings, or both, (5) For purposes of this section Provider includes a person engaged on cay 4 contractor when performing duties section. employee of a water services fers of service, as well as alling Within the scope of this Enforcement of Eny ironmen: Man; kement and Coordination Act Member for water department shall (a) Enforce regulations throy f Eh polluter pay principle under the EMCA Act and other relevant law ened 58. The Executive Committee25 2022 Migori County Water and Sanitation No.4 (b) Direct treatment of effluent water, re-use or recycle it for irrigation and other purposes in the County; and put in place any other lawful measure for control of pollution. PART XI—MISCELLANEOUS PROVISIONS. Rain Water Harvesting and Storage 59. (1) The Executive Committee Member shall promote houscholds and public institutions access of at least one 10,000 litres rainwater harvesting tanks. (2), The County Executive Committee Member shall undertake a financial needs assessment for the provision and make necessary financial support. Transition Plan 60. (1) The County Executive Committee Member shall publish a transition plan for county water service provision in the Gazette within one year after this Act comes into force. (2). The plan shalll include the following information (a) the criteria for identifying water service provision assets whose ownership belongs to the County and not to individual communities or persons; (b) water service provision assets owned by the County , whether utilized by the County or not; (c) Information on urban and rural areas already being served by a County Water Service Provider; (@) Procedures for taking over Water Service provision assets owned by the County Government but managed by County Water Service Providers. (ce) The dates for effecting management takeover of water service provision systems mentioned in (d) above; (3) The County Executive Committee Member shall undertake public participation while implementing this provision, (4) The County Executive Committee Member shall establish and operationalize the Migori Rural Water Board. Protection from Liability 61. Nothing done by a person exercising authority or a power under this Act shall, if the matter or thing was done or omitted in good faith for the purpose of executing this Act or any rule, regulation or order made under this Act shall not be subjected to any action, suit, claim or demand whatsoever.