Acknowledgements

The study was divided into three components:

• 
  One, desk review and discussions with the client
  
• 
  Two identification of research team, training them and undertaking data collection
  
• 
  Three, data analysis, determination of the water set-up and development of digital virtual maps.
  

1) Water point mapping

2) Water quality sampling and testing

3) Qualitative research through key informant interviews and focus group discussions

Water point functionality mapping was done using a set of questionnaires for rural water points and piped water points. The questionnaires were aligned to the ones used for mapping through Water Services Boards (WSBs) for standardization purposes.

Most data collection was done digitally through android enabled mobile phones integrated to a central data management system for real-time capturing and submission. Questionnaires were coded though Concern Wordwide’s mobile research system, and uploaded as an application unto the phones. This system was designed to enable data entry, capturing of a digital photo of each water point and capturing of GPS coordinates. GPS garmins were also used as back-up to pick GPS coordinates because of problems with network connectivity in Marsabit.

Data collection was done with the support of 8 locally recruited research assistants divided into four teams to cover the seven districts in Marsabit County:

1. 
   North Horr district,
   
2. 
   Laisamis (Marsabit South) district and Loiyangalani district,
   
3. 
   Marsabit(Marsabit Central) district and Chalbi (Marsabit North) district,
   
4. 
   Moyale district and Sololo district.
   

A portable water quality testing kit ‘Paqualab 50’ was used to determine the bacteriological status of the water from sampled water points. This test kit enabled water quality to be tested in line with the World Health Organization (WHO) standards). Sterile conditions were obtained prior to sampling by use of an autoclave and during sampling by using flaming techniques around water outlet points. Sample bottles were either rinsed three times with source water before collecting the sample or rinsed with 70% methanol to minimize the risk of external contamination. For water points installed with taps, the water outlet was flame sterilized using cotton wool soaked in 70% methanol for 20–30 seconds. Water was pumped out to waste for 30-60 seconds to discharge water that had stood for a period in the service pipe if not found in use. The sample bottle was then rinsed and the sample drawn. For the open wells and earth pans/dams, the sample bottle was held by a bottle holder then plunged into the well to a depth of 0.3m below the water level to draw the sample. Microbiological analysis was carried out in-situ so that the microbiological parameters would not change with time.

Sampling was done at the end of the mapping exercise, and was done randomly, but in proportion to the total number of points mapped in each area. Below is the breakdown of sampled points:

The numbers of faecal coliforms were determined using membrane filtration technique. 10ml of sample was put in the sterilized filter apparatus and diluted to 100ml using distilled water. This measured volume of water (100ml) was filtered through a filter membrane using a suction pump. Bacteria were retained on the membrane and into a petri-dish flooded with Lauryl Sulphate Broth incubated, after a recover period of one hour, 44°C for faecal coliforms for 24 hours. If present, bacteria grew into visible colonies that were counted manually. Each test was done using the same procedure for consistency and the results were converted to represent a count per 100ml. To ensure sterile conditions, Petri dishes, medium and forceps were autoclaved (sterilized). After each sample collection, the filtration unit was flame sterilized using 70% methanol.

Following field discussions, it was realized that there were some water points that could have suspect chemical composition. By use of purposive sampling method, nine water points were sampled (5lts per sample) and sent to Nairobi for full chemical analysis. Chemical analysis was conducted at Kenya Water Institute (KEWI).

Focus Group Discussions were conducted among citizens in all the four study areas to get contributions on Citizen Participation, citizen involvement and citizen awareness of issues around water, among others. These FGDs were conducted on groups ranging from 5 – 15 people. A total of 10 FGDs were conducted, with 8 being mixed gender groups and 2 women groups.

Key informant interviews / discussions were also conducted, and these interviews sought to engage various opinion authorities on their understanding of the realities and plans for Marsabit County. Among the Institutions engaged were:

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  Water Resources Management Authority (WARMA)
  
• 
  Ministry of Public Health and Sanitation
  
• 
  Food for the Hungry
  
• 
  District Water Officers
  
• 
  PISP
  
• 
  CIFA
  
• 
  JICA
  
• 
  Ministry of Water and Irrigation
  
• 
  Water Services Trust Fund
  

A water policy was developed in 1999 to guide the water sector in Kenya. This is what laid the ground for subsequent water sector reforms that were rolled out from 2002 after the Water Act was passed.

In 2002 the Water Sector Reforms momentum in Kenya culminated in the enactment of the Water Act 2002 which was gazetted in October 2002. The Act introduced new water management institutions to govern water and sanitation issues in Kenya. With the enactment of the Water Act and subsequent water sector reforms, the Kenya government committed itself to adopting a Human Rights Based Approach (HRBA) in the sector as expounded in the National Water Services Strategy (NWSS). More reforms are expected once the new water policy and new water bill are enacted hopefully in 2013. The National Land Commission Policy, which has lots of interlinkages with the water sector, has already been enacted.

The Water Act 2002 provides the framework for water sector reforms. The reforms revolve around the following four themes:

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  Separation of the management of water resources from the provision of water services.
  
• 
  Separation of policy making from day to day administration and regulation.
  
• 
  Decentralization of functions to lower level state organs
  
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  Involvement of non-government entities in the management of water resources and in the provision of water services.
  

The long-term intention of these water reforms is to contribute to poverty reduction in the country, particularly in the rural and urban poor areas, through the establishment and development of a well managed and sustainable water sector.

The Government of Kenya is committed to water and sanitation governance as demonstrated by the following public documents:

• 
  Water Act 2002.
  
• 
  National Water Services Strategy.
  
• 
  National Water Resources Management Strategy.
  
• 
  Water Services Regulatory Board Tariff Guidelines and Models.
  
• 
  Pro-poor Implementation Plan for Water Supply and Sanitation.
  

• 
  Enhance water resource management.
  
• 
  Increase efficiency in water and sanitation services provision.
  
• 
  Improve customer care and increase customer satisfaction.
  
• 
  Increase development and investment.
  
• 
  Improve professionalism in the sector.
  

The Constitution provides that every person has a right to clean and safe water in adequate quantities, as enshrined in Article 43(d);

The Constitution now provides that County public works including water and sanitation services provision and storm water management are a function of County Governments under schedule four.

4.2 WATER SECTOR INSTITUTIONS

The following are the institutions that have been formed as a result of the Water Act 2002. Though not complete, the New Water Bill and New Water Policy have been under development, and when passed under the next government, will cause some changes in the way the Institutions discussed below are set-up and managed.

Section 83 of the Water Act 2002 mandates Water Services Trust Fund (WSTF) to assist in financing the provision of water services to areas without adequate water. The functions of WSTF include:

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  Mobilizing resources
  
• 
  Ensuring compliance with the rules of funding water services.
  
• 
  Ensuring disbursement of funds; Monitoring, implementation of projects.
  
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  Carrying out technical and financial audits of projects; Appraising applications and proposals for financing of projects.
  
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  Establishing links with Water Service Boards in all parts of Kenya and other stakeholders in the water sector.
  
• 
  Facilitating the efficient administration, management of activities and operations of the Trust Fund.
  

The Water Act has provided for the separation of management of Water Resources from that of Water Supply and Sewerage. Key Functions of Water Resource Management Authority (WRMA) under the water Act 2002 include:

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  Developing principles, guidelines and procedures for the allocation of water resources.
  
• 
  Monitoring and periodically reassessing the national water strategy.
  
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  Issuing, verifying, transferring and cancelling water permits.
  
• 
  Monitoring and enforcing the conditions attached to the water permits.
  
• 
  Regulating and protecting water resources quality from adverse impacts.
  
• 
  Managing and protecting water catchments.
  
• 
  Determining charges and levying water use fees.
  
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  Gathering and maintaining water information and publishing the same periodically.
  
• 
  Liaising with other actors for better regulation and management of water resources.
  

Section 47 of the Water Act 2002 spells out key functions of the Water Services Regulatory Board (WASREB) as follows:

• 
  Issuing licenses for provision of water services.
  
• 
  Determining standards for the provision of water to consumers.
  
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  Establishing procedures for handling complaints made by consumers against licensees.
  
• 
  Monitoring compliances with established standards for the design, construction, operation and maintenance of facilities for water services.
  
• 
  Monitoring and regulating licenses and to enforce license conditions.
  
• 
  Advising licensees on procedures for dealing with complaints from consumers and to monitor the operations of the procedures.
  

Water Service Boards have delineated areas of supply to ensure the provision of water services to all parts of the country. These are: Athi Water Services Board, Tana Water Services Board, Coast Water Services Board, Lake Victoria South Water Services Board, Lake Victoria North Water Services Board, Northern Water Services Board, Rift Valley Water Services Board and Tana-Athi Water Services Board.

Functions of the WSBs, as outlined in Section 53 of the Water Act 2002, are:

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  Efficient and economical provision of water services as authorized by license
  
• 
  Custodianship of Water Services Provision Assets
  
• 
  Contracting, monitoring and enforcing agreements between WSBs and WSPs, in accordance with the regulations set by WSRBs in the licenses.
  
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  Maintaining and acquiring assets, planning development and management.
  
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  Ensuring efficient and economical provision of water services authorized by the license.
  

Various proposals have been advanced in regards to the place of Water Services Boards, in the various drafts of the Bill (2012), with the most popular three being retaining Boards for mutually agreed trans-county infrastructure development, or merging the Boards under a national unit named Water Works Development Board with diminished regulatory oversight over WSPs, or doing away with them altogether.

The Water Act 2002 defines Water Service Providers (WSPs) to include companies, NGOs, community groups and person(s) who must be formally registered under the Societies Act, Chapter 108 of the Laws of Kenya. WSP act as agents of Water Service Boards (WSBs).

The main role of WSPs is to:

• 
  Provide water and sanitation services.
  
• 
  Develop, rehabilitate and maintain water and sanitation facilities of the WSB in their area of jurisdiction.
  

The functions of Water Appeal Board (WAB) as outlined in section 85 and 87 of the Water Act 2002, include:

• Hearing and determining appeals from decisions or orders of the Authority, the Minister or Regulatory Board.

• Hearing and determining disputes in the water sector.

• Performing other judicial functions that pertain to the use and development of water resources;

• Making and varying rules of their procedures from time to time

Draft Bill 2012, propose renaming Water Appeals Board as Water Tribunal. WAB already has several regional offices. It is not clear however, how the tribunal with interface with the already formed Land and Environment Courts.

4.2.7 Water Users Roles and Responsibilities

• 
  Familiarize themselves with the provisions of the legal instruments governing water, irrigation and arid land reclamation sectors.
  
• 
  Observe high level of competitiveness in doing business with the water sector officials.
  
• 
  Provide regular feedback on quality of service through designated “suggestion boxes”, correspondences or verbally.
  
• 
  Not to compromise the water sector officials in any way for rendition of services.
  
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  Give information on adverse incidents on the water sector such vandalism of infrastructure, bursts etc.
  
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  Demand an official receipt for any payment made for delivery of goods and services.
  
• 
  Prompt payment of fees and bills for water resources and services as the case may be.
  

The National Water Conservation and Pipeline Corporation (NWCPC) has the following functions:

• 
  Construction of dams
  
• 
  Drilling of boreholes
  
• 
  Bulky water supply
  

Chart Showing Institutional Framework of the Kenyan Water Sector¹³

The main formal water actors in Marsabit are Water Resources Management Authority (WARMA), District Water Officers (DWOs)/ Northern Water Services Board (NWSB) and District Public Health Officers (DPHOs). WARMA is supposed to issue licenses for water abstraction and coordinate formal water resources and catchment management activities mainly through Water Resources Users Associations (WRUAs). District Water Offices on the other hand are supposed to educate communities on issues relating to water including supporting formation and capacity building of Water Users Associations (WUAs), and supporting in implementation and management of water works/ projects. District Public Health Offices among other functions support sanitation monitoring, sanitation education and issues relating to water quality.

From the exercise, 508 sources were successfully mapped, with 479 of these being rural point sources and 29 rural piped schemes.

People access water from a variety of sources, with shallow wells comprising the bulk of improved water points in the area as illustrated below:

Tanker-trucks form the bulk of unimproved water sources

In relation to water points, 302 (63%) were found to be improved and 177 (37%) to be unimproved. All piped schemes (an additional 29) are classified as improved.

Reasons for non usage are as below with dry/low yielding being the most cited reason.