Kenya’s legislative bodies urged to avert the controversial Water Bill

The Water Services Workers Union has opposed the Water Act Amendment Bill which seeks to privatise the sector, urging the Senate to put on hold the ongoing debate on the controversial bill.

In its petition to the Senate Water Sanitation and Irrigation Committee, the union, led by WaSWU Acting Secretary General Matilda Jebet said that water privatisation move was equal to colonisation.

“We are informed of the amendment process on the Water Act 2016 currently ongoing in both houses of parliament. We are aware that the senate is still deliberating on the proposals submitted by stakeholders before passing their resolutions on the same. Water privatisation is set to kill devolution. Senators, please save us. It is not fair for the private sector to want to sell water to Kenyans,” she said.

Adding that, the provision of public utilities should not be left to the private sector which focuses mainly on profiteering.

“The provision of water is a government obligation and not that of the private sector,” said Jebet.

She spoke on Tuesday at the WaSWU headquarters in Nairobi where water workers had convened in preparation for a march to Parliament to deliver their petition on the Water Act Amendment Bill no 33 of 2023.

This comes amid the just concluded water investors conference which kicked off Wednesday at the Kenyatta International Convention Centre (KICC). The WaterFund is the lead State agency delegated by the Water Ministry to organize for the Water and Sanitation Investors Conference (WASIC).

Jebet said though the Senate is still deliberating on the proposals, many Kenyans are not aware of the bill.

She said privatising water might take away the human rights aspect of water, particularly affordability and safety.

“Access to affordable and reliable drinking water and sanitation are basic human rights, they are indispensable in sustaining healthy livelihoods and maintaining dignity. No private can genuinely take up such responsibility to Citizens,” she said.

Jebet expressed fears that privatising water might compromise its quality as some privateers might focus more on reducing the cost of production.

She said making water a private commodity for profit to the rich, is not only unfair but an abuse of power against the poor and will further widen the inequality gap between the Rich and the Poor in Kenya.

“Making water a private commodity for profit to the Rich, is not only unfair but an abuse of power against the poor and will further widen inequality gap between the Rich and the Poor in Kenya.”

Such calls have also been endorsed by the Council of Governors (CoG) – saying that “the Bill raises the need for consultation between the county governments and the national government in designation of county waterworks as national public waterworks.”

“The Bill should clearly define the County public waterworks and scope of county waterworks…some of the regulations as contained in the water services regulations 2021, may undermine water service provision across the 47 Counties by making it expensive and hence defeating the objectives and purposes of devolution,” said CoG’s Chief executive Mary Mwiti.

Additionally, Ms Jebet said the bill brings forth a multiplicity of institutions and duplication of roles in the water sector against the spirit of devolution – a move that will increase the cost of water.

The cost will further be increased due to the privatisation of water supply as investors will seek to maximise their returns contrary to the spirit of Article 43 of the Constitution.

“Let the Bill be amended to merge all institutions with duplicated roles,” she said.

She said conditions ought to be set to ensure that Water Works Development Agencies do not take over the functions of WSPs arbitrarily.

“Water works development agencies (WWDAs) are unconstitutional and only cling to the funding of county projects,” Jebet said.

“These are Government officials holding on to Water funds contrary to the spirit of devolution.”

She said water companies and their boards in consultation with respective Counties should be allowed to do their infrastructure.

Further, Jebet said the Ministry of Water should release funds instead of insisting WWDAs to do infrastructure which have constantly caused failure in projects.

Jebet added that the bill has weaknesses in its regulations. She said it would be impossible for WASREB to regulate private investments.

“The cost of water will therefore be exorbitant as the profiteer must recoup their investments,” she said.

Jebet also pointed out that the bill neglects waste water management services which she said is unattractive to privateers.

“The profiteers are not interested in Sanitation services to citizens but are only interested in sales of water for profits,” she said.

Jebet also said the bill lacks a provision for the transition of the workforce in case of the transfer of water function to privateers.

She said the looming loss of jobs is staring on water sector workers in case the Bill passes into law.

Jebet said Sections 2 and 32 of the Bill won’t allow for water companies to supply in bulk.

She added that Public to Public partnerships (PuPs) are provided for in the Act yet it is ignored in the Amendment Bill.

The Union’s National Treasurer Patrick Kasimu said they will move to court if the Bill is passed into law.

He said with privatisation, equitable distribution of water might be a thing of the past.

“A privateer might give those with money water first. Instances of feigned water shortage might also become common and it will affect prices,” Kasimu said.

He noted that the public owes water service providers millions in debt, adding that the problem might worsen when the private sector starts selling water.

Jebet expressed fear that private investors are already being sought to sell water to Kenyans, urging the national government to focus on solving the issue of water shortage in the country and not privatization of the sector.

Additional reporting by the Star