Mainstreaming the Participatory Approach in Water Resource Governance: The 2002 water law in Kenya
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Mainstreaming the Participatory Approach in Water Resource Governance: The 2002 water law in Kenya O.A. K’AKUMU
ABSTRACT O.A. K’Akumu examines reforms that have been put in place by the Water Act of 2002 in Kenya. He shows that the government remains an active and powerful player in the management of water while local institutions need to be strengthened for effective water resource governance. KEYWORDS water policy reform; public participation; subsidiary principle; institutional frame work
Introduction Water management is undergoing tremendous change involving the deposition of traditional public sector-based management systems for multi-stakeholder governance systems. In Kenya, a new law the Water Act of 2002 (Republic of Kenya, 2002) was passed. It repealed the water statute: the Water Act Chapter 272 of the laws of Kenya. The main objective of the new law is to bring about reforms that will: reduce the government’s role in the sector to policy-making only and establish an institutional framework that would involve other stakeholders for effective management of the sector. The Act is divided into two main parts: Part III ^ dealing withWater Resources Management and Part IV ^ dealing with Water Supply and Sewerage. The governance institutions and instruments established for the water resources management part (Part III) include the Ministry (Minister), the Water Resources Management Authority (WRMA), the Water Appeal Board (WAB) and the Catchment Area Advisory Committees (CAACs) while the instruments include the National Water Resources Management Strategies (NWRMS), the National Monitoring and Information System on Water Resources (NMISWR), the Catchment Management Strategy (CMS), permits and appeals. Studying the Kenyan situation offers lessons on mainstreaming participatory approaches in water governance of water resources.
Participation as principle of policy reform Current reforms in the water sectors worldwide follow from the ideas of the Dublin Statement on Water and Sustainable Development. In terms of water governance, Development (2008) 51, 56–62. doi:10.1057/palgrave.development.1100457
K’Akumu: Water Law in Kenya Principle Number 2, which states that ‘water development and management should be based on participatory approach, involving users, planners and policy-makers at all levels’ is particularly relevant. The Statement tells us in part that the participatory approach means: ‘decisions are taken at the lowest appropriate level, with full public consultation and involvement of users in the planning and implementation of water projects’. To what extent the reforms of a particular country are able to ensure this goal is therefore of interest to policymakers and analysts. The Dublin Statement came as a precursor to the adaptation of Agenda 21. The Agenda stated in its Principle 10 that environmental issues such as water management should be handled with the participation of all concerned citizens (United Nations, 1997). The statement urges nations to facilitate public particip
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