Irrigation (Amendment) Act (No. 33 of 2022)

SPECIAL ISSUE NATIONAL COUNCIL FOR LAW REPORTING LIBRARY Kenya Gazette Supplement No. 123 (Acts No. 33) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 12th July, 2022 CONTENT Act— PAGE The Irrigation (Amendment) Act, 2022 675 2 SEP 2022 .I's.. 3, KE\ 2719234, F ..;X: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 67 5 THE IRRI GATI ON (AMENDMENT) ACT, 2022 N o . 33 of 2022 Date of Assent: 6th July, 2022 Date of Commencement: 26th July, 2022 AN ACT of Parliament to amend the Irrigation Act ENACTED by the Parliament of Kenya as follows— 1. This Act may be cited as the Irrigation (Amendment) Act, 2022. 2. Section 2 of the Irrigation Act, 2019, in this Act referred to as “ the principal Act” , is amended— (a) by deleting the definition of “Department” and substituting therefor the following new def in i t i on— Short t i t le . A m endm ent o f Secti o n 2 o f N o 14 o f 20 19 . “Department” means the State Department responsible for matters relating to irrigation; (b) by deleting the definition of “ irri gation” and substituting therefor the following new def in i t i on— r “ irri gation” means any hydraulic engineeri ng dri ven process, which supplies water to crops or any other cultivated plants, livestock, aquaculture and desired forest tress; (c) by inserting the following new definitions in proper alphabetical sequence— “agency contract” means a legal agreement creating a fiduciary relationship whereby the pri ncipal agrees th at subsequent actions by the agent are binding as if the pri ncipal acted thereupon; “Council of Governors” means the Council of County Governors established under the Intergovemmentd Relations Act, 2012; “ irri gators” means the persons or entities which own, operate or manage an irri gation scheme; “national irri gation scheme” means an area of land designated as such by the Cabinet Secretary through a gazette notice; N o. 2 o f 20 12 . 6 7 6 I rr igation (Amendment) 2022N o . 33 “ transboundary, trans-county or inter county irrigation scheme” means a scheme whose area of coverage lies across at least two administrative county boundaries; and “strategic irrigation scheme” means a national or a county scheme which serves a specific production purpose. 3. Section 3 of the principal Act is amended in subsection (2) by inserting the words “management and regulation” inunediately af ter the word “development” . 4. Section 6 of the principal Act is amended in subsection (2) — A m endm ent o f secti on 3 o f N o 14 o f 20 19 . A m endm ent o f sec ti on 6 o f N o . 14 of 20 19 . (a) by deleting the words and management” appearing in the opening statement and substituting therefor the words “management and regulation” ; (b) by deleting the word “projects” appearing in paragraph (g) and substituting therefor the word “ schemes” ; (c) by deleting the words and management” appearing in paragraph (h) and substituting therefor the words “management and regulation” ; 1 and (d) by deleting the words ‘and management” appearing in paragraph (i) and substituting therefor the words “management and regulation” . 5. Section 8 of the principal Act is amended in subsection (2) by deleting paragraph (j) and substituting therefor the following new paragraph— “ (j) provide, manage, and administer land in national or public irrigation schemes as well as inter county schemes for public use; 6. Section 9 of the principal Act is amended— (a) in subsection (1) — (i) by deleting paragraph (f) and substituting therefor the following new paragraph— (f) two persons of opposite gender and from dif ferent regions, with knowledge and experience in matters relating to water, agriculture, irrigation or environmental studies, appointed by the Cabinet A m endm ent o f sec ti on 8 o f N o . 14 o f 20 19 . A m endm ent o f sec ti on 9 o f N o . 14 o f 20 19 . r 6 7 7 2022 I rr igation (Amendment) Secretary from a l ist of four nominees submitted by the Council of County Governors; (ii) by deleting paragraph (g) and substituting therefor the following new paragraph— (g) one person with knowledge and experience in matters relating to civi l engineering, economics, f inance or rural development, appointed by the Cabinet Secretary from a l ist of three nominees submitted by a registered private sector membership organisation with a national outl ook ; (iii) by deleting paragraph (h) and substituting therefor the following new paragraph— (h) one person appointed by the Cabinet Secretary out of three persons nominated by the National M gation Farmers A ssociati ons; (b) in subsection (4) by deleting the words “or its equivalent in any field” appearing in paragraph (c) and substituting therefor the words “ in water engineering, civi l engineering, agriculture, irrigation or environmental studies.” (c) by deleting subsection (5) and substituting therefor the following new subsection— “ (5) The Board shall adhere to principles of corporate governance and may from time to time establish committees for the better carrying out of i t s f unct i ons.” 7. Section 11 of the principal Act is amended in paragraph (g) by inserting the word “other” immediately before the word “ activity” . 8. Section 13 of the principal Act is amended by deleting the expression “ section 34” and substituting therefor the expression “ section 35” . 9. Section 15 of the principal Act is amended in subsection (2) by deleting paragraph (a) and substituting therefor the fol lowing new paragraph— N o . 33 f A m endm ent o f secti on 11 o f N o . 14 o f 20 19 . A m endm ent o f secti on i 3 o f N o . 14 o f 20 19 . A m end m ent of secti on 15 of N o . 14 o f 20 19 . 6 7 8 N o . 33 I rr igation (Amendment) 2022 “ (a) in consultation wi th the Water Resources Authority, put in place appropriate water use fees structures and make arrangements with the Water Resources Authority in respect of requisi tion of irrigation water in bulk ;” 10. Section 16 of the principal Act is amended— (a) in subsection (2) by deleting the words “the Department” and substituting therefor the words “ the Authority” ; A m endm ent o f sect ion 16 o f N o . 14 of 20 19 . (b) in subsection (3) by deleting the words “the Department” and substituting therefor the words 6 6 the Authority 9 9 11. The principal Act is amended by repealing section 17 and replacing it with the following new section— season n of No. 14 of 20 19 . A d m i n i str at i v e and legal framework w ater sto rage. 17. (1) The Cabinet Secretary shall in consul tation w i th the W ater Resource Authority Secretary, the National Water Storage and Harvesting Authority, the National Land Commission, the Council of Governors and other stakeholders prescribe administrative and regulatory frameworks within existing laws and regulations water storage existing and future irrigating requirements. (2) Without prej udice to subsection (1), the Cabinet Secretary shall ensure that irrigation developments are planned and implemented— (a) in accordance with Integrated Water Resources Management Principles; (b) in accordance with agreements between irrigation water users and other stakeholders; and (c) in such a manner as to reduce conflicts on water resources, protect the environment and public health and share w ater appropriately and equitably for multiple uses. o n 67 9 2 022 I r r igation (Amendment) 12. Section 20 of the pri ncipal Act is amended in subsection (3) by inserting the words “subj ect to mandatory approvals in accordance with regulations” immediately af ter the w ord “ a schem e” . N o . 33 A m endm ent o f secti on 20 o f N o . 14 of 20 19 . 13. Section 22 of the pri ncipal Act is amended in subsection (2) by inserting the following new paragraphs immediately after paragraph (d)— (e) estimated expenditure for development of infrastructure for the development of irri gation; (f) estimated expenditure for the provision of irri gation services and advisory support. 14. Section 27 of the pri ncipal Act is amended in subsection (1) by deleting paragraph (a) and substituting therefor the following new paragraph— A m end m ent o f sect ion 22 o f N o . 14 o f 20 19 . A m endm ent o f secti on 27 o f N o . 14 o f 20 19 . (a) develop and implement a monitoring and evaluation system for the development, governance, management, regulation, provision and financing of irri gation at all levels, including assessment of inputs, outputs immediate outcomes and ultimate impacts based on the results; 15. Section 34 of the pri ncipal Act is amended— (a) in subsection (3) by inserting the following new paragraphs immediately after paragraph (i)— (j) development of irri gation including infrastmcture, frameworks, complementary installations, water harvesting, storage, distri bution and l icensing; and A m endm ent o f sect ion 34 o f N o . 14 o f 20 19 . (k) multi-government consul tat i on .ag en c i es collaboration, cooperation and accountabili ty in the implementation of this A ct. (b) in subsection (4) by deleting the words “within ninety days of the enactment of this Act” appeari ng immediately after the words “ the Gazette” and substituting therefor the words “ within eighteen months of the enactment of this Act or as otherwise determined upon consultation w ith stakeholders” ; ( 16. The Schedule to the pri ncipal Act is amended— A m endm ent o f the Schedu le o f N o . 14 o f 20 19 .(a) in paragraph 2 by inserting the fol lowing new subparagraph immediately after subparagraph (b). 6 80 I rr igation (Amendment) (c) be removed from office by the Cabinet Secretary if the member — (i) contravenes the provisions of Chapter six of the Constitution; or (ii) acts in contravention of codes, policies and procedures in the public service, (b) in paragraph 3, by deleting the word “seven” and substituting therefore the word “five” appearing in subparagraph (4). N o . 33 2022