Water (Services) Regulations, Legal Notice No. 54 of 2025

t N A 'FI O N A 1. t o I I N C I L F O R L A W R F P O R T I N G L 1 R A R Y SP E C I A L I SSU E 4 2 5 Kenya Gazette Supplement No. 29 28th February , 2025 (Legislative Supplement No. 21) L e g a l N o t i c e N o . 54 T H E W A T E R A C T (Cap -i l l ) THE WATER (SERVICES) REGULATIONS, 2025 A R R A N G E M E N T O F R E G U L A T I O N S Regulation PA R T I - P R E L I M I N A R Y 1— C i tat i o n . 2—Interpretation. 3 —Obj ects of the Regulations 4—Application. PA R T I I - C O U N T Y G O V E R N M E N T F R A M E W O R K F O R W A T E R SE R V I C E S PR O V I SI O N 5—Powers and duties of County Executive Committee Member . 6—County water and sewerage services strategy . 7—The role of the County Director of water and sanitation. 8—A nnual monitoring and evaluation by County Executive C o m m i t tee M em b er . PA RT I I I - EST A B L I SH M EN T , OPERA T ION A N D FI N A N CI N G O F W A T E R SE R V I C E S PR O V I D E R S 9—Establishment of county water and sewerage services providers. 10—Functions of the county water services provider . 11 — Governance of water services providers. 12 —Staff of county water services providers. 13—Finances of county water services providers. 14—County government f inancial support to the water ser v i ces provider . 15—Ring fencing of water revenues. 16—Annual estimates of revenues and expenditures. 17 — A c co u n t s an d aud i t . 18—Private sector participation. 1 Kenya Subsidiary Legislation, 2025■ 4 2 6 19—Information on water services providers. 20—Operation of community water proj ects. PA R T I V - A P PL I C A T I O N F O R L I C E N C E 21 — Application for a licence. 2 2 — Pu b l i c c o n su l t at io n . 23—Application fee. 24—Determination of an appl ication. 25—Obj ections to grant of a licence. 26—Appeals to the W ater Tribunal . 2 7 — I ssu an ce o f a l i cen ce . 2 8 — L i cen ce . 2 9 — M id - ter m r ev i ew o f th e l i cen ce . 30 — R en ew al o f l i c en c e . 31 — Consequences of default for application for renewal . 32—Scope of a l icence. 33—Deposit of performance guarantee or security . 34—Register of al l water services providers. 35—M aps. PA R T V - SY ST EM S A N D ST A N D A RD S FOR OPERA T I ON OF W A T E R SE R V IC E S 36—Operation of water services. 37—Implementation of standards and systems. 38—Schedule of water supply . 39 — Execut ion of w ork s. 4 0 — C o n sen t f o r ex ecu t i o n o f w o r k s . 41 — A pprovals from state authorities. 42—Sampling programme. PA RT V I - EFFL U EN T A N D W A ST EW A T H l D I SPO SA L 43—Effluent and wastewater disposal systems. 44—Effluent and wastewater disposal plan. 45 —Control of trade ef f luent . PART V II - TAJUFFS 46—Implementation of tariff s by water services provider . 47—Appl ication for regular tarif f review . Kenya Subsidiary Legislation, 2025 4 27 48—Extraordinary tarif f review . 4 9 — T ar i f f i nd ex at io n . PA R T V I I I - C L U ST E R I N G 50—Clustering of water services providers. 51 — Proposal for clustering water services providers. 52—Feasibi lity study and report . 53 —Operational ization of clustering. 54—Application for a new service provision area l icence and new tar i f f . 55—Clustering and commercial viabil ity . PA R T I X - B U L K W A T E R SU PPL Y 56—Bulk water supply services by waterworks development agencies. 57—Establ ishment of works for bulk water supply . 58—Application for bulk water supply l icence. 59—Publ ic consultation on appl ication for bulk water supply l i cenc e . 60—Determination of appl ication for bulk water supply l i cence . 61 — Application by j oint authority or j oint committee. 62—Appeal to the Water Tribunal . P A R T X - F E E S A N D L E V I E S 63—A nnual regulatory fee. 64—Sewerage services levy. 65—Water consumption levy . 6 6 — L ev ies b ank ac co u n t . 67 —Inspection of sales records. 68—Operation of levies bank account . 6 9 — A d m i n i str at i o n f ee . PA R T X I - A D M I N I ST R A T I O N O F C E R T A I N W A T E R SU PP L Y A N D I N F R A ST R U C T U R E SE R V I C E S 70—Avai labil ity and development of water sources. 71 — Easements, access rights and property rights etc. 72—Consent for borehole construction within a supply a r e a . 7 3 — C o n tr ac ts w i t h bo r eho le o w ner s . 74—Regulation of water vending. Kenya Subsidiary Legislation, 2025. 4 2 8 75—Closure of unsafe suppl ies of water . 76 Water quality and service standards for rural and u nd er ser v ed a r e a s . 77 —Septic tank sludge management . PART X II - APPROVAL S AND CONSTRUCTION OF WORK S A FFECT I N G IN FR A ST RU CT U RE , ET C . 78—Requirement to obtain water services engineer or c o n t r a c t o r l i c enc e . 79—Issuance, variation, suspension or cancellation o f l i cence . 80—Approval of construction of works. 81—Certif ication of property development works connecting t o w ater m ai n s . 82—Allowing of new water or sanitation f itting. PART X II I - INSPECTION , EV ALUATION AND M ONITORING 83—Inspectorate service. 84—Reporting by licensed water services providers. PART X IV - REPORTING AND RECORD KEEPING 85—Annual reports by the Regulatory Board. 86—National database and geo referenced information sy stem . 87—Annual reports by water services provider. 88—Public reporting and transparency . 89—Obtaining water services data. PA RT X V - COM PL A IN T S 90—Complaints mechanism. 91 — Complaints to the Regulatory Board. PA RT X V I - COM PL IA N CE A N D EN FORCEM EN T 92—Enforcement against licensed water services providers. 9 3 — C u re no t i ce . 94—Special regulatory regime. P A R T X V i r - O F F E N C E S 95—Offences by employees. 96—Impersonation of staff of water services provider. 97—V andalism of water and sewerage services infrastructure. 98—Illegal connection to water services. 99—Contamination of water and supply to domestic premises. Kenya Subsidiary Legislation, 2025 4 29 100 —Of fences on instal lat ion of w orks. 10 1 — B reach of l icence. 102—Misrepresentation by a licensee. 103—Unauthorised transfer of property. 104—Water services inspector. PART XVII I - M ISCELLANEOUS PROVISIONS 105—General penalty. 106 —Revocation . SC H E D U L E S Kenya Subsidiary Legislation, 2025. 4 3 0 T H E W A T E R A C T (Cap . 312) IN EXERCISE of the powers conferred by section 142 o f t he Water Act, the Cabinet Secretary for Water, Sanitation and Irrigation makes the following Regulations— THE WATER (SERVICES) REGULATIONS, 2025 PA RT I - PREL I M I N A RY C i tat i on .1. These Regulations may be cited as the Water (Services) Regulations, 2025. 2. In these Regulations, unless the context otherwise requires— “ A ct” means the W ater A ct ; “Authority” means the Water Resources Authority established under section 11 of the A ct ; “ basic water services” means water services from an improved source that is within thirty minutes return trip collection t ime; “bulk water” has the meaning assigned to it under the sec t i o n 2 o f Interpretation. Cap. 372. the A ct ; “Cabinet Secretary” means the Cabinet Secretary responsible f o r matters relating to water; “Chief Off icer” means a county chief off icer appointed un der section 45 of the County Governments Act responsible f o r t he administration of the county water department; “commercial viability” means, in respect to an urban w at e r services, the ability to meet capital and operation and m ai n tenance costs f rom the water revenue and, in respect to a rural w ater ser v ices o r a water services serving a low income urban area, the abil ity to meet operation and maintenance costs out of the water revenue taking account of the input costs of providing the l icensed serv ice , the extent of non-revenue water , the consumer base, the eff iciency of the serv ice, applicable national and international benchmarks for su stai n ab le w ate r serv ices; Cap. 265. “county directorate” means the county directorate of w ater and sewerage services at the respective county government department; “County Executive Committee Member” has the meaning assigned to it under section 2 of the Act; “county public water works” means public water works o t her than the national public waterworks specif ied in section 8 of the A ct ; “ cure notice” means a notice issued by the Regulatory B o ar d to a licensee or agent to remedy a breach or correct an irregularity ; “customer” means a person who is the buyer or recipient and en d user of w ater serv ices; “ D i rector” means the D irector of W ater Serv ices in the ministry responsible for matters relating to water services; Kenya Subsidiary Legislation, 2025 4 3 1 ‘easement” has the meaning assigned to it under section 2 o f t he A ct ; “ Fund” means the Water Sector Trust Fund established u n der section 113 of the Act; “ licence” means a licence issued under the Act; “ licensee” means a water services provider licensed by the Regulatory Board under the Act; medium water services provider m e a n s a w a t e r se r v i c e s provider with more than f ive thousand but less than t en th o u sand ac t i v e connect ions; “National Environmental Management Authority” means t h e National Environmental Management Authority established under Cap. 387. section 8 of the Environmental Management and Co-ordination A ct ; “price indexation” means a methodology where the price charged for a service is allowed to change by the rate of inflation o v er t h e i n i t i al price with an adj ustment factor (X) -, “Regulatory Board” means the Water Services Regulatory B o ard establ ished under section 70 of the Act; “rural water services” has the meaning assigned to i t u nd er section 2 of the Act; sewerage services” has the meaning assigned to it under sec t io n 2 of the A ct ; “small water services provider” means a water services provider with less than f ive thousand active connections; “ tariff ’ means the fee that a water services provider may charge f or i ts services; “ trade effluent” means any liquid, with or without suspended particles produced as a by-product in the course of any trade or industrial activity undertaken in premises other than domestic premises; “ variation” means any authorized amendment made to a v al id l icence issued under these Regulations; “water action group” means a local community-based organization made up of citizens who have volunteered t o ad d r ess issues which affect consumers of water services; “water sector professional” means a person qualif ied to provide services of a professional chemist, hydrologist, hydrogeologist, engineer, surveyor or other professional service required t o be performed under the Act; “water services” has the meaning assigned to it under sec t i o n 2 o f the A ct ; w ater serv ices inf rastructure and f aci l i t ies’ means netw ork s, facilities, equipment, applications and assets for water production, transm ission , d istr ibut ion , and w aste w ater and f aecal sludge disposal f aci l it ies; Kenya Subsidiary Legislation, 20254 3 2 means the pipes, machinery,“ w ater serv ices instal lat ion' apparatus, appliances, devices, material and equipment u sed o r intended for use by a customer for receipt, distribution o r u se o f w ater supply, consumption or sewerage and faecal sludge disposal system s; “ water services installation licence” means a l icence granted under these Regulations to any person authorizing the carrying out of w ater serv ices instal lation w ork ; “ water services instal lation work” means the installation, alteration, or repair , wholly or partially, of a water serv ices instal lation , but excludes work upon the system of a public water services suppl ier or other licensee carried out by such publ ic water services suppl ier or servant of such public water services supplier acting on his behal f ; “water services provider” has the meaning assigned to i t u n der section 2 of the A ct ; ‘Water Strategy” has the meaning assigned to it under sect i o n 2 of the A ct ; “ W ater T ri bunal ” means the W ater T ribunal establ i shed u nd er sect ion 119 of the A ct ; and “Waterworks development agencies” means the water works development agencies established under section 65 of t he A c t . 3. The object of these Regulations is to provide a f r am ew o r k f o r the regulation, management, operation and financing o f w ater ser v ices i n l i n e w i t h t h e A c t . 4. These Regulations shall apply to the National Government, national government entities, county governments, county government entities and any other person providing water services in Kenya. P A R T I I — C O U N T Y G O V E R N M E N T F R A M E W O R K F O R W A T E R SE R V I C E S PR O V I SI O N 5. (1) A County Executive Committee Member shall be responsible for the provision of water and sewerage ser v ices w i th i n th e county . Objects of the Regulations. Application of the Regulations. Pow er s and du t ies of the County E x ecu ti ve C om m i ttee M em ber . (2) Despite subsection (1), the County Executive Committee M em ber sh al l — periodically review county policies, strategies and plans for the development and provision of water services in l i ne w i t h the national legislation and national standards.; on behalf of the county govern ment put in place and maintain measures and arrangements to implement and give effect to the Constitution, national law and national stand ard s on the provision of water and sewerage services; co-ordinate and oversee the development and provision o f water and sewerage services within the county ; (a) (b) (c) Kenya Subsidiary Legislation, 2025 4 3 3 (d) mobi lise f inancial and other resources for the development of county public waterworks for provisions of water an d sewerage services; (e) implement the measures to secure the achievement o f uni versal access to basic w ater and sani tation serv ices w i th i n the county for a specified period; and (f) prepare and submit to the county assembly, a report o n the state of water and sewerage services in the county o n a quarterly basis. (3) In the performance of the functions under this Act , the County E x ec u t i v e C o m m i ttee M em ber sh al l — (a) consult and co-ordinate with departments, agencies and entities of the national and county government whose functions affect the development and provision of water and sewerage services in the county ; (b) consult with relevant stakeholders including non governmental organisations, the private sector and c o n s u m e r groups in the water sector; and (c) be assisted by a director of water and sanitation ser v i ces w ho shall be a technical off icer in the county public service. 6. ( 1) The County Executive Committee M ember shal l , in every County water and five-year period and through public consultations, formulate a county water and sewerage services strategy which shall provide f o r — (a) information on areas within the county in which a c c e s s t o basic water and sewerage services is inadequate; (b) plans and measures for the development and continuous improvement of water and sewerage services within the county ; (c) an investment programme and a timeframe for the development , expansion and improvement of water and sewerage services in the county ; (d) pursuant to paragraph (c), the water and sewerage ser v ic es provision targets for the county and sub-counties, and propose specif ic measures through which to enhance real ization of the targets; (e) institutional and financial arrangements and measures f o r t he improvement of access to basic water services within t he rural areas and underserved urban areas; (f ) measures to facil itate the provision of water services i n t h e county on a commercial ly viable and sustainable basis; (g) criteria and procedures for the provision by the county government of f inancial , technical and other assistance t o county owned water services providers and community w a t e r services providers; sew erage serv ices str ategy . Kenya Subsidiary Legislation, 2025. 4 34 (h) a plan and targets to reduce and manage levels o f no n revenue water by county water service services providers; (i) an investment program including the period required t o and sustain availability, supply and storage of bulki n c r e a s e w ater ; (j) identification of all community water services providers within the county and a strategy for monitoring the quality of water services provision; (k) details of the number and location of persons who a r e n o t being provided with a basic water supply and sewerage o r sanitation, including details of the plan for intervention t o rectify this; (1) a programme for the development of water sources, including cross-county bulk water sources to secure availability for adequate water services provision, including an investment programme; and (m) investment programme for the development and expansion of sewerage infrastructure based on an assessment of need s . (2) The purpose of the county water and sewerage services strategy shall be to fulfil the fundamental human right to c lean and saf e water in adequate quantities and the right to reasonable standards of sanitation in line with Article 43(1 )(d) of the Constitution. (3) The county water services strategy shall be reviewed af ter every f ive years. (4) Every county public officer and county entity undertaking functions under these Regulations shall , implement the county w ater and sewerage services strategy . (5) Every water services provider, including private w a t e r services providers and every community water services provider operating in the county shall take into account the county w ater services strategy in its plans and programmes. 7. The county director of water and sanitation shall— T he ro le o f the County Director of w ater and sani tat i on . (a) provide technical support and advice to the County Executive Committee Member in the discharge of functions under th i s A ct ; (b) implement and give effect to the county water and sew er age services strategy; (c) register water services providers operating within the county ; (d) on the basis of a collaborative framework established between the county government and the Regulatory Board, enforce rules, guidelines and standards for the provision o f water services within the county ; Kenya Subsidiary Legislation, 2025 4 3 5 (e) collect , col late, analyse information and disseminate d ata o n water and sewerage services in the county ; (f ) maintain an inventory of the county publ ic waterworks comprising of assets, facilities and other infrastructure f o r the provision of water and sewerage services; (g) in consultation with the County Executive Committee Member, provide operational , technical and financial support to community water services providers operating within t he county ; and (h) on the basis of a col laborative framework establ ished between the county government and the Regulatory Board, receive and address complaints regarding the provision o f water services within the county . 8. ( 1) The County Executive Committee M ember shal l , o n a n annual basi s, w i th the technical assi stance of the county director and in consultation with the Regulatory Board, monitor and ev al u ate t he performance of each water services provider to ascertain t he ex ten t o f compliance with the county water services strategy and performance targets. A nnual monitoring and evaluation by County Executive C om m i ttee M em ber . (2) The County Executive Committee M ember shall , based o n the monitoring and evaluation report , take appropriate r em ed i al m easu res to ensure the continuous improvement of the standard and qual ity of water and sewerage services provided by water services providers operating in the county . PA RT II I - ESTA BL ISHM ENT , OPERATION AND FINANCING O F W A T E R SE R V I C E S PR O V I D E R S 9. (1) The county government may, pursuant to section 7 7 o f t he Act and through incorporation of a l imited l iabil ity company , establ ish one or more county entities as a water and sanitation services provider or providers as the case may be. (2) A county water services providers established under sec t io n 77 of the Act shall be a body corporate with perpetual su c cessio n and a common seal and shal l , in its corporate name, be capable o f — (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of moveable and immovable property ; (c) borrowing money; (d) entering into contracts; and (e) doing or performing all other things or acts necessary f o r t he proper discharge of its functions under the Act and t hese Regulations which may lawfully be done or performed by a body corporate. (3) The County Executive Committee Member shall , in consultation with the Regulatory Board, assign to each county w ater E stab l i shm ent o f county water and sewerage serv ices providers. Kenya Subsidiary Legislation, 20254 3 6 services provider established under this regulation a water supply area which covers the whole or a portion of the county . (4) In determining the area of supply of a county water ser v i ces provider, the county executive committee member shall t ak e acc o u n t o f and give effect to the operation within the whole or part of the proposed supply area of community or private water services providers. (5) Where the assets for the provision of water services in part of the supply area of the county water services provider belong to a community water services provider, the county water services provider shal l , in accordance with the guidelines issued by the Regulatory Board on provision of water services in rural and underserved areas, enter i nto an agreement with the community water services provider t he ter m s o f which may provide— (a) for the county water services provider to take o v e r responsibility for the provision of water services i n t h e area of supply of the community water services provider and u se or acquire the assets and facilities of the community w a t e r services provider on terms which may include the payment of lease fees or compensation for the assets; (b) that the community water services provider continues t o provide water services as an agent or a sub-contractor o f t he county water services provider; (c) that the community water services provider may purchase water in bulk from the county water services provider; (d) for the provision of technical and capacity building support to the community water services provider by the county water services provider; and (e) eff icient and cost-effective provision of water serv ices, consumer protection and accountabi lity within the area supplied by the community water services provider. 10. ( 1) A county water services provider shall — (a) be responsible for the provision of water services; (b) develop and manage the related infrastructure and f aci l i t ies, within its water supply area; and (c) subject to paragraph (b), hold the assets on behalf o f th e county government and county public waterworks. (2) The county water services provider referred to un der sub regulation (1) shal l — (a) be a legal person and a corporate entity managed and accounted for as an independent or separate business enterprise; (b) have the exclusive right to provide water services w i th i n i t s area of supply ; Fu nc ti ons o f the c oun ty w ater services provider . Kenya Subsidiary Legislation, 2025 4 3 7 (c) provide or put in place arrangements to provide w a t e r services to al l consumers in its area of supply in l i ne w i t h t he set connection requirements; (d) apply for and maintain a licence issued by the Regulatory Board in order to undertake the provision of water ser v i ces within its area of supply ; and (e) with the approval of the County Executive Committee Member and the Regulatory Board, contract out aspects o f its functions to a private water or sanitation services provider, a community water services provider or another county entity which has the requisite capacity to provide w ater ser v ices . 11. (1) Each county water services provider shall have a bo ard o f Governance of w ater serv i ces providers.directors comprising between seven and nine members w h i c h sh al l guide and direct the performance of its functions. (2) The rules and procedures governing the appointment, composition and qualif ications of members of the board o f d i r ec to r s o f a county water services provider shall give effect t o stand ar d s and guidelines set by the Regulatory Board but shall not derogate from the following minimum standards — (a) members of the board of directors shal l have— (i) a minimum of a bachelor ’s degree in business systems or management systems, f inance, engineering, human resource, information technology or law , or be a certif ied public accountant or hold a qualif ication in any other relevant professional f ield; and (ii) at least seven years working experience in line w i t h t he guidelines set by the Regulatory Board from time to t i m e : Provided that, the requirement for seven years working experience shall not apply to representatives of the youth, (b) without prej udice to paragraph (a), with the approval o f t h e Regulatory Board, directors for small and medium water services providers shall possess at least a diploma o r i t s equivalent in the f ields provided in sub regulation (a) , w ith a minimum of seven years working experience in senior positions; (c) board of directors shall have among its members p er so n s who represent different categories of consumer groups an d other stakeholders in the area of supply of the water se rv ic es provider; (d) board of directors shall not have among its members a person who, at the time of nomination for appointment, i s serving as an elected member of a county government, ho ld s office in a political party, or is a serving member o f Parl iament or of the county assembly ; Kenya Subsidiary Legislation, 20254 3 8 (e) the chief off icer for water and the chief of f icer f o r f i n anc e shall represent the county government in the Board; an d (f ) members of the board of directors, other than publ ic o f f i cer s representing the county government , shall be appointed following stakeholder participation and the appointing authority shall ensure that not more than two thirds o f t he members are of the same gender . (3) The term of the members of the board of the county w ater and sewerage services provider shal l be three years renewable o nc e w h i c h term shal l not be affected by the expiry of the term o f o f f i ce o f th e county government . (4) The business and affairs of the boards shall be co nd u cted i n accordance with the corporate governance standards set by the Regulatory Board from time to time. 12. (1) A county water services provider shall employ a M anaging Director and other staff necessary for proper performance of its functions as a l icensed water services provider . (2) The terms and conditions of employment shall be approved by its board of directors in compl iance with the water secto r b enc h m ar k on personnel remuneration as set by the Regulatory B o ar d i n l i ne w i t h the guidel ines issued by the Salaries and Remuneration C om m i ssi o n . (3) The executive staff of a county water services provider shal l be appointed in accordance with the cri teria set out i n t he F i r st Sch ed u le . Staf f of county w ater ser v ices providers. (4) A person employed by a county water services provider sh al l be a public off icer and shal l be subj ect to the laws govern ing the conduct of publ ic off icers. (5) Without prej udice to sub regulation (1), a Managing D i rec to r of a water services provider shal l serve for a term of f ive year s w hich may be renewed once subj ect to satisfactory performance. 13. The funds and assets of a county water services provider shall F i nances o f county w ater serv ices providers. co n si st o f — (a) such monies as may be appropriated by the county assembly for the purposes of the county water services provider; (b) any monies or property which may in any manner a c c r u e o r vest in the county water services provider in the course o f th e exerci se of its f unctions; (c) such monies as may become payable to the county w a t e r services provider by way of tariff s, fees and other charges in respect of services rendered by or through it ; and (d) al l monies from any other sources donated, lent or granted to the county water services provider . 14. Pursuant to regulation 13 (a), the county government may , in appropriate cases, provide f inancial assistance to enab l e a w ater County gov ernm ent f inancial support Kenya Subsidiary Legislation, 2025 4 3 9 services provider which satisfies the criteria stipulated in the county water services strategy meet a portion of its operation an d m ai n ten anc e c o s t s . to the w ater services provider. 15. ( 1) Pursuant to section 130 of the Act , the funds of a county water services provider and the revenues arising from provision of water services by a county water services provider shall not form part of the general revenues of the county government but sh al l be retai ned by the water services provider for its purposes. (2) Any excess of revenue over expenditure at the end o f t h e financial year shall not be paid over to the county government but shall be retained by the county water services provider to be u sed f o r th e improvement of water services within the area of supply of the county water services provider . (3) Every water services provider shal l establ ish and m ai n tai n a contingency fund into which it shal l pay a portion o f i t s rev en ues to be used to pay for emergency repairs and meet the costs arising from unforeseen occurrences which can disrupt the provision o f w ater ser v i ces . Ring fencing of w a t e r r e v e n u e s . 16 . ( 1) N ot less than six months bef ore com mencement o f eac h f inancial year , the Board of a county water services provider shall cause to be prepared, estimates of the revenue and expenditure for that y ear . A nnual est im ates o f re venues and expenditures. (2) The annual estimates shall make provision for — (a) all the estimated capital and recurrent expenditure o f a county water services provider for the f inancial year concerned ; and (b) such amounts as are required to pay any portion o f t h e principal or interest of loans or advances if any secured by or on behalf of the water services provider to fi nance the capital costs of developing or rehabi litating infrastructure o r acquiring equipment and other assets for the provision o f w ater ser v i ces . (3) The Board shall submit the estimates to the County E x ec u t i v e Committee M ember for approval and inclusion in the annual budget of the county government . (4) No expenditure shall be incurred for the purposes of a county water services provider except in accordance with the an n u al est i m ates approved under these Regulations. 17. ( 1) Every county water services provider shal l keep proper books of account of its income, expenditure, assets and l i ab i l i t i es . (2) Within three months after the end of each fi nancial year the Board of each county water services provider shal l sub m i t to t he Auditor-General the accounts in respect of that year , together with— (a) a statement of the income and expenditure during that year ; A ccounts and aud i t . an d Kenya Subsidiary Legislation, 20254 4 0 (b) a statement of the assets and liabilities as at the last day of that f inancial year . (3) The annual accounts of a county water services provider shall be prepared, audited and reported upon in accordance w i th t he provisions of Articles 226 and 229 of the Constitution and appl icable national and county government legislation. 18. (1) Subject to the Public Private Partnerships A ct or other Private sector participation. Cap 430 .applicable law, a county water services provider may, in an appropriate case, engage in a public private partnership or other appropriate contractual arrangement for the development and operation o f w ater services infrastructure or the provision of water or w astew ater and faecal sludge disposal services. (2) Any assets and infrastructure developed under a publ ic private partnership to be used for the provision of w ater o r sew er age services shal l be deemed to be publ ic property and upon the expiry or other termination of the public private partnership agreement shal l be vested in and be owned by the county government or county w ater services provider . 19. (1) For purposes of the register of water services providers maintained by the county directorate, each water services provider shal l , within twelve months of the coming into effect o f t hese Regulations or, in respect to water services providers estab l i shed af ter the coming into effect of these Regulations, within tw el v e m o n th s o f i t s establishment or such longer period as the County Executive Committee Member may allow, the water services provider shal l submit to the county directorate and to the Regulatory B oard , i n f o r m at i o n o n — (a) the area it supplies water services; (b) the number and location of customers served; (c) an inventory of the facil ities and infrastructure av ai l ab le to i t for the provision of water services; (d) particulars of its board of directors or management committee and staff including the technical qualif ications o f i ts staf f ; (e) the tarif f and other fees it charges; (f ) particulars of its liabi lities; (g) the status of its application for a licence and, i f l icensed , a copy of the licence; (h) plans and programmes for the improvement of water ser v ices it provides; and (i) such other information as the County Executive C o m m i ttee Member or the Regulatory Board may reasonably require. (2) The water services provider shall by the end of Ju ne o f eac h calendar year, notify the County Director responsible f o r w ate r and I nf o rm at io n on w ater serv ices providers. 4 4 1Kenya Subsidiary Legislation, 2025 sanitation services and the Regulatory Board, of material changes to the information provided in the previous year and the County D i rec to r and the Regulatory Board shall as soon as practicable thereafter update the register . (3) The register shall be posted on the website of the department responsible for water in the county and the Regulatory B oard , and , and it shall be open for inspection by members of the public at t he o f f i ces of the county government and the Regulatory Board during n o r m al working hours. 20. (1) The County Executive Committee Member shall f aci l i tate Operation of community water proj ects.the development and operation of community or private w ater ser v ic es providers in rural areas within which the county water ser v i ces providers do not provide adequate water services. (2) Where, following viability studies, it is recommended th at community water services providers should form associations i n o rd er to achieve their objectives, the County Executive Committee M em ber shall put in place appropriate measures to facilitate suc h asso c i at i o n s . (3) For purposes of enhancing the efficiency and cost effectiveness of the water services provided by community w a t e r services, the County Executive Committee Member may put in place measures to encourage community water services providers t o consol idate and outsource to a common services provider , ser v i ces including billing services, pump maintenance services and o t her si m i l ar services or engage the services of a contractor to provide professional management services. (4) A community water services provider which takes steps to enhance efficiency and cost effectiveness through clustering, outsourcing of services or engagement of professional management services among other measures shall be eligible to f inanci al , technical and other support from the county government prior to achieving f inancial viability . PA RT IV - A PPL ICA T I ON FOR L I CEN CE 21. (1) Within twelve months from the date of commencement o f these Regulations or such extended period as the Regulatory B o ard may, on a case-to-case basis, allow persons providing or intending to provide water services to apply to the Regulatory Board f o r t h e i ssuance of a l icence in accordance w ith sect ion 74 o f t he A c t . (2) An application for a licence under sub regulation ( 1) shal l Application for a l icence . co m p r i se — (a) a duly completed application form in the prescribed f ormat ; (b) a map of the proposed service area; (c) documents of incorporation of the water services provider including evidence that its board is compliant with sec t io n 7 9 and 80 of the Act and these Regulations; . 4 4 2 Kenya Subsidiary Legislation, 2025 (d) a statement evidencing the appl icant ’s administrative, technical and fi nancial capacity to provide the services and perform the functions authorized by the licence; (e) a plan for the provision of eff icient , affordable and sustainable water services including as appropriate d etai l s o f planned infrastructure improvements; (f) a proposed tarif f structure dif ferentiating dif ferent c l asses o f consumers and dif ferent categories of water use whether domestic, industrial , commercial , institutional , agricultural and others, including a proposed tarif f for the disposal o f domestic w astew ater and trade ef f luent ; (g) a letter of support f rom the respective county government ; (h) required permits and authorisations including a b u si ness l icence, water use permits, an environmental impact assessment l icence where required, and county government planning permission for planned inf rastructure proj ects where practicable; (i ) evidence of stakeholder consultation; and (j ) any other information as may be required by the Regulatory B o ar d . 22. ( 1) In determining an appl ication, the Regulatory B o ard Pub l i c consu l tat i on .sh al l — (a) undertake publ ic participation and consult the county government and the stakeholders l ikely to be affected; (b) notify the publ ic by publishing in at least one daily newspaper of wide circulation in the county , radio, w eb si tes and other means of publ ic dissemination in simple language, and shall ensure that the notice of the publ ic consultation i s widely disseminated to residents and stakeholders; (c) provide suffi cient information to members of the publ ic within the geographical area where the applicant intends t o se r v e ; (d) al low for adequate time for consideration of views and proposals by the county government and members of the public; (e) set out the procedure by which, and the time within w hich , submissions shal l be made; (f) take into account the comments and proposals submitted under sub regulation (3); and (g) convene a meeting to discuss the views of the respective county government , whether before or af ter the written submissions in sub regulation (3) . (2) W here the Regulatory Board does not receive a written response from a county government after an invitation to su b m i t Kenya Subsidiary Legislation, 2025 44 3 wri tt en views under sub regulation ( 1) , the Regulatory B o ar d sh al l proceed to determine the application. (3) For purposes of this regulation, any wri tt en communication t o a county government shall be addressed to the County E x ec u t i v e Committee M ember with a copy to the County Secretary and sh al l be del ivered and a return on del ivery received. 23. The Regulatory Board shall charge an application f ee as d eter m i n ed u n der sec t i o n 89 o f th e A ct . A pplication fee. 24. (1) The Regulatory Board shal l make a determination o n a n appl ication for a licence within six months after the applicant lodges an appl ication. D eterm inat io n o f an application. (2) Where the Regulatory Board does not determine the appl ication within six months of receipt of the appl ication, any fee charged by the Regulatory Board under section 86(3) o f t he A c t sh al l be refunded to the appl icant . 25. ( 1) A ny person opposed to the grant of a licence may obj ect in wri ting to the Regulatory Board. (2) The Regulatory Board shall notify the water services provider and the obj ector of its decision, and in the event of rej ection of an appl ication or obj ection, of the reasons for the decision. 26. An appl icant or person who obj ected to the appl ication m ay , if aggri eved by the decision of the Regulatory Board, appeal to the Water Tri bunal within thirty days of formal notif ication o f th e d ec i si o n by the Regulatory Board. 27. The Regulatory Board may , upon consideration of a n appl ication for a licence, issue an applicant with a l i cen ce i n ac co r d an ce w i th t he A ct . 28. (1) A l icence issued by the Regulatory Board shal l be v al i d for such peri od as may be determined by the Regulatory B o ard b u t no t exceeding ten years. (2) The Regulatory Board may issue a l icence to an applicant if it is satisf ied that the applicant has— (a) a demarcated area of supply ; (b) appropri ate ski lls and capacities to provide the l i c en sed serv ices; (c) commitment from the county government and other f inanciers to support the costs of infrastructure development and network expansion as outlined in the l icensee’s b u si ness plan and, to the extent necessary , recurrent expenditure t o attain sustainabi lity ; (d) possession of water permits from identif ied sources f r o m the Authori ty and sewage discharge permits fr om the Authori ty and, as applicable, the National Environment M anagement Authority ; Obj ections to grant of a l icence. A ppeals to the W ater T r i bunal . I ssuance of a l i cence . L i cence . Kenya Subsidiary Legislation, 20254 44 (e) possession of infrastructure, networks and facilities f o r w ater production, treatment, transmission, storage and distribution and infrastructure for waste water and faecal sludge col lection, storage, treatment and disposal or reuse; (f ) an initial draft three-year business plan showing reso ur ces o f water, capital outlays, estimates of water to be sold an d revenue projections to attain sustainability; (g) a tariff structure including a structure for the receipt into its system and disposal of waste water and domestic eff luent which complies with standards set by the Regulatory B oard ; (h) a framework for engagement with community and other water services providers providing water services in t he l icensee ’s serv ice area; (i) the population to be served and growth projections as w el l as a strategy and a timeframe for achieving universal a c c e s s t o a sustainable water supply and sanitation service; and (j ) met the requirements in the commercial viability c r i ter i a specif ied by the Regulatory Board. 29. The Regulatory Board shall undertake a mid-term r ev iew o f the l icence and evaluate performance on all the conditions o f t he l icence and the targets set and shal l issue any orders and impose any conditions and targets to ensure eff icient and economical supply of water in the l icensee’s area of supply . 30 . A l icensee may renew his or her licence provided th at th e application for renewal of the l icence is made at least si x m o n th s bef o r e the expiry of the licence in accordance with the provisions o f sec t i o n 74 o f th e A ct . M id - term rev iew of the l icence . R enew al o f l icence . 31. Where a water services provider , without due cause, f a i l s t o submit an application for renewal of a l icence on time, the Regulatory Board may place the licensed water services provider under the special regulatory regime pursuant to section 102 of the Act . 32. ( 1) A l icence issued by the Regulatory Board to a w a t e r services provider shal l empower the licensee to- (a) develop and maintain infrastructure and networks f o r th e provision of water within its area; (b) develop and maintain infrastructure and networks f o r t he safe reuse, recycl ing or disposal of waste water or f aec al sludge within its area; (c) promote the use of recycled or treated wastewater f o r landscaping, construction and industrial use; (d) purchase, lease or acquire, premises, plant , equipment and faci lities for provision of water services within i ts ar ea o f water services provision in the county ; Consequences of def au l t f o r application for renew al . Scope of a l i cence . Cap. 280 . Kenya Subsidiary Legislation, 2025 44 5 (e) purchase, lease or otherwise acquire land or request f o r i t s compulsory acquisition in accordance with section 110 o f t he A ct and the L and A ct ; (f ) impose on consumers and collect the tariff approved by the Regulatory Board; (g) impose a charge for accepting into its sewerage system and treating wastewater from industrial and other trade premises within its supply area and, where it provides desludging o r exhauster services, impose a charge for treating the f aec al sludge or wastewater; (h) enter into agreements with any person, whether i n t he f o r m of a public private partnership, sub-contract, agency o r otherwise for the provision of the licensed services or a part of them ; (i) undertake works which are necessary or required f o r t he protection of or collection, conveyance or treatment o f t he water resources which the water services provider is authorised to abstract , impound or divert for the purposes o f providing the licensed services; with the approval of the Regulatory Board, prohibit o r restrict with respect to the whole or any part of the l i cen see ’ s area of supply, the use of potable water for such purposes a s the licensee may specify where, and during periods w hich , i n the licensee’s opinion there is a serious deficiency o r th r eat of deficiency of water available for distribution and supply ; (k) approve, authorise, restrict or prohibit acts or o m i ssi o n s which pose a risk of damaging, destroying or compromising the integrity of the infrastructure, works or facilities used by the licensee for the provision of the licensed water o r sewerage services; (1) take appropriate enforcement action against persons w h o damage, destroy or compromise the integrity of infrastructure, works or facil ities used by the l icensee f o r th e provision of the licensed water or sewerage services; an d (m) provide services which are necessary and incidental to t he provision of the licensed water services. (2) The restrictions in sub regulation (1) (j) may i nc l u d e suc h uses of potable water as the Regulatory Board may approve including construction of buildings, road construction, commercial and i n du st r i al activities, landscaping or similar non-domestic uses. (3) A licence issued by the Regulatory Board to a water ser v i c es provider shal l not — (a) confer any rights of proprietorship over water ser v ic es i nf rastructure; or (b) be capable of being sold, leased, mortgaged, transferred, attached, assigned, demised or encumbered without the (1) 4 4 6 Kenya Subsidiary Legislation, 2025 approval in wri ting of the Regulatory Board and the county government . 33. The Regulatory Board may require a water services provider to deposit a guarantee or other acceptable securi ty for the purpose of securing payment of any expenses recoverable from the l icensee, f or or towards the costs incurred in discharging the functions o f t he l i c en see i n c ase o f d ef au l t . 34. (1) The Regulatory Board shall establish a comprehensive register of all the water services providers which sh al l i nd i c ate — the location and address of each water services provider; (b) in the case of a registered association, or public b enef i t organization, the nature of the association or organization and the particulars of its registration; (c) the conditions if any attached to the licence; (d) the daily yield of the source used by each water ser v i ces provider; (e) the volume of water sold by each water services provider; the quality of water sold by each water services provider; (g) the quality and quantity of eff luent or faecal sludge treated or disposed of ; and (h) the tariff charged by the water services provider. (2) The register shall be a public document accessible f o r inspection at no charge and shall be publicized, or posted on the Regulatory Board’s website and placed at such places as the Regulatory B o ar d sh al l d eter m i ne . 35. (1) On the basis of information provided by the w ater serv i ces provider the Regulatory Board shall maintain and update o n a b i an n u al basis the following maps— (a) the service area map showing the licensee’s network o f w ater and sewerage faci lities; (b) a map showing the areas in which the licensee provides services through an agreement or other arrangement w i th a community or other water services provider; and (c) a map showing unserved areas. (2) The maps shall be stored in digital and hard copy f o r m at an d shall be available on the website of the Regulatory B o ar d . PA RT V - SY ST EM S A N D ST A N D A R D S FO R OPERA T I ON OF W A T E R SE R V I C E S 36. A water services provider shall be managed on a co m m er c i al basis and in accordance with sound business principles. 37. A water services provider shall Implement- Deposit of guar an tee o r security . Register of al l w ater serv i ce providers. (a) (f) M aps. Operation of w ater serv i ces. Implementation of stand ar d s and Kenya Subsidiary Legislation, 2025 4 4 7 (a) a tari f f which— (i) in an urban area enables the water services provider t o meet the capital , operation and maintenance costs of providing the licensed water services without recourse t o publ ic funds; (ii) in a rural , low income urban or peri-urban area en ab l es the water services provider to meet the operation and maintenance costs of providing the licensed water services without recourse to public funds; and (iii) without prej udice to sub paragraphs (i) and (ii), a county government and the national government may extend fi nancial support within a specifi ed period to ensure continuity of service provision in urban, peri-urban an d r u r al ar eas , (b) a non-revenue water management system which is compliant with standards established by the Regulatory Board; (c) fi nancial , commercial , management and administrative systems to enable it operate an effi cient and cost-effective w ater serv ices; (d) a workplace occupational health and safety systems compliant with legal standards; (e) consumer satisfaction monitoring and customer complaints handling procedures and systems; and (f) legal compliance and compliance monitoring systems. 38. (1) A water services provider shall establish, publ icize and implement a schedule of water supply according to which it suppl ies w ater ser v i ces . (2) On each occasion of a planned interruption in the schedule, a water services provider shal l notify customers who are l ikely to be affected by the interruption not less than twenty-four hours prior to the planned interruption and shall indicate the expected duration of the interruption. (3) Where an unplanned interruption occurs to water serv ices, the water services provider shall notify customers as soon as reasonably practicable and, in any event, not less than twelve h o ur s af ter t he discovery of the interruption and keep customers fully appraised on the progress being made to redress the cause of the interruption and th e expected time or day of resumption of normal service. (4) Where an interruption in services extends for a period longer than seven days the water services provider shall take rem ed i al measures to the extent practicable to provide consumers w i th a b asi c supply of water through bowsers and other mobi le means. (5) Where such interruptions arise from damage to pipes o r o ther infrastructure by a contractor carrying out works the co n tr ac to r sh al l repair the damaged pipes or infrastructure within such t i m e as th e w ater systems. Schedu le o f w ater supply. Kenya Subsidiary Legislation, 2025. 4 4 8 services provider stipulates and, pending the restoration o f th e w ater supply, the contractor shall meet the costs of providing an al ter n at i v e water supply to the affected consumers. 39. A water services provider may, on any land belonging t o i t o r on land over which i t has acquired any necessary easement or right , construct and maintain drains, sewers and other works for intercepting, treating or disposing of any foul water arising or f lowing upon such land or otherwise preventing water belonging to the w ater ser v ices provider or which it is for the time being authorised to abstract , f rom being pol luted. 40. Prior to construction of the works under regulation 39 , the water services provider shall obtain consent of the Authority if the proposed work will affect or is likely to affect any w a t e r r e so u r c e . 41. A licensed water services provider, may, with the co n sen t o f the road authority or other state organ concerned and subj ect to such conditions as may be imposed by such road authority or state organ , carry the drain, sewer or other work under , across, or along any road or road reserve or public place, whether within or outside t he ar ea o f w ater ser v i c es o f t h e l i cen see . 42. ( 1) A l icensee shall include a suitable programme as specif ied by the Regulatory Board for sampling the quality of potable water provided by it to its customers in its business plan. (2) The water quality sampling programme shall specify th e points at which potable water provided to customers wil l be sampled, the frequency of sampl ing and for which substances and d eterm i n an t s the w ater w i l l b e t ested . (3) A licensee shall compare the results obtained from the testing of the samples with standards as established or approved by the Kenya B u reau o f Stand ar d s . (4) Where the comparison of the results indicate that t h e w ater supplied poses a health risk, the licensee shall inform the Regulatory Board and the local off icer in charge of publ ic health and i t sh al l al so take steps to inform customers— (a) that the quality of water it supplies poses a health r i sk ; (b) of the reasons of the health risk ; (c) of any precautions to be taken by customers; (d) of the time frame, if any , within which it may be expected that water of a safe qual ity shal l be provided; and (e) that sampling records shall be kept for a period o f n o t less than three years and the same shal l be avai lable on request by any customer . E x ecu t ion o f w ork s. C onsent f o r ex ec ut io n o f w ork s. A pprovals f rom state au thor i t ies. Sampling progr am m e . (5) A l icensee who fai ls to comply with this regulation co m m i ts an o f f enc e . 44 9Kenya Subsidiary Legislation, 2025 PART V I - EFFLUENT AND W A STEWATER DISPOSAL 43. A licensed water services provider shall provide, operate and maintain in each urban area, township, market or trading cen tr e o r o ther locality with a concentration of population exceeding suc h n u m ber s as the Regulatory Board may from time to time determine, fol lowing consultation with the county government, determine systems of eff luent , wastewater and faecal sludge management , t reat m en t an d disposal which are compliant with standards set by the Regulatory B o ard . Ef fl uent and w a st e w a t e r disposal systems. E f fl uent and w a st e w at e r disposal plan . 44. (1) A licensed water services provider shall , within tw o years of the issue of its l icence, or such extended period as the Regulatory Board may approve, formulate and submit to the Regulatory B o ard and the county government a plan for the progressive improvement o f infrastructure and systems for eff luent, faecal sludge and w astew ater treatment and disposal in its area of service. (2) The plan shall propose a time frame for the development o f the infrastructure, a budget and a resource mobilization plan. (3) The plan shall also provide measures and procedures f o r private persons or community groups to establish, operate and charge a fee for the use of eff luent or faecal sludge treatment plants establ ished as a private or community enterprise under a contract w i th t he l i c en see . 45. (1) A person, other than a domestic householder discharging wastewater from premises used solely for residential purposes, who intends to discharge effluent or other wastewater from com merci al , industrial , institutional or other premises shall obtain c o n sen t f r o m th e licensed water services provider to discharge any trade ef f luen t i n to t he sew er s o f t he l i cen see . (2) An application for consent under sub regulation ( 1) shal l C ontro l of tr ade ef fl uent . St a t e — (a) the nature and composition of the trade effluent; (b) the maximum quantity of the effluent which it propose discharge on any one day ; (c) the highest rate at which it is proposed to discharge t h e t r ad e ef f l uent ; and (d) any other information required by the licensed w ater ser v i c es provider . (3) The consent of the licensed water services provider t o discharge trade effluent into its wastewater management system shal l be subject to conditions including— (a) a condition requiring the applicant to subject th e t r ad e effluent to pre-treatment in accordance with standards imposed by the Regulatory Board before discharge; (b) the payment to the water services provider of an ef f l u en t discharge fee based on the tariff structure approved by the Regulatory Board under section 86 of the Act; t o , 4 5 0 Kenya Subsidiary Legislation, 2025 (c) a requirement that any tap or point of access through w h i c h eff luent or non-potable water can be accessed shal l be clearly marked with a durable notice and signs indicating that effluent or the non-potable water is a public health r i sk ; and (d) any other requirements to be met to protect the integrity and sound operation of the wastewater management system. (4) A licensee shall only accept the quality and quantity o f t r ad e effluent of any other substance into a sewerage system t h at t he sewerage treatment plant of that system is capable of purifying or treating to ensure that any discharge to the environment compl ies with the standards established by the Authority or the National Environmental Management Authority as the case may b e . (5) For purposes of exercising its mandate to receive ef f l uen t i n to its sewerage system, a licensee may inspect pre-treatment f ac i l i t i es handl ing trade eff luents. (6) A person who contravenes the provisions of this regulation com mits an of fence. (7) A person aggrieved by the decision of the licensee o n a n application under this regulation may, within thirty days of the decision, appeal to the W ater Tribunal . P A R T V I I - T A R I F F 46. (1) A licensed water services provider shall implement th e tariff approved by the Regulatory Board under section 86 of the A ct f or the specif ied period . (2) The Regulatory Board shall send written notif ication to eac h l icensed water services provider, not less than nine months prior to expiry of the current tariff including a copy to the respective County Executi ve Com mittee M ember . 47. (1) Not less than six months before the expiry of the regular tariff , the water services provider shall make an application to t he Regulatory Board for a regular tariff review. (2) The application shal l be in accordance with the f o r m at specified by the Regulatory Board and shall be accompanied by — (a) a status report of the water services using the reporting format provided by the Regulatory Board; (b) a three-year business plan detailing the applicant’s c u s t o m e r base, growth projections and infrastructure development p r o g r am m e ; (c) the proposed tariff supported by the findings of a tariff study whose report shal l also be attached, in accordance w i th the standards set by the Regulatory Board; and (d) any other information the water services provider m ay consider relevant . Implementation of tarif fs by water services provider . A pplication for regular tari f f rev i ew . 4 5 1Kenya Subsidiary Legislation, 2025 (3) The review under sub regulation (1) shall be informed by — (a) the cost effectiveness of the water services; (b) the optimality of the water services by reference to r el ev an t national and intern ational benchm ark s; (c) affordability of the proposed tariff , including proposals on cushioning consumers who, on account of poverty, cannot afford the proposed tariff ; (d) will ingness to pay by consumers; (e) the views of the county government; (f) the feedback from stakeholder consultations; and (g) other relevant considerations. (4) Before determining the application, the Regulatory B o ar d shall undertake consultations with the respective county government , the public, the residents and stakeholders within the l icensee’ s serv ice a r e a . (5) The Regulatory Board may approve the proposed tariff ei th er as proposed or with amendments or conditions and, upon approval , set a date from which the new tari ff shal l apply . (6) The Regulatory Board shall undertake tariff implementation reviews during the period the tariff is applicable. 48. (1) At any time before the regular tariff review, a w a t e r services provider may, for good cause, apply to the Regulatory Board for an extraordinary tariff review. (2) An application for an extraordinary tariff review shal l , in addition to meeting the requirements for a regular tari f f review , satisfy the Regulatory Board that, due to a change in circumstances w h i c h could not have been foreseen during the previous regular t ar i f f rev iew or for some other justifiable reason, a tariff review is necessary to ensure sustainable w ater serv ices. (3) An extraordinary tariff review shall , if approved by the Regulatory Board, apply only until the end of the regular tariff period. 49. (1) The Regulatory Board may, at the request of t h e w ater services provider as part of the regular tariff review, and for good cause shown, permit the water services provider to implement price indexation by reference to the officially published annual i nf lati on i n dex . Extraordinary tar i f f rev iew . T ari f f i ndex ati on . (2) A water services provider, a consumer within the area of the water services provider or any other person likely to be affected by the decision made by the Regulatory Board on a tariff application, i f aggrieved by the decision may be appeal to the Water T r i b u n al . PA RT V I I I - CL U ST ER IN G 50. (1) The Regulatory Board may, for purposes of securing a commercially viable water services, require two or more w ater serv ices providers to cluster for purposes of provision of the w ater serv ices. Clusteri ng of w ater serv i ces providers. . 4 52 Kenya Subsidiary Legislation, 2025 (2) Clustering shal l be undertaken in accordance with t h ese Regulations and comply with clustering guidelines issued by the Regulatory Board. 51. A proposal for clustering may be initiated by a w ater ser v i ces provider or two or more water services providers acting j ointly , the county government , the Regulatory Board, a consumer gr o up o r consumer groups acting Jointly , or a stakeholder group w i th i n t he area of supply of the water services to be clustered by writing a letter to the respective county government where at least one of t he w ater ser v ices providers to be clustered operates. 52. As soon as practicable following receipt of the proposal to undertake clustering, the County Executive Committee M ember shal l , following public consultation, prepare a feasibility study on the proposal which shall address— (a) the f inancial , technical , operational , socio-economic, environmental , legal and other relevant implications o f t he proposed clustering; (b) the type of clustering that is appropriate in the ci rcumstances; (c) the financial support required of the county government t o bridge funding gaps, if any, of the clustering; (d) the clustering process including milestones and benchm ark s; (e) an awareness programme; (f ) the governance arrangements under the new clustered ser v i c e provider ; (g) transitional arrangements; and (h) other relevant considerations. 53 . ( 1) I f , on the basi s of the recom mendations of the report of the feasibility study, the proposal to undertake clustering is approved by the County Executive Committee and the Regulatory Board , the clustering process shall be overseen by a j oint committee comprising members of the board of directors of the water services providers participating in the clustering and three other persons appointed by the County Executive Committee M ember on the basis of their knowledge and experience in the water sector . (2) The j oint committee shall continue as a transitional mechanism and upon conclusion of the clustering and appointment of the new Board of Directors, shal l stand dissolved. (3) Where the clustering involves a merger or a takeover o f a licensed water services provider which is a corporate entity , upon conclusion of the clustering process, the water services provider shal l be dissolved by a resolution of an annual general meeting o r extraordinary general meeting and compliance with the requirements under the Companies Act and other applicable laws. Proposal for clustering water serv ices providers. Feasibi l i ty study and report . Operationalization of clustering . Cap 486. 4 5 3Kenya Subsidiary Legislation, 2025 Application for a new ser v i ce provision area l i cence and new 54. (1) A water services provider providing water services a s a clustered water services provider shall , within one year of the conclusion of the clustering exercise, apply for a new service provision area l icence and a new tarif f in accordance with the procedure for tari ff, applying for a licence and tariff review as prescribed u nd er t h ese Regulations. (2) If satisfied that the applicant meets the licensing requirements under section 86 of the Act and regulation 21, the Regulatory Board may issue the licence: Provided that where the applicant has not met the licensing requirements under section 86 of the Act and regulation 2 1, the Regulatory Board may issue the applicant with a provisional l i cen ce conditional on the applicant satisfying any outstanding requirements within a def ined timeframe not exceeding two years. 55. (1) In this Part “clustering” means a formal arrangement Clusteri ng com m erc i al viabi l i ty .between two or more licensed water services providers involving — (a) the merger of two or more water services providers; (b) a takeover of one water services provider of another w a t e r services provider; (c) the joint provision of water services; the transfer o f th e whole or part a water services from one licensee to another ; (d) a variation in the area of supply of two or more l icensees; (e) provision by a water services provider of water serv i ces i n the whole or part of the area of supply of another; (f) an extension by a county water services provider o f i t s services to rural or underserved areas of the county ; o r (g) other similar arrangement . (2) Where clustering involves the provision of water ser v i ces i n more than one county by a water services provider, the proposal to undertake clustering shall require the approval of the County Executive Committee Members of the respective counties. PA RT I X - B U L K W A T ER SU PPL Y 56. (1) A waterworks development agency established u nd er section 65 of the Act shal l undertake bulk water supply ser v i c es i n a county or counties other than the county in which the b u l k w ater abstraction w ork s are located . (2) In accordance with the transfer plan published by the Cabinet Secretary pursuant to section 152(4) of the Act, waterworks development agencies shall succeed to and assume the f uncti ons, assets, contracts, liabilities and staff of the water serv ices board used for the provision of cross-county bulk water supply w ithin the area of jurisdiction of the waterworks development agency and su c h t r an sf er shall be completed not later than twelve months following t h e establishment of the waterworks development agency or such longer Bulk water supply services by w aterw ork s development agencies. . 4 54 Kenya Subsidiary Legislation, 2025 peri od as the Cabinet Secretary, in consultation with the county governments within whose area of j urisdiction the cross- county bulk water services are to be provided, may approve. 57. A licensed water services provider may establish w o r k s f o r bulk water supply where the works ori ginate and terminate i n th e county in which the bulk water is to be supplied or the capital costs of developing a cross-county bulk water supply infrastructure an d facilities are provided entirely out of the budget of the county government or of the water services provider developing the b u l k w ater supply inf rastructure. 58. (1) A person desiring to supply water in bulk or operating an existing bulk water supply system shall make an application t o t h e Regulatory Board for a bulk water supply licence. (2) A separate application shall be made for each bulk w a t e r supply system. (3) A bulk water supply application shall be accompanied by , in respect to the proposed bulk water supply— (a) a feasibility study; (b) a business plan; (c) a proposed framework for the collaborative management o f the bulk water works comprising a committee of representatives of the county governments within whose a r e a of j uri sdiction the bulk water works are to be located and , where appropriate, the national government; (d) where the county governments concerned have by a resolution of the county assemblies, agreed to responsibility for the payment of the liabilities associated with the bulk waterworks, an extract of the resolution duly certif ied by the clerk to the county assembly and a dr af t agreement for the handover of the ownership of the bulk water works to a j oint authority established or to b e established by the county governments within whose ar ea o f j uri sdiction the bulk water works are to be located; (e) required permits and authori zations including a w at e r u se abstraction permit, an environmental impact assessment licence, physical planning permission and other applicable authorizations; (f) a proposed bulk water supply tariff ; (g) a draft bulk water supply agreement with the water ser v i ces providers to be supplied in bulk drawn on the basis th at th e capital and operational costs of the bulk water supply sh al l be met out of the revenues of the bulk water services w i tho u t resort to publ ic funds; (h) where resort to public funds is necessary in order to provide the bulk water services, evidence of the commitment o f th e E stab l i shm ent o f w ork s f or bu lk water supply . Application for bulk water supply l i cence . a ss u m e 4 5 5Kenya Subsidiary Legislation, 2025 county or national government as appropriate to offset par t or the whole of the capital or operational costs out of public funds; (i) evidence of stakeholder consultations including t he f eed b ack of the county governments within whose area of j uri sdiction the bulk water works are to be developed; and (j) any other information relevant to the appl ication. 59. (1) Fol lowing the receipt of the appl ication the Regulatory Board shall undertake publ ic consultation in respect to the appl ication. (2) In determining the application, the Regulatory B o ar d sh al l provide feedback indicating how it has taken account o f and ad dr essed the representations made by stakeholders during the publ ic c o n su l t at io n s . 60. (1) Within six months of receiving an appl ication, t he Regulatory Board shall determine the appl ication and m ay ap p r o v e , approve with conditions or rej ect the appl ication. (2) The l icence shall specify the bulk tarif f which shal l be subj ect to indexation, regular review and extraordinary review according to a schedule and on terms and conditions stipulated by the Regulatory B o ar d . Pub l i c consu l tati on on application for bulk water supply l i cence . D eter m i nati on o f application for bulk water supply l i cence . 61. The application for a licence under this Part may al so be made by a j oint authority or joint committee establ ished w i th i n th e scope and meaning of A rticle 189 of the Constitution. 62. Any party aggrieved by the decision of the Regulatory B o ard on a bulk water supply appl ication may to appeal to th e W ater T r i b u n al . PA R T X - FE E S A N D L E V I E S 63. A licensee shal l pay to the Regulatory Board, as the case may be, on issue of the licence and at specif ied intervals thereaf ter , such l icence fees determined and gazetted by the Regulatory B o ar d u n der sec t i o n 89 o f t he A ct . 64. ( 1) Pursuant to section 109 of the Act , the Regulatory B o ar d may impose a sewerage services levy on all water services w i th in t he ar ea o f a l i cen see . (2) The sewerage services levy shal l be used to cover part of the capital costs of developing waste water and faecal sludge management , treatment and disposal infrastructure within the area of supply of the water services provider . (3) The water services provider shal l maintain a separate a c c o u n t for funds collected from sewerage services levy which sh al l be ad m i n i ster ed i n acc o r d anc e w i th F u nd A d m i n i str at i o n R u les i ssued f rom time to time by the Regulatory Board. 65. (1) Pursuant to section 117(2) of the Act , the C ab i net Secretary shall impose a levy of 3% of the monthly water consumption bil l of each consumer as a water consumption levy payable i n to t he A pplication by j oint authori ty or j oint commi ttee. A ppeal to the W ater T ri bunal . A nnual regulatory f ee . Sewerage services levy . W ater consumption levy . Kenya Subsidiary Legislation, 2025. 4 56 Fund maintained by the W ater Sector Trust Fund under sec t i o n 1 14 o f t h e A c t . (2) The proceeds of the water consumption levy shal l b e u sed i n accordance with the obj ects of the Fund and on the basis of funding principles and cri teria formulated by the Water Sector T r u st F u nd i n consultation with the Cabinet Secretary and county govern ments. (3) The Cabinet Secretary may , from time to time, fol lowing publ ic consultation, review the water consumption levy . 66. ( 1) The levy imposed under section 117(2) of the A c t sh al l b e col lected by l icensed water services providers and m ai n tai ned i n a separate bank account establ ished for the purpose. (2) A licensed water services provider shal l keep books o f account and other books and records in rel ation to i t s w ater consumption levy bank account and submit an annual au d i t o f su ch books and records to the Regulatory Board. 67. The Regulatory Board shal l inspect the records of the sales of water services by a l icensed water services provider to verify that the account in regulation 65(2) is operated in accordance w i th t he requirements of these Regulations and guidelines issued by the Regulatory Board. 68. Rules and guidel ines for operating the water consumption levy bank account shall require that within f if teen days of the end of each month, the water services provider shall remit to t he W ater Sec to r T r u st al l o f th e m o n i es co l l ec ted as a w ate r ser v i ces consumption levy . 69. A l icensed water services provider shall charge a n administration fee of not more than 0.1% of the proceeds o f the w ater consumption levy to cover the costs of col lecting and administering the levy . PA RT X I - A D M I N I ST RA T I ON OF CERTA IN W A TER SU PPL Y A N D I N F R A ST R U C T U R E SE R V I C E S 70. ( 1) A licensed water services provider shall ensure the availabil ity and development of sources of water for ab st r ac t io n as necessary to enable it supply adequate quantities and quality of water to c o n s u m e r s . L ev ies bank a c c o u n t . Inspection of sales record s. Operation of l ev i es bank ac c o u n t . A dm in i strati on fee . A vai labil i ty and development of w a te r so u r c e s . (2) A licensed water services provider shall apply f o r an abstraction permit f rom the Authority , access rights, easem en ts and source development agreements as may be necessary to enab l e i t o b tai n such raw water as it requires for the performance of i t s f u nc t i o n s . (3) A l icensed water services provider that has been i ssued an abstraction permit by the Authori ty shal l pay such water use charges to the Authority as prescribed under the applicable water r e s o u r c e s regulations. (4) Where the water services provider does not have a c c e s s t o adequate sources of raw water for supply to consumers w i th i n i t s ar ea of supply it shall , wi th the approval of the Regulatory B oard , m ake arrangements for the purchase of water in bulk . Kenya Subsidiary Legislation, 2025 4 57 E asem ents, access ri ghts, propert y ri ghts etc. 71. ( 1) A water services provider desiring access for purposes of performing the licensed functions may acquire the easement i n accordance with the provisions of the Third Schedule o f t he A c t . (2) A water services provider who acquires an easement , a c c e s s right or property rights over land on or over which t he f ac i l i t i es an d infrastructure of the water services provider is constructed, sh al l en su r e that the property is registered or access rights obtained i n t he n am e o f the water services provider and the water services provider has custody o f t he rel ev an t t i t l e d o c u m ents . (3) A water services provider shall take steps to obtain an d maintain in the records drawings of the faci l ities and i n f r ast ru c tu r e and geo-referenced maps and plans which show the location and layout of t h e w ater i n f r astr u c tu re . (4) The drawings of the facilities and infrastructure and geo- referenced maps and plans of the water services provider sh al l b e recorded as “ as bui l t” in the records. (5) Where the access rights to point water sources are enj oyed by community members on traditional or other non-statutory b asi s t h e water services provider shall take steps to document t he n atu r e an d extent of the access rights. 72. ( 1) Where a person seeks for a permit to construct a b o reh o l e in an area where a l icenced water services provider supplies water , the person shall , prior to obtaining a permit, consult th e w ater ser v i ces provider and obtain a consent to construct the borehole in wri ting from the water services provider . (2) In making a consent, a water services provider sh al l t ak e i n to C onsent f o r boreho le construct ion within a supply a r e a . a c c o u n t — (a) the ability to provide the water services in respect t o w h ic h the application for the construction of the borehole i s made; and (b) whether the water services provider can provide the required water services within a period not exceeding one year. (3) Subj ect to sub regulation (2), where a water services provider I S — (a) able to provide the water services to which the application is made, the water services provider shall decl ine to co n sen t ; and (b) unable to provide the water services to which the application is made, the water services provider shall consent . (4) A water services provider shall maintain an inventory o f small-scale service providers including boreholes constructed w i th i n i t s exclusive area of supply and if within a period of one year of construction of a borehole the water services provider is able to provide w ater serv ices to the ow ner of the borehole i t shal l require the owner of the borehole to d iscontinue the use of the borehole, with a notice period , 4 5 8 Kenya Subsidiary Legislation, 2025 of one year , and to take supply of water from the water ser v i ces provider . (5) A dispute between the owner of the borehole and t he w ater services provider over a refusal to consent or the use of the borehole by the water services provider for the provision of water t o t he w ater services provider ’s customers shall in the f irst instance b e sub m i t t ed t o the county director of water and sanitation for an am i c ab l e r eso l u t io n and , i f not resol ved , be submitted to the W ater T r ibunal f o r deter m i n at i o n . (6) For purposes of exercising its mandate to supply w a t e r services within its area of supply , within three months of the coming into effect of these Regulations and periodically as required, owners or operators of boreholes in the supply area of each water ser v i ces provider , whether private or publ ic persons, shall submit to the county government and the county water services provider , a copy of the permit of the borehole, information on the use to which th e w ater o f th e borehole is put and the number of households or establishments ser v ed by the borehole. 73. W here a water services provider seeks to obtain w ater f r o m a privately owned borehole for supply to its customers, t he w ater ser v i c es provider shal l enter into a contract with the owner o f t h e b or eho l e f o r the purchase of water from the owner of the borehole. 74. (1) A water services provider , shall develop operational procedures compl iant with water vending guidelines issued by the Regulatory Board, for regulating, within the area of supply of the water services provider , water vending through kiosks, mobile m e a n s o r water tankers which shal l require water vendors to— (a) acquire a permit from the water services provider; (b) source water for vending only from approved sources; (c) charge rates approved by the water Regulatory Board f o r a water services provider; (d) operate vending kiosks or water tankers at approved locations; and (e) f ile annual reports to the water services provider . (2) A water services provider shal l put in place measures t o ensure that its staff members do not operate water vending businesses within its area of supply . 75. ( 1) Where there exists within the area of supply o f a w ater services provider a source of supply of water other than that suppl ied by the water services provider which, in the opinion o f t he w ater services provider does not provide a suitable supply o f w ater f o r drinking and domestic purposes, the water services provider may , in collaboration with the Authori ty and the publ ic health of f icer , order such source of supply of water to be closed, and shall by order , compel users of the water to cease using the water . C ontr acts w i th bor eho le ow ners . Regulation of water vending . C losur e o f unsaf e supplies of water . 4 5 9Kenya Subsidiary Legislation, 2025 (2) A person who contravenes an order of the water ser v i c es provider under ilus regulation commits an offence and sh al l be l i ab l e t o the penalty provided under section 147 of the Act. (3) A person aggrieved by the closure order may appeal t o t he W ater T r ib u n al . 76. (1) A County Executive Committee Member shall ensure t h at w ater serv ices i n rural areas and underserved areas which are suppl ied by community water services providers or private water ser v ic es providers meet water quality and service quality standards set by the Regulatory Board for rural and underserved areas. (2) Where a community services provider or small-scale private water services provider is unable to meet the established water qual ity or service standards and such fai lure poses a publ ic heal th risk , County Executive Com mittee M ember in consul tation w ith the Regulatory Board may require the community water services provider or private water services provider to cease further supply of th e w ater . 77. (1) A water services provider shall , upon being l i censed , issue operating procedures governing the receipt of septic tank sludge into the sewerage system or faecal sludge treatment and disposal facil ity operated by or under a contract with the water services provider which m ay — W ater quality and serv ice standard s f o r ru ral and underser v ed areas. Septic tank sludge m anagem ent . (a) requi re that persons providing exhauster services w i th i n t he area of supply of a water services provider register w i th t h e water services provider; (b) require that the water services provider maintain a d atab ase of exhauster services within its area of supply including i n f o r m at i o n o n th e — (i) names persons providing exhauster services or the names of thei r businesses; (ii) contact details and physical locations; (iii) particulars of the motor vehicles; (iv) facil ities used to provide the exhauster services; a n d (v) the areas of operation of the exhauster services, (c) impose fees for the use of the sewerage system o r f aec al sludge treatment and disposal facility of the water ser v ices provider to dispose of septic tank sludge; or (d) require persons operating exhauster services to comply with standards set by the water services provider for the acceptance of septic tank sludge into its sewerage o r f aec al sludge treatment and disposal system. (2) In order to facilitate the operation of exhauster serv ices, a water services provider shall provide and maintain discharge points for exhausters which meet standards set by the Regulatory B o ar d . Kenya Subsidiary Legislation, 2025. 4 6 0 (3) W here it is of the opinion that there is inadequate provision in its area of supply for the management and exhaustion of septic tank sludge, a county water services provider may , with t h e co nsen t o f t he Regulatory Board and the County Executive Committee M em ber establish and operate an exhauster service in its area of supply . PA R T X I I - A PPR O V A L S A N D C O N ST R U C T I O N O F W O R K S A FFECT I N G I N FR A ST RU CT U RE , ET C . 78. ( 1) A ny person who lays, f its or connects any pipes, trunks, mains, f ittings, equipment , appliances or connections to t he w ate r reticulation or sewerage system belonging to a l icensee w i tho u t t he requisite authorization issued under these Regulations co m m i t s an offence and shal l , on conviction, be l iable to the penalty prescribed u nd er sec t i o n 14 7 o f t he A c t . (2) Any person whether an owner or occupier of premises, w ho permits an unl icensed person to lay , f it or connect any pipe, trunk, mains or connections to the exist ing water reticulation or sew er ag e system belonging to a l icensee commits an offence. (3) No person shal l be qual if ied to plan, design and operate w ater services infrastructure unless that person holds, or w o r k s u nd er a person who holds, a valid l icence as a qual if ied water se c t o r professional and is in good standing from the Engineers B o ard o f Kenya. Requirement to obtai n w ater se c t o r professional or con tracto r l icence . (4) No person shal l be eligible to work as a contractor un less th at person is l icensed by the Cabinet Secretary in the appropriate category o f co n t r ac to r f o r t he w o rk s to be u nder tak en . 79. The Cabinet Secretary , on the recommendation of t he Technical Advisory Committee establ ished under the appl icable water resources regulations, may — (a) issue, vary , suspend or cancel licences of water se c t o r professionals or contractors in the water services secto r i n accordance with the applicable regulations; and (b) inquire into and resolve complaints against l icensed w a t e r sector professionals and contractors in the course o f t he i r w o r k i n th e w ater ser v ices sec to r . 80. ( 1) Where a person is undertaking construction w o rk s w h ic h affect water and sewerage inf rastructure operated by a w ater ser v ices provider, the person shal l , upon payment of the prescribed fee, obtain an approval to construct from the water services provider . (2) A person who undertakes the works contemplated i n t h i s regulation without the approval of the water services provider commits an offence and shal l be l iable, on conviction, to the penalty prescribed u nd er sec t io n 14 7 o f t h e A ct . (3) Where damage is caused to inf rastructure belonging t o o r used by the water services provider through construction w ork s, the person responsible for the construction works shal l , be l i ab le to a surcharge of the ful l cost of repairs or replacement and th e l o sses I ssuance , v ar i at i on , suspension or cancel l at i on o f w at e r sec t o r professional or c o n tr ac to r l i c e n c e . A pproval of const ruct ion w ork s. 4 6 1Kenya Subsidiary Legislation, 2025 incurred and it shal l not be a defence to any action taken against the person responsible, whether civil or criminal, that the w ater serv ices provider had approved the works. (4) The provisions of this regulation shall apply equally to publ ic entities undertaking construction works as they do to pr ivate contractors undertak ing works for private persons or u nd er a c o n tr ac t with publ ic bodies. 81. (1) In every case where a developer of property i s undertaking plumbing, sewerage and works for connection o f t h e private property to the mains operated by a water services provider , the developer shall present the plans for such plumbing and sewerage works to the water services provider for inspection and approval , prior to com mencement of construct ion . (2) Upon completion of the works, the water services provider shall inspect the works and if the works comply with the approved plans, certify the works as approved for connection t o th e m ai n s . (3) A developer who contravenes sub regulation (1) com m its an offence and shall be l iable, on conviction, to the penalty prescribed u nd er sec t i o n 14 7 o f t he A c t . C ert i fi cat ion of p roper ty development works connecting to w ater m ai ns. 82. (1) No person shall cause a water f itting or sanitation f itting Allowing of new w ater o r san i tati o n f i tting .to connect with any pipe, cistern, receptacle or works used, or capable of being use, for the conveyance or reception of water o r ef f l uen t o ther than water supplied by a licensee or its agents. (2) No newly laid pipe or other water fitting shall, i n t he c o u r se of installation or alteration by any person other than a l icensee , be covered until such pipe or water fitting has been examined and approved by the licensee or other person authorized by the l icensee. (3) No pipe or other water fitting shall be connected w ith a main , and no additional water f ittings, except taps replacing old taps, shal l be connected with existing water f ittings, until they have been inspected by the water services provider or agent and a certificate of approval given by the water services provider. PART XIII —INSPECTION, EVALUATION AND MONITORING 83. (1) A licensed water services provider shall maintain a n inspectorate service with adequate resources and staff . (2) An inspector employed by the water services provider m a y enter any premises to which it provides water or sewerage ser v ic es i n order to inspect and monitor— Inspectorate se r v i c e . (a) the distribution system; (b) any water metre; (c) w ater storage sy stems; or (d) the sewerage system. (3) An inspection may only be undertaken between the ho u r s o f 8 a.m. and 6 p.m. except in an emergency . . 4 6 2 Kenya Subsidiary Legislation, 2025 (4) Where the water and sewerage services provider h as knowledge of , or suspects the illegal or unauthorized access to , emd use of its water or sewerage services in any premises, t he w ater and sewerage services provider shall apply to the appropriate co u r t f o r a warrant to enter and search the premises. (5) Nothing in this regulation shall prevent a water ser v ices provider from disconnecting and terminating the water ser v ic es f ro m a point outside the premises in question. (6) Notwithstanding sub regulation (1), a water services provider may utilize inspectorate services operated by the respective county government provided that suitable arrangements are m ad e to d ed ic ate and train inspectors on matters relevant to water services, and th i s arrangement is approved by the Regulatory Board as being satisfactory . 84. (1) A licensed water services provider shall , at such i n ter v al s as the Regulatory Board may require, submit reports to the Regulatory Board on the nature and condition of its waterworks, f aci l it ies, installations and systems to enable the Regulatory B o ar d asce r tai n t he extent of compl iance with the set standards. (2) The Regulatory Board shall additionally put in place arrangements for collaboration with county governments and o ther regulatory agencies with a statutory mandate to inspect, ap p ro v e o r certify constructions, works and buildings. (3) An inspection of , or approval or certif icate issued t o a licensed water services provider by a county government or Regulatory Body pursuant to a collaborative arrangement with the Regulatory Board shall be sufficient evidence of compliance by t he l i cen sed w ater services provider with the standards set by the Regulatory B o ar d . PA RT X I V - REPORT IN G A N D RECORD K EEPIN G 85. (1) The Regulatory Board shall prepare an annual report of its w o r k an d ac t i v i t ies w i t h i n si x m o n th s af te r t he en d o f each f i n anc ial y ear . Reporting by l icensed w ater serv ices providers. Annual reports by the Regulatory B oar d . (2) The Regulatory Board shall publish on the website an d publicize the annual report in sub regulation (1). 86. ( 1) The Regulatory Board shal l maintain a national d atab ase and geo-referenced information system on water services. (2) For purposes of sub regulation (1), each water ser v ices provider shall maintain and avail information on equipment, a c c u r a t e records and accounts relating to all aspects of its operations to the Regulatory Board. 87. (1) A water services provider shall submit to the Regulatory Board annual reports showing the status of — (a) the water services; (b) network expansion and rehabilitation; (c) commercial and business growth; and N at i onal database and georeferenced i nf o rm ati on sy stem . Annual reports by w ater ser v i ces provider . Kenya Subsidiary Legislation, 2025 4 6 3 (d) progress towards financial sustainability and viability . (2) If required by the Regulatory Board, licensed water ser v i c es providers shall submit to the Regulatory Board quarterly reports on the status of compliance with the terms and conditions o f th e l i cen ce . (3) A water services provider shall submit to the Regulatory Board an audited f inancial report within six months o f t he end o f t he f inancial year . 88. A water services provider shall , on an annual basis, provide information to the public on its website on its plans and operations. 89. (1) A person requiring water services data maintained i n t h e national monitoring and georeferenced information system o n w at e r services maintained by the Regulatory Board shall make an appl ication to the Regulatory Board. (2) The applicant shall pay such data fee as the Regulatory B o ar d may determine under section 111 of the Act unless the Regulatory B o ar d i s sat i sf i ed t h at t h e data i s t o be u sed f o r research o r n o n commercial purposes. (3) Data provided by the Regulatory Board to an applicant sh al l not be transferred to a third party and the Regulatory B o ar d sh al l no t be l iable for any errors or omission in the data. PA R T X V - C O M PL A I N T S 90. ( I ) A water services provider shall establ ish a m ech an i sm f o r handling complaints in accordance with the complaints guidelines issued by the Regulatory Board. (2) For the purposes of sub regulation ( 1) the water ser v ic es provider shall — (a) provide easy access to information and where appl icable contact detai ls of the local water action groups; and (b) maintain a customer service centre with qual if ied staf f f o r the purpose of addressing and resolving consumer appl ications, consumer service requests and complaints. (3) A water action group, a customer or other member o f t h e public may lodge complaints concerning the licensed w ater ser v i c es provider through the consumer complaints mechanism establ ished by the water services provider . (4) Notwithstanding the general ity of sub regulation ( 1) , the procedures for lodging complaints shall provide for — (a) notif ication to customers of the right to complain; (b) avai labil ity of a mechanism for lodging a complaint; and (c) maintenance of a log of customer complaints. (5) Each licensee shal l f i le the complaint handl ing procedures with the Regulatory Board within sixty days after the i ssue o f t he l i cen ce . Public reporting and transparency. Obtaining water ser v ices data . Complaints m echan i sm . Kenya Subsidiary Legislation, 20254 64 Complaints to the Regulatory Board . 91. (1) A person who is dissatisfied with the manner i n w h ic h a complaint is handled by the water services provider may submit a written complaint to the Regulatory Board providing t h e detai l s set o u t i n t h e Seco nd Sch ed u le . (2) The Regulatory Board shall , within twenty-one days o f receiving the complaint respond to the complainant copying al l other relevant parties, stating what action is being taken and the deci sion of the Regulatory Board on the matter or any recommendation to t he water services provider for resolving the matter. (3) If a party is dissatisfied with the decision of the Regulatory Board, the party may apply for a review of the decision t o the Regulatory Board. (4) The Regulatory Board shall , within twenty-one days o f receiving the complaint in sub regulation (3), uphold o r an n u l t he decision and give reasons in writing for the decision, o r an y recommendations to the complainant . (5) If the complainant is dissatisfied with the decision o f t he Regulatory Board, the complainant may appeal the decision at t he W ater T r i b u n al . (6) A complaint lodged at the Regulatory Board shall be given a complaint number which shall be used for purposes of monitoring actions taken to remedy a complaint and the response t o t he complainant . P A R T X V I - C O M PL I A N C E A N D E N F O R C E M E N T 92. (1) The Regulatory Board may take enforcement action against a water services provider for— (a) cessation of the licensee to meet the requirements t o h o ld a l icence; or (b) failure to pay the licence fees. (2) The Regulatory Board may — (a) require the payment of a penalty or fee as specified i n the Act or these Regulations; (b) suspend or cancel the l icence; or (c) recommend to the county government — (i) the dissolution of the board of directors of the w a t e r services provider and its replacement with another board ; or (ii ) the variation of the l icensed area. (3) A person aggrieved by the decision of the Regulatory B o ar d under this regulation may, within f ifteen days from th e date o n w h ic h the decision is received, appeal to the Water Tribunal . 93. Where despite a recommendation to the county government to take action against a l icensee in default , the county government is E nf orcem ent action against l icensed w ater serv ices providers. C ure no t i ce . Kenya Subsidiary Legislation, 2025 4 6 5 unable or has failed to take action against the water services provider and i t appears to the Regulatory Board that a licensee or an agent has persisted in its— (a) failure to adhere to an agreed compl iance programme; (b) failure to adhere to agreed standards of improved ser v i ces i n the water qual ity , service del ivery , facil ities maintenance and capital works expansion and rehabi l itation; (c) failure to adhere to the approved tarif f ; neglect of sound business principles and good governance a s stipulated in its l icence; (e) failure to properly manage the bank account into w h i ch levies are deposited as required in guidelines issued by the Regulatory Board; or (f ) commission of a breach of the terms and conditions o f t h e l icence , the Regulatory Board shall give an order for the licensee or agent to remedy that breach, specifying the action required to remedy the b r eac h and a t i m ef r am e . 94. (1) The Regulatory Board may place the licensee u nd er t he Special regulatory special regulatory regime pursuant to section 102 of t he A c t an d d i r ec t ed) reg im e . a member of staff of the Regulatory Board or any agent o f the Regulatory Board, or another licensee within the county , as the case may be, to sit in the licensee’s or agent’s b o ar d o r committee meeting to monitor the implementation of t h e order and the decisions being made by the licensee o r th e agent , as the case may be; (a) the appointed lieensee or the agent shall submit weekly reports of billings received and expenditures on operations and transactions to the Regulatory Board or the l icensee a s the case may be, and bank certificates for all its acc o u n t s ; (b) and (c) an official from the Regulatory Board or an agent appointed for that purpose be placed in the concerned licensee or agent to monitor the day-to-day operations of the licensee or agent and to provide direction and technical assistance to t h e st af f and Board of Directors of the licensee or agent for any length of time, that is deemed necessary to effect the cure. (2) The Regulatory Board may conduct random regular inspections to ensure that the l icence is being adhered to an d the c u r e plan is implemented by the concerned licensee or agent as the case may b e . (3) The costs of the special regulatory measures under th i s regulation shall be to the account of the concerned l icensee or agent as the ease may be. Kenya Subsidiary Legislation, 2025. 4 6 6 (4) If after six months or other extended period as determined by the Regulatory Board it still appears to the Regulatory B oar d th at a licensee or agent is still unable or unwilling to meet obligations or continues to be in breach of obligations made under the special regulatory regime, the Regulatory Board may in addition to t he m easu r es ab o v e — (a) mandate that an agent of the Regulatory Board appointed t o enhance financial discipline be a mandatory signatory t o t he accounts of the concerned l icensee or agent; (b) direct the commencement of disciplinary process against the managing director and key staff responsible for network expansion and maintenance, billing, meter reading and disconnection or f inancial matters, subj ect to their right to be heard, and take steps to integrate the billing system w i th t he f inancial management system at the cost of the concerned l icensee or agent; (c) direct the concerned licensee or agent, as the case may be, to take measures to review and rational ize its staff complement to ensure eff iciency ratios if the staff size and capacity i s contributing to the breach and implement a time plan t o execute i t ; (d) direct or recommend to the relevant board or appointing authority the suspension of senior off icers of the co n cer ned licensee or agent, as the case may be, on tangible grounds identified, and subject to the concerned chief officers’ right to be heard ; (e) recommend to the County Government the taking of measures against the board of directors of the concerned licensee, or take remedial or punitive measures against th e board of directors or management committee of the concerned agent , subj ect to their right to be heard; a n d (f) implement all recommendations that have emerged f r o m th e regular inspections conducted. (5) The special regulatory measures provided for in t he Regulations shal l be— (a) for a particular duration, not exceeding six months i n th e f i r st instance, and subject to extension by a further period n o t exceeding six months; (b) intended to achieve improved results in the licensee and the agent ; (c) funded from the operations of the concerned licensee o r agent performance guarantee which shall have been issued; and (d) an integral part of the licence and the service provision agreement . 4 67Kenya Subsidiary Legislation, 2025 (6) Where the special regulatory regime fails, the Regulatory Board shall by order effect the transfer of the licensee’s f u nc t i o n s pursuant to section 103 of the Act. PA RT X V I I - OFFEN CES 95. (I) An employee of a licensed water services provider w ho — fails to read a metre when it is his or her duty to do so ; fails to disconnect water services to a customer who h as defaulted in making payment contrary to rules set by t he water services provider; fails to notify the water services provider of an illegal unauthorized access and uti l ization of the water or sew er age serv ices; or colludes with other persons to allow or assist such p er so n s illegally to access and use water services contrary t o ru l es set by the water services provider, offence and shall be liable, on conviction, to the penalty prescribed under section 147 of the Act. (2) Notwithstanding sub regulation (1), an employee o f a l i cen sed water services provider shall not be held personally l iable or subj ect to prosecution for any loss or damage arising from actions performed in good faith and within the scope of their lawful duties. (3) Notwithstanding sub regulation (2), any acts involving gross negligence, misconduct, or actions outside the law f ul duties of an employee of a licensed water services provider shall be punishable, as appropriate, under the applicable laws. (4) For purposes of this regulation, an employee of a w a t e r services provider includes a person engaged on casual term s of serv ice, as well as a contractor when performing duties falling within the scope of this regulation. 96. A person who impersonates an employee of a water ser v i ces provider commits an offence and shall be liable, on conv iction , to the penalty provided in section 147 of the Act. 97. A person who vandalizes, damages, or destroys infrastructure or a facility of a water and sewerage services provider c o m m i t s an offence and shall be liable, on conviction, to the penalty provided in sect ion 147 of the A ct . 98. (1) A person who illegally connects to, diverts or uti l i zes for any purpose, water or sewerage services provided by a w ater serv ices provider commits an offence and shall be liable, on conv ict ion , to the penalty prescribed in section 147 of the Act. (2) Upon conviction, the offender shall additionally b e l i ab l e t o a surcharge of the full value of the water services illegally uti l i zed , w ith interest computed at the rate of 12% per annum until paid in full , which surcharge shall be recoverable as a debt owed to the w ater ser v i ces provider . Offences by employees. (a) (b) o r(c) (d) c o m m i t s a n o r o m i s s i o n s Impersonation of staf f o f w ater services provider . V andal i sm of w ater and sewerage services i nf rastructure . Illegal connection to w ater ser v ices. . 4 6 8 Kenya Subsidiary Legislation, 2025 99. (1) A person who contaminates or pollutes water w h i c h i s used or intended to be used for domestic supply by discharging contaminants i nto i t or otherw ise handles such w ater i n su c h a m an ner as to contam inate i t com m its an of f ence and shal l be l iable, on conviction, to the penalty prescribed under section 14 7 o f t h e A ct . (2) A person who supplies water to domestic premises w h ic h he knows or ought to know is not fi t for domestic consumption w i th o u t issuing a warning to persons who are likely to consume i t t o th e ef f ec t that the water is not fit for consumption and must be treated prior to being consumed, commits an offence and shall be liable, on conviction, to the penalty prescribed under section 147 of the A c t . 100. A person who— (a) undertakes or carries out any water services or san i ta t i o n infrastructure services or works without being the ho l der o f a licence appropriate for the category of services or w o r k s undertaken or carried out or without being under the direction of a suitably licensed qualifi ed water sector professional or contractor; (b) contravenes or fails to comply with any of the term s an d conditions of any water services licence granted under th ese Regulations or wilfully gives false or misleading information in relation to water services or works; (c) submits or causes to be submitted to a public water se rv ic es provider or to the Regulatory Board a completion certifi cate w hich he know s or has reason to bel ieve i s f al se i n any material particular; (d) being a water services or sanitation services contractor, undertakes or carries out by himself , his servant , or agent any water services installation work at any time whilst h i s business or any branch thereof is not registered or w h i l e th e registration of such business or branch is suspended o r cancel led ; (e) being a water services or sanitation services contractor, undertakes or carries out, by himself , his servant or agent any water services installation work except under the direction of a licensed water sector professional holding a licence of a type appropriate to such work or installs a p u m p on a serv ice l ine; or (f) being an owner or occupier of any premises or any developer or main contractor of any premises under construction, causes or permits to be carried out upon the premises an y w ater serv ices instal lation w ork in contravention of th ese Regulations, commits an offence and shal l be liable, on conviction, to t he penalty prescribed in section 147 of the Act . 10 1. A l icensee w ho breaches the condi tions of a l icence co m m i t s an offence and shall be liable, on conviction to a penalty prescribed in sec t i o n 14 7 o f t he A c t . C ontam inati on of water and supply to dom esti c premises. O f f ences on in stal lat ion o f w ork s. B reach o f l icence cond i ti ons. 4 6 9Kenya Subsidiary Legislation, 2025 Misrepresentation by a l icensee. 102. A licensee who gives false or misleading information i n th e application for a licence eommits an offence and shall be l i able, on conviction to a penalty prescribed in section 147 of t he A c t . 103. A person who intends to or sells, leases, mortgages, transfers, attaches, assigns, demises or encumbers a l icence, or assets used for the provision of water services without the approval of the Regulatory Board omits an offence and shall be liable, o n co n v i c t io n t o a penalty prescribed in section 147 of the Act. 104. (1) An inspector appointed by the Regulatory Board u nd er the A ct shal l undertake the f unct ions set out under this regulation. (2) An inspector shall have power of entry, inspection and apprehension, during normal working days and hours, for any offence u nd er th e A c t . (3) A person who obstructs or hinders or knowingly m ak es f al se or misleading statements to an inspector who is carrying o u t d u t i es under sub regulation (2), commits an offence and shall be l i able, on conviction, to the penalty prescribed in section 147 o f th e A ct . PART XV III - M ISCELLANEOUS PROVISIONS 105. A person who commits an offence under these Regulations for which no express penalty is provided shall be liable, on conv iction , to the penalty prescribed under section 147 of the A c t . 106. The Water Services Regulations, 2024 are revoked. U nauthori sed t ransf er of property W ater serv i ces inspector . General penalty . R ev oc at ion . L .N . N o . 138 o f 2024 . , 4 70 Kenya Subsidiary Legislation, 2025 F I R ST SC H E D U L E (r .I 2 (J )) COM PET EN CE CRIT ERI A FOR K EY EX ECU T I V E ST A FF OF W A T ER SE R V I C E S PR O V I D E R S Size of the Company Mandatory Ski lls Required Qual if ications Sm al l M anaging Director M inimum of a Diploma in water engineering. Business related f ield , environmental sciences or equivalent . Any other relevant professional f ield . If one is a professional engineer, they must be in good standing at the Engineers Board of Kenya and Institution of Engineers of Kenya. A u d i to r Qualified Accountant CPA (K) in good standing at Institute of Certif ied Publ ic Accountants of Kenya. F i nance At least one qualif ied Accountant (CPA (K ) in good standing at Institute of Certif ied Public Accountants of Kenya. C o m m erc i al M inimum of a diploma in a business-related f i e l d . H u m an R eso ur ces M inimum of diploma in human resource. Human resource practitioner must be in good standing with the Insti tute of Human Resource M anagement . T ec h n ic al Minimum of diploma in water engineering or technology . Laboratory technologist . If one is a professional engineer, they must be in good standing at the Engineers Board of Kenya and Institution of Engineers of Kenya. Pr oc urem ent Diploma in procurement . M ed i u m M anaging Director At least a first degree in civil or water engineering. Business related fi eld , environmental sciences or equivalent plus training in m an agem en t . A ny other relevant professional f ield. If one is a professional engineer, they must be in good standing at the Engineers Board of Kenya and Institution of Engineers of Kenya. ( 4 7 1Kenya Subsidiary Legislation, 2025 At least two qual if ied accountants CPA (K ) in good standing at Institute of Certif ied Publ ic Accountants of Kenya. F i n ance CPA (K ) in good standing at Institute of Certif ied Public Accountants of Kenya. A ud i to r At least a degree in business f ield plus Certif ied Credit Professional (CCP) qualif ication. C o m m erc i al Minimum of a degree in sociology public relations or equivalent . C u sto m er Ser v ic e M inimum of degree in HR. Human resource practitioner must be in good standing with the Institute of Human Resource M anagement . H uman Resources (H R ) Engineer - Degree in water civil or water engineering or equivalent . Laboratory Technologist -minimum of a diploma in laboratory technology . If one is a professional engineer , they must be in good standing at the Engineers Board of Kenya and Institution of Engineers of Kenya. T ech n i c al M inimum of a diploma in procurement .P ro c u rem en t At least a fi rst degree in civi l or water engineering. B usiness related f iel d , env i ronmental sciences or equivalent plus training in m anagement . A ny other relevant professional f ield . I f one is a professional engineer , they must be in good standing at the Engineers Board of Kenya and Institution of Engineers of Kenya. M anaging DirectorLarge A t least two qual if ied accountants CPA (K ) in good standing at Inst itute of Certif ied Publ ic Accountants of Kenya. F i n an ce M inimum of CPA (K ) in good standing at I n st i t u te o f C er t i f ied Pu b l i c A cco u n tan t s o f K eny a. A ud i to r At least a degree in business field plus Certif ied Credit Professional (CCP) qualif ication. C o m m er c i al M inimum of a degree in sociology publ ic relations or equivalent . C u sto m er Ser v i ce M inimum of degree in Human Resource. Human resource practitioner must be in good standing with the Institute of Human Resource M anagement. H um an Resources (H R ) . 4 72 Kenya Subsidiary Legislation, 2025 T ec hn i c al W ater Engineer - minimum of degree in civil or water engineering. W astewater Engineer - minimum of a degree in wastewater engineering. C hem i st minimum of a degree in chemistry . Any other relevant professional fi eld . If one is a professional engineer , they must be in good standing at the Engineers Board of Kenya and Institution of Engineers of K enya. M inimum of a degree in procurement . A t least a f irst degree in Civil or W ater Engineering, B usiness rel ated f i eld . Env i ronmental Sciences or equivalent plus training in m anagement . A ny other relevant professional fi eld . If one is a Professional Engineer, they must be in good standing at the Engineers Board of Kenya and Institution of Engineers of Kenya At least two qual if ied Accountants CPA (K ) in good standing at Institute of Certifi ed Public Accountants of Kenya. Minimum of CPA(K)and CISA in good standing at Institute of Certif ied Public Pr o c u rem en t Very Large M anaging Director F i n ance A u d i to r Accountants of Kenya. C o m m er c i al At least a degree in Business fi eld plus Certif ied Credit Professional (CCP) qualification. | M inimum of a degree in sociology public relations or equivalent . M inimum of degree in human resource. Human resource practitioner must be in good standing with the Institute of Human Resource M anagement . Engineer - minimum of degree in civil or water Engineering. Chemist - minimum of degree in chemistry. If one is a Professional Engineer, they must be in good standing at the Engineers Board of Kenya and Institution of Engineers of Kenya. C u sto m er Ser v i ce Human Resources (HR) T ec h n i c al Pr oc u rem en t At least a degree in procurement . Legal An Advocate of the high court of Kenya, in good standing with the Law Society of Kenya. This can also be outsourced. Kenya Subsidiary Legislation, 2025 4 7 3 SE C O N D SC H E D U L E (r . 91 ( I )) C O M PL A I N T S H A N D L I N G I N F O R M A T I O N T O B E G I V E N B Y C O M PL A I N A N T S U N D E R T H E SE R E G U L A T I O N S I tem Inf ormation Name of Complainant .(a) Contact address, telephone number , emai l address (if any) of Complainant .(b) Nature and location of the problem.(c) (d) Date that problem occurred. Name and, if available, the contact details of al l parties to the dispute or complaint . A ny other relevant details. (e) (f ) Signature of the Complainant .(g) M ade on the 19th February , 2025. ERIC M U RI T H I M U G A A , Cabinet Secretary f or Water , Sanitation & I rr igation. PRINT ED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI