Kwale County Water and Sanitation Act, no. 2 of 2020

national council for IAV/ Rl-PORTING libraicy SPECIAL ISSUE Kenya Gazette Supplement No 2 (Kwale County Acts No 2) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT KWALE COUNTY ACTS, 2020 NAIROBI, 17th March, 2020 CONTENT Act— PAGE The Kwale County Water and Sanitation Services Act 2020 1 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER NAIROBI THE KWALE COUNTY WATER AND SANITATION SERVICES ACT, 2020 No 2 of 2020 Date of Assent 10th March 2020 Date ofcommencement See Section 1 ARRANGEMENT OF SECTIONS Section PART I- PRELIMINARIES 1—Short title and Commencement date 2—Interpretation 3—Apphcation, objects and purposes of the Act 4—Guiding Pnnciples and Values PART n- POLICY, COORDINATION AND OVERSIGHT OF WATER SERVICES 5—Powers and Duties of County Executive Committee member 6—County Water and Sanitation Services Strategy 7— The Department of Water and Samtation Services PART m- ESTABLISHMENT AND OPERATION OF WATER SERVICES PROVIDERS 8— Establishment of county water services provider 9— Functions of the county water services provider 10— The governance of water service providers 11 — Meetings and Procedure of the Board 12— Functions of the Board 13 — Conduct of business of the Board 14— Remuneration of the Board 15— Chief Executive Officer and other employees of county water services providers 16—Finances of county water service providers 17 — The common seal of the County Water Services Provider 18—Protection from personal liability 2 No 2 Kwale County Water and Sanitation Services 2020 19— Liability for damages 20— Public awareness 21 — Pubbc Pnvate Partnership 22— Annual estimates of County Water Services Provider 23— Accounts and Audit 24— Register of water service providers PART rV- WATER SERVICES 25—Supply of Water 26—Service agreements 27 — Development of Water Works 28— County scheme 29— Tanffs for water and sanitation services 30— Rmg fencing of revenues 31 — Pnvate sector participation 32— Customer relations 33— Interruptions m water services PARTV-INSPECTION, EVALUATION AND MONITORING 34— Power of entry and inspection 35 — Evaluation and monitonng of water service providers PART VI-OFFENCES AND PENALTIES 36— Offences by employees 37— Impersonation of staff of the water services provider 38— Vandahsm of water and sanitation services mfrastructure 39— Illegal connection to water services 40— Contamination of water and supply to domestic premises PART VI- ADMINISTRATION OF CERTAIN WATER SUPPLY AND INFRASTRUCTURE SERVICES 41 — Raw water abstraction permits and access nghts 42— Apphcation for permit 43— Waterworks condition 3 2020 Kwale County Water and Sanitation Services No 2 44— Non-interference and restoration after construction works 45 — Register of permits 46— Water services audit 47— Septic Tank Sludge Management 48— Easements, access rights etc 49— Operation of commumty water projects 50— Construction of boreholes withm supply area 51 — Regulation of water vendmg kiosks PART Vra- APPROVALS OF CONSTRUCTION WORKS AFFECTING INFRASTRUCTURE, ETC 52— Approval of construction works 53— Certification of property development works connecting to water mains PART IX-PROTECTION OF WATER RESOURCES 54— Storm water drainage 55 — Storm water management plan 56— Reduction of runoff water 57— Ripanan buffers 58— Rainwater catchment 59— Catchment conservation 60— Sector wide forum PART X - SANITATION SERVICES AND POLLUTION CONTROL 61 — Master plan 62— Provision of samtation services 63— Waste water management 64— Comphance with effluent standards 65— Discharge of contaimnated water or effluent 66— Interference with sewerage system 67— Sewerage tariffs 4 No 2 Kwale County Water and Sanitation Services 2020 PART XI-FINANCIAL PROVISIONS 68— Trust fund 69— Administration of the Fund PART Xn-ENFORCEMENT 70— Authonzed officers 71 — Power of entry 72— Power of officers PART Xra-MISCELLANEOUS 73— Water conflict resolution 74— Regulations FIRST SCHEDULE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD OF COUNTY WATER SERVICES PROVIDER 5 2020 Kwale County Water and Sanitation Services No 2 THE KWALE COUNTY WATER AND SANITATION SERVICES ACT, 2020 AN ACT of the County Assembly of Kwale to provide the legal and institutional framework for provision of water and sanitation services m the county and for connected purposes ENACTED by the County Assembly of Kwale as follows— PART 1 - PRELIMINARY Short Title and commencement 1 This Act maybe cited as the Kwale County Water and Sanitation Services Act, 2020 and shall come into operaton on the date of publication in the Gazette Interpretation 2 In this Act, unless the context otherwise requires— "Authonzed officer" means an authonzed officer appointed under Section 8, "Board" means the Board of the County Water Service Provider established under Section 10, "Catchment" means an area of land that water can dram across, over, or under to a common point on a stream, nver, lake or wetland "Chief officer" means the Chief Officer for the time being responsible foi water services, "Commumty water service" means water services provided by a commumty association on a self-help basis "County Water Service Provider" means the County Water Service Provider established under Section 8, "County entity" means an entity of the County Government recogmzed as such under the provisions of the Public Finance Management Act, 2012, "County Executive Committee Member" means the County Executive Committee Member for the time being responsible for water and sanitation services m the county, "County Executive Committee" means the county executive committee provided for under Article 179 of the Constitution of 2010, "County water services provider" means a water services provider established by the County Government as a county government entity for the provision of water services within the county. 6 No 2 Kwale County Water and Sanitation Services 2020 "Department/s" means the Departmenl/s of Water and Sanitation Services established under Section 7, "Fund" means the Water and Sanitation Services Fund established under Section 68, "Gazette" means the Kenya Gazette published by the Government Pnnter, "Governor" means the County Governor of Kwale in terms of Article 179(4) of the Constitution of Kenya 2010, "Master plan" means a dynamic long-term planning document that will provide the county's conceptual layout to guide future growth and development of water and sanitation services, 'Tublic officer" means a person serving as a public officer m the County Government of Kwale or any of its agencies, "Public works" m this context means storage, intakes, transmission, distnbution, pipelmes, canals, dykes, water treatment works, sewer treatment works, pumping stations and pumps, dnlling and distnbution lines, "Regulatory Board" means the Water Services Regulatory Board established by the Water Act 2016, or its successor, "Ripanan land" means the boundary between land and a nver or stream, "Sanitation" means the provision of on-site samtation services mcluding latnnes, septic tanks and conservancies mcludmg the associated exhauster services, "Service agreements" means an agreement entered between the county water services provider and the department, "Sewerage services" means the provision of a piped network for the transport and or movement of wastewater for treatment and or final disposal offsite, "Samtation" means treatment and or final disposal of wastewater on site through latnnes, septic tanks, conservancy tanks, soak away pits, exhauster services and similar systems but does not include sewerage services, "Sector wide forum" means the water and sanitation services sector wide forum established under Section 60, "waste water" means water that has been used in the home, m a business, or as part of an mdustnal process. 7 2020 Kwale County Water and Sanitation Servicei No 2 "Waste water management" means the process m which waste water will be collected, treated, and discarded from residential, industnal and commercial sources within the county, "Water services" means the provision of water and or sewerage services for domestic, commercial, mdustnal, agncultural or other purpose and includes the supply of water for multiple uses, "Water services provider" means an entity providing water and or sewerage services as a business but excludes an establishment providing water services to persons resident within the premises of the establishment, "water works" means any construction, excavation, pipmg, drainage of any land, supply or transportation of water, water abstraction works, dnlling and equipping, water distribution, management of storm water and floods or storage, impounding of water for supply to the public or for pnvate purposes, drainage of any swamp or other land Application, Objects and Purposes of the Act 3 (1) This Act shall apply to the provision of water and sanitation services in Kwale County (2) Hie Act gives effect to the Constitution and national law as regards the provision of water and samtation services by the County Government of Kwale The object and purpose of this Act is to provide for a legal framework for implementation of sections 10 (a) and II of part 2 of the Fourth Schedule to the Constitution and Article 43 (1) (b) and (d) m order to— (a) ensure equitable and contmuous access to clean and safe water, (b) promote soil and water conservation, (c) promote water catchment conservation and protection, (d) provide for the development and management of county water services public works, (e) provide for coordination and regulation of county water and sanitation public works, (f) ensure effective and efficient provision of water and samtation services, (g) promote effective and efficient management of storm water m built up areas, (h) enhance sustainable management of water resources. No 2 Kwale County Water and Sanitation Services 2020 (1) promote mteragency collaboration and public participation in water resource development and management (3) The nghts conferred and duties imposed by this Act are in addition to those conferred and imposed by any other law Guiding Pnnciples and Values 4 The County Executive Comimttee member, the county water services provider and any person admimstenng or appl3nng this Act shall be guided by the pnnciples and values of the Constitution set out herein (a) national values and pnnciples of governance in Articles 10, (b) the nght of every person to clean and safe water m adequate quantities m Article 43(l)(d), and (c) the values and pnnciples of pubhc service m Article 232 PART n— POLICY, COORDINATION AND SUPERVISION OF WATER SERVICES Powers and Duties of County Executive Committee member 5 (1) Subject to the provisions of this Act, the County Executive Committee member shall exercise control and oversight over the development and provision of water and samtation services within the county (2) Without prejudice to the generahty of the foregomg, the County Executive Committee Member shall have responsibility to— (a) formulate and penodically review county policies, strategies and plans for the development and provision of water services, (b) on behalf of the county government put m place and mamtam measures and arrangements to implement and give effect to the Constitution and national law on the provision of water and sanitation services, (c) coordmate and oversee the development and provision of water and sanitation services within the County" (d) mobilize financial and other resources for the provision of water and samtation services, and (e) prepare a report for the Coimty Assembly quarterly, and fi-om time to time as may be necessary, on the state of water and sanitation services in the county (3) In the performance of [his][her]functions and duties under this Act the County Executive Committee member shall— 9 2020 Kwale County "Water and Sanitation Services No 2 (a) consult and coordinate with departments, agencies and entities of the national and county government whose functions affect the development and provision of water and sanitation services, and (b) consult with relevant stakeholders mcludmg non-govemmental organizations, the pnvate sector and consumer groups (4) In the discharge of his/her duties and functions under this Act, the County Executive Committee member shall be assisted by the Department of Water and Sanitation Services established under this Act County Water and Sanitation Services Strategy 6 (1) Following public consultation the County Executive Committee member shall formulate a County Water and Sanitation Services Strategy (2) The County Water and Samtation Services Strategy shall provide— (a) mformation on areas within the county in which access to basic water and samtation services is madequate, (b) plans and measures for the development and continuous improvement of water and sanitation services within the county, (c) an mvestment programme and a timeffame for the development, expansion and improvement of water and samtation services in the county, (d) mstitutional and financial arrangements and measures for the improvement of access to basic water services within the rural areas and underserved urban areas, (e) measures to facilitate the provision of water and samtation services by pnvate sector water service providers and commumty water service providers, and (f) cntena and procedures for the provision by the county government of financial, techmcal and other assistance to community water service providers (3) The strategy with the approval of the County Assembly shall be published in the Gazette after approval by the County Executive Comimttee (4) The county water services strategy shall be reviewed penodically and in any case not later than every five years 10 No 2 Kwale County Water and Sanitation Services 2020 (5) Every county public officer and every county organ shall give effect to the gazetted county water and sanitation services strategy in the discharge of his/her or its duties under this Act (6) Every pnvate water services provider and every community water service provider shall take account of the county water services strategy m its plans and programmes The Department of Water and Sanitation Services 7 (1) There shall be an office m the County Public Service of the Department of Water and Samtation Services (2) The Coimty Executive Committee member shall, in consultation with the County Public Service Board,' determine the staff establishment required by the Department to effectively perform its functions under the Act (3) The duties and functions of the Department shall be to— (a) provide technical support and advice to the County Executive Committee member m the discharge of his/her functions, (b) implement and give effect to the county water and sanitation services strategy, (c) m cooperation with other government agencies coordinate and regulate development of infrastructure and systems for water and sanitation services in the county, (d) issue authonzation to any person intending to carry out any water and samtation works similar to the pubhc works defined under this Act, (e) regulate use or access to land for the purposes of water conservation, (f) issue permits and regulate the provision of sanitation services, (g) subject to national legislation, implement a system and requirements for registration of water services providers operating within the county, (h) subject to national legislation, formulate rules, standards and guidelines for the provision of water services within the county, (i) m consultation with the Water Services Regulatory Board, enforce rules, guidelines and standards for the provision of water services AVithin the county, 0) gather, collate and analyze information and disseminate data on water and sanitation services in the county, 11 2020 Kwale County Water and Sanitation Services No 2 (k) maintain an mventory of the assets, facilities and other infrastructure of the county government for the provision of water and sanitation services, (I) provide technical and other support to water service providers, (m) receive and address complaints regarding the provision of water services, (n) perform such other duties and functions m relation to the provision of water and sanitahon services as are assigned to it by the County Executive Committee member (o) mamtam collaboration and cooperation with other government agencies and other county governments m carrymg out its functions (p) m collaboration with the national or other county governments imtiatmg, developmg, coordinating and managing pohcies, strategies and plans for water resources management and sanitation services, (q) facilitating public awareness and participation on sustainable water resources, sanitation and storm water management, (r) promoting and facilitating adoption and use of water conservation systems and methods, mcludmg water harvesting, (s) developing and coordinating implementation of water and samtation services management information system, (t) develop and promote policies, strategies and mechamsms for climate change mitigation and adaptation m the water sector, (u) mobilization of resources for water resources management and development and sanitation services, (v) developing performance management system and overseeing its implementation by the agencies established under this Act, (w) momtonng and evaluating the implementation of this Act and the water sector, (x) conducting and facilitating research and appropnate surveys for water resources management and facilitating dissemination and implementation of research findmgs, (y) acting as the repository of mformation and data on water sector, and 12 No 2 Kwale County Water and Sanitation Services 2020 (z) advising the County Executive Comimttee Member on the necessary policy to be adopted for sustamable water resources management PART m—ESTABLISHMENT AND OPERATION OF WATER SERVICES PROVIDERS Estabhshment of county water services provider 8 (1) The county government shall, followmg a resolution of the County Assembly, by notice m the Gazette, establish one or more county entities as a water and sewerage services provider or providers as the case may be— (2) A county water services provider established under this section shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of (a) suing and bemg sued, (b) taking, purchasing or otherwise acqumng, holdmg, charging or disposmg of moveable and immovable property, (c) borrowing money or making mvestments, (d) entenng into contracts, and (e) doing or performing all other things or acts necessary for the proper discharge of its functions under this Act whach may lawfully be done or performed by a body corporate (3) The County Executive Committee member shall assign to each county water services provider established under this section a water supply area which may cover the whole or a portion of the area of geographical jurisdiction of the county government (4) In determining the area of supply of a county water services provider the County Executive Committee member shall take account of and give effect to fte operabon within the whole or part of the proposed supply area of community or pnvate water services providers (5) Followmg the establishment of a county water services provider the assets, facilities and other infrastructure used for the provision of water and sanitation services within the water services provider's water supply area which belong to the county government shall be transferred or leased to the water services provider (6) Where the assets for the provision of water services m the supply area belong to a community water services provider the county water services provider may enter mto an agreement with the commumty water services provider for the use and or acquisition of the assets the terms of 13 2020 Kwale County Water and Sanitation Services No 2 which may provide that the commumty water services provider continues to provide water services as an agent of the county water services provider (7) The county shall establish four water services providers m the county one for each sub county Functions of the county water services provider 9 (1) A county water and sanitation services provider established under this Act shall be responsible for the provision of water and sewerage services, and for development and management of the related infrastructure and facilities, within its water supply area (2) The county water and sewerage services provider shall have the exclusive nght to provide water services within its area of supply (3) The performance by a county water services provider of the functions set out in this Act shall be subject to the reqmrement to obtain and maintam a licence issued by the Regulatory Board under the Water Act, 2016 (4) Developing and managing works for water conservation, (5) Promote or develop and manage water recyclmg systems, (6) Promote efficient water use and management for sustainable development, (7) Identify, initiate and promote water conservation systems, strategies and programs, (8) In collaboration with other agencies, develop and manage public mfrastructure for storm water management, (9) Maintam database related to water and samtation services, (10) Disseminate mformation related to water and sanitation services, (11) Mamtain collaboration and cooperation with other government agencies and other county governments in carrymg out its functions (12) A county water services provider established under the Act may, with the approval of the County Executive Committee, contract out the whole or aspects of its fiinctions to a pnvate water services provider, a commumty water services provider or another county entity which has the requisite capacity to provide water services 14 No 2 Kwale County Water and Sanitation Services 2020 The governance of water service providers 10 (1) Each county water services provider shall have a Board of Directors compnsmg a minimum of seven (7) and a maximum of eleven (11) members which shall guide and direct the performance of its fiinctions (2) The rules and procedures of the county government on the appointment, composition and qualifications of members of the board of directors of a county water services provider shall give effect to standards and gmdelmes prescnbed by the Regulatory Board (3) The Board of the County Water Service Provider shall consist of— (a) a non executive chairperson appomted by the Govemor with approval by the Coimty Assembly (b) the Chief Officer for time being responsible for water services, (c) the Chief Officer for the time being responsible for finance, (d) four persons nominated by water users firom the sub county (one from each sub-county) and appointed by the County Executive Committee member, (e) the Chief Executive Officer who shall be the secretary of the Board, (f) three persons appomted by the County Executive Comimttee Member by virtue of their knowledge, expertise and expenence in water and sanitation management matters one of whom must be of either gender (4) A person shall be qualified for appomtment as chairperson or a member appomted under subsection (3) (f) if the person— (a) holds at least a Degree m matters relating to water and samtation from a recognized institution, (b) has knowledge and expenence of at least five years in matters relating to water resources management, water and sanitation services management or any other related field, (c) meets the requirements of Chapter Six of the Constitution, and has had a distinguished career in their respective fields (5) A person shall be qualified for appointment as a member under sub section (3) (d) if the person— (a) holds at least a postsecondary certificate from a recogmzed institution. 15 2020 Kwale County Water and Sanitation Services No 2 (b) has knowledge and expenence of at least 2 years in matters relating to water resources management, local development, or any other related field, (c) meets the requirements of Chapter Six of the Constitution, and (d) IS a resident of the sub county (6) The term of the Board of the county water and samtation services provider shall be three years which term shall not be affected by the expiry of the term of office of the county government (7) In appomtmg the members under Section 10 (3) (a) and (f) the water users and the county executive committee member shall consider the one third gender rule and mclusion of marginalized groups and persons living with disabilities (8) The chairperson/members of the board may vacate or be removed from office on any of the following grounds— (a) upon expiry of the term of office, (b) upon subrmssion of a wntten resignation notice to the appomtmg authority, (c) unable to perform his or her duty due to physical or mental incapacity as certified by a registered medical practitioner, (d) death, (e) gross violation of the constitution or any other wntten law, (Q declared bankrupt, and (g) upon conviction of a cnminal offence whose terms exceeds six month impnsonment (9) Where a vacancy occurs m the membership of the board m accordance with section 8 or the first schedule the appomtmg Authonty shall appoint a new member in accordance with the provisions of this act Meetings and Procedure of the Board 11 The First Schedule shall have effect in relaton to the meetings and procedures of the Board Functions of the Board 12 The functions of die Board shall be to— (a) ensure proper and efficient exercise of the powers and performance of the functions of the County Water Services Provider, 16 No 2 Kwale County Water and Sanitation Services 2020 (b) advise the management of the County Water Services Provider generally on the exercise of the powers and the performance of the functions of the County Water Services Provider, (c) approve the estimates of the revenue and expenditure of the County Water Services Provider , and (d) perform such other functions as are provided for under this Act or any other wntten law Conduct of business of the Board 13 (1) The conduct and regulation of the business and affairs of the Board shall be as set out m First Schedule (2) Except as provided in the First Schedule, the Board may regulate its own procedure Remuneration of the Board 14 The remuneration of the members of the Board shall be as determmed by the County Public Service Board m consultation with the Salanes and Remuneration Commission Chief Executive Officer and other employees of county water services providers 15 (1) A County Water Services Provider shall employ a Chief Executive Officer who is competitively recruited by its Board (2) To qualify for appointment as a chief executive officer, a person must— (a) possess a degree m a relevant field from a recognized umversity, (b) have had expenence in management for a penod of not less than five years (3) The chief execubve officer shall hold office for a penod of three years, on such terms and conditions of employment as the Board may determine, and shall be eligible for re-appomtment for a fiirther and final term of three years (4) The Chief Executive Officer shall, m accordance with this Act, and under the general direction of the Board, be responsible for the daily management and performance of the functions and duties of the County Water Services Provider (5) The Chief Execubve Officer shall be an ex-qfficio member of the Board of Directors (6) Tlie Chief Execubve Officer may— 17 2020 Kwale County Water and Sanitation Services No 2 (a) at any tune resign from office by issumg notice m wntmg to the chairperson of the Board, (b) be removed from office by the County Executive Committee Member on recommendation of the Board, for— (i) senous violation of the Constitution or any other wntten law, (ii) gross misconduct, whether m the performance of the functions of the office or otherwise, (ill) physical or mental incapacity to perform the functions of office, (iv) incompetence, (v) bankruptcy (7) A County Water Services Provider may engage such employees as it may consider sufficient for the performance of its functions under this Act on such terms and conditions of service as the Board may approve (8) A person employed by a County Water Services Provider shall be a public officer and subject to the laws governing the conduct of public officers Finances of county water service providers 16 (1) The funds and assets of a County Water Services Provider shall consist of— (a) such monies as may be appropnated by die County Assembly for the purposes of the County Water Services Provider, (b) any monies or property which may m any manner accrue or vest m the County Water Services Provider m the course of the exercise of its functions under this Act, (c) such monies as may become payable to the County Water Services Provider by way of fees and other charges in respect of services rendered by or through it, and (d) all monies from any other sources provided whatsoever donated, lent or granted to the County Water Services Provider (2) The County Executive Committee may set up a dedicated fiind mto which the county government and others may place fiinds for supporting the provision of water services to underserved areas (3) The rules governing the operation of the fund shall be prescnbed by the County Executive Committee member m consultation with the Counly Executive Committee member m charge of the County Treasury 18 No 2 Kwale County Water and Sanitation Services 2020 The common seal of the County Water Services Provider 17 (1) The common seal of the County Water Services Provider shall be kept m the custody of the Chief Executive Officer or of such other person as the Board may direct, and shall not be used except upon the order of the Board (2) The common seal of the County Water Services Provider, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given (3) The common seal of the County Water Services Provider shall be authenticated by the signature of the chairperson of the Board and the Chief Executive Officer (4) The Board shall, in the absence of either the chairperson or the chief executive officer, in any particular matter, nominate one member of the Board to authenticate the seal of the County Water Services Provider on behalf of either the Chairperson or the Chief Executive Officer Protection from personal habihty 18 (1) No matter or thing done by a member of the Board or by any officer, member of staff, or agent of the County Water Services Provider shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the County Water Services Provider under this Act, render the member, officer, employee or agent or any person actmg on their directions personally liable to any action, claun or demand whatsoever (2) Any expenses incurred by any person in any suit or prosecution brought against him or her m any court, m respect of any, act which is done or purported to be done by him or her under the direction of the Board, shall, if the court holds that such act was done bona tide be paid out of the funds of the County Water Services Provider, unless such expenses are recovered by him or her in such suit or prosecution Liabihty for damages 19 The provisions of section 13 shall not relieve the County Water Services Provider of the liability to pay compensation or damages to any person for any mjury to him or her, his or her property or any of his or her mterests caused by the exercise of any power conferred by this Act or any other wntten law or by the failure, wholly or partially, of any works 19 2020 Kwale County Water and Sanitation Services No 2 Pubhc awareness 20 The County Water Services Provider shall m carrying out its functions— (a) provide pubhc education and awareness on efficient and sustainable water use, (b) invest m water source protection and conservation Pubhc Private Partnership 21 The County Water Services Provider, with approval of CEC Member for Finance and CEC Member responsible for Water Services, may enter mto public pnvate partnership m order to effectively carry out its functions in accordance with the Public Pnvate Partnership Act Annual estimates of County Water Services Provider 22 (1) Not less than six months before commencement of each financial year, the board of a county water services provider shall cause to be prepared estimates of the revenue and expenditure for that year (2) The annual estimates shall make provision for all the estimated capital and recurrent expenditure of a county water services provider m accordance with its functions and powers under this Act, for the financial year concerned (3) The Board shall submit the estimates to the County Executive Committee member, who shall present the estimates for consideration and approval by the County Assembly (4) No expenditure shall be incurred for the purposes of a county water services provider except in accordance with the annual estimates approved under this section Accounts and audit 23 (1) The board of a county water services provider shall keep proper books of account of its income, expenditure, assets and liabilities (2) Within three months after the end of each financial year the board of each county water services provider shall submit to the Auditor-General the accounts m respect of that year, together with (a) a statement of the income and expenditure dunng that year, and (b) a statement of the assets and liabilities on the last day of that financial year (3) The annual accounts of a county water services provider shall be prepared, audited and reported upon in accordance with the provisions of 20 No 2 Kwale County Water and Sanitation Services 2020 Article 226 and 229 of the Constitution and applicable national and county government legislation Register of water service providers 24 (1) The Department shall maintam a register of all water service providers operating within the area ofjunsdiction of the county (2) For purposes of the register each water services provider shall, withm 12 months of commencement of the Act or, in respect to water service providers established after the commencement of the Act, of its establishment or such longer penod as the Executive Committee member may allow, submit to the Department information on— (a) its area of supply, (b) the number and location of customers served, (c) an mventory of the facilities and infrastructure available to it for the provision of water services, (d) particulars of its board of directors or management committee and staff including the technical qualifications of its staff, (d) the tanff charged, (e) particulars of liabilities, (f) its licence status with the Regulatory Board and, if licensed, a copy of the licence, (g) plans and progiammes for the improvement of water services it provided, and (h) such other information as the Executive Committee member may by regulations prescnbe (3) By the end of March of each calendar year the water services provider shall notify the Department of matenal changes to the information provided m the previous year and the Department shall as soon as practicable thereafter update the register PART IV—WATER SERVICES Supply of Water 25 The County Water and Sanitation Services shall progressively ensure that — (a) every person has access to safe and clean water for domestic use withm a reasonable distance. 21 2020 Kwale County Water and Sanitation Services No 2 (b) there is accessible water for agncultural, livestock, wildlife and industnal use, (c) equitable distnbution of water between consumers in urban and rural areas Service agreements 26 (1) The County Water Services Providers shall enter into a Service Provision Agreements with the Department m consultation with the board of the service provider (2) The Service Provision Agreements shall have a life span as determined by the Counly Executive Committee Member Development of Water Works 27 (1) The County Water Services Providers may for the purposes of canymg out its fimctions erect or develop waterworks and public works on a public or pnvate property (2) Notwithstanding provisions of subsection (1), the County Water Services Providers shall seek consent of the ovraer of pnvate land or the relevant government agency occupying or m whose custody the public land falls where it seeks to erect any water works or public works and shall provide the prescnbed compensation (3) The County Water Services Providers shall in collaboration with the department of roads identify and establish specific areas on any road where public works under this Act may be earned out (4) The Counly Water Services Providers shall seek easements from owner or occupier of any land for construction of water works or public works to be undertaken on such land County scheme 28 (1) The County Water Services Providers may with the approval of the executive committee member initiate a counly scheme to provide services under this Act for public benefit (2) Where the County Water Services Providers deem necessary to erect or establish such a scheme or related public works on pnvate property or land, the county government may purchase the property or in accordance with the laws governing compulsory acquisition seek such compulsory acquisition (3) A county scheme shall take precedence over any pnvate or community scheme 22 No 2 Kwale County Water and Sanitation Services 2020 Tariffs for water and sanitation services 29 (1) Subject to the national policy and such requirements as may be imposed under national law, tanffs for the provision of water services to urban areas shall be set on the basis of full cost recovery while tanffs for the provision of water services to rural areas may be set on the basis of the full recovery of operation and maintenance but not capital costs (2) The county government may in appropnate cases provide financial assistance to enable water services providers which satisfy the cntena stipulated m the water services strategy meet a portion of its operation and maintenance costs (3) Subject to national legislation a water services provider may impose a charge for accepting into its samtation system and treating wastewater from mdustnal and other trade premises within its supply area (4) Water services providers which provide desludgmg and or exhauster services may impose a charge for treating the sludge and or wastewater (5) Not less than 14 days pnor to the due date of payment a water services provider shall avail a bill or other invoice to each of its customers prepared whenever practicable on the basis of metered supply (6) The tanffs and user charges imposed or levied imder this section shall be subject to approval by the County Executive Committee Ring fencing of revenues 30 (1) All fimds of the county water services providers and all revenues ansing from provision of water services by county water services providers shall not form part of the general revenues of the county government but shall be retained by the water services providers for then* purposes (2) Any excess of revenue over expenditure at the end of the financial year shall not be paid over to the county government but shall be retained by the county water services providers to be used for the improvement of water services within the area of supply of the county water services provider (3) Every water services provider shall establish and maintain a contingency ̂ d into which it shall pay a portion of its revenues to be used to pay for emergency repairs and meet the costs ansmg from unforeseen occurances which can disrupt the provision of water services 23 2020 Kwale County Water and Sanitation Services No 2 Private sector participation 31 (l)Subject to compliance with the requirements of applicable national law county water services providers may, in an appropnate case, engage m a public pnvate partnership for development of water services infrastructure and or the provision of water and or samtation services (2) Any assets, facilities and infrastructure developed under a public pnvate partnership to be used for the provision of water and or sanitation services shall be deemed to be public property and upon the expiry or other termmation of the public pnvate partnership agreement shall be vested m and be owned by the county government or county water services provider as appropnate (3) The county government may with the approval of its assembly and the Regulatory Board and subject to compliance with applicable national and county legislation divest itself of the assets and liabilities for the provision of water services to a pnvate water services provider Customer relations 32 (1) Water services providers shall at all times maintain a customer relations system including a feedback and gnevance resolution system (2) Water services providers shall formulate and regularly review a service delivery charter, including implementation mechamsms Interruptions in water services 33 (1) On each occasion of a planned interruption water services providers shall notify its customers who are likely to be affected by the interruption not less than 24 hours pnor to the planned interruption and shall indicate the expected duration of the interruption (2) Where an unplanned mtermption occurs to water services, the water services providers shall notify its customers as soon as reasonably practicable and in any event not less than 12 hours after the discovery of the interruption, and keep customers fully appraised on the progress being made to redress the cause of the interruption and the expected time and or day of resumption of normal service (3) Where an interruption in services extends for a penod longer than 14 [or other appropriate period] days the water services providers shall take remedial measures to provide consumers with a basic supply of water through bowsers and other mobile means 24 No 2 Kwale County Water and Sanitation Services 2020 PART V— INSPECTION, EVALUATION AND MONITORING Power of entry and inspection 34 (1) A water services provider shall establish and maintain an inspectorate service with adequate resources and staff (2) An inspector employed by the water services provider may enter any prenuses to which it provides water and or sewerage services m order to inspect and monitor (a) the distnbution system (b) the metre(s) (c) water storage systems (d) the sewerage system (e) such other elements of the water and sewerage services as the County Executive Committee member, may, through regulations, authorize (3) An inspection may only be undertaken between the hours of Sam and 6pm except in an emergency (4) A water services provider shall commumcate to its customers the recommended methodsand procedures of venfymg the identity of inspectors seeking entry into premises and mamtain at all times a customer help line to which customers may telephone to venfy any information provided to them by the mspector (5) Where the water and samtation services provider has knowledge of, or suspects the illegal or unauthorized access to, and use of its water and or samtation services m any premises, it shall apply to the appropnate court for a warrant to enter and search the premises (5) Nothmg m this sub-section (4) shall prevent a water services provider from disconnecting and termmatmg the water services from a point outside the premises in question Evaluation and monitoring of water service providers 35 (1) The County Executive Committee member shall, on an annual basis, with the technical assistance of the Department and m consultation with the Regulatory Board, undertake monitonng and evaluation of the performance of each water services provider to ascertain the extent of compliance with the county water services strategy and performance targets (2) The County Executive Committee member shall, on the basis of recommendations of the momtonng and evaluation report, take 25 2020 Kwale County Water and Sanitation Services No 2 appropnate remedial measures to ensure the contmuous improvement of the standard and quality of water and or sewerage services provided by water services providers operatmg m the county PART VI—OFFENCES Offences by employees Cap 63 Cap 65 Cap 183 36 (1) Employees of a county water services provider shall have immumty from liability and prosecution for any losses ansmg from action taken in good faith in execution of lawful duties (2) Notwithstandmg (1) above, any actions of employees of a county water services provider involving solicitation and receiving of bnbes and corrupt practices shall be punishable, as appropnate, under Public Officer Ethics Act, Penal Code, or the Anti-Corruption and Economic Cnmes Act or their replacement or amendment (3) It is an offence for a employee of the water services provider to willfully fail to— (i) read a metre when it is [his] [her] duty to do so, (ii) disconnect water services to a customer who has defaulted m makmg payment contrary to rules set by the water services provider, (ill) notify the water services provider of an illegal or imauthonzed access and utilization of the water and or sewerage services, (4) It IS an offence for an employee of a water services provider to collude with other persons to allow or assist such persons illegally to access and use water services contrary to rules set by the water services provider (5) Upon conviction for an offence under this section the person shall be liable to a sentence of not less than three months imprisonment or a fine not less than thirty thousand shillmgs, or both such fine and impnsonment (6) For purposes of this section, an employee of a water services provider includes a person engaged on casual terms of service, as well as a contractor when performing duties falling within the scope of this section 26 No 2 Kwale County Water and Sanitation Services 2020 Impersonation of staff of the water services provider 37 Any person who impersonates an employee of a water services provider shall be guilty of an offence and, upon conviction, be liable to a sentence of not less than six months impnsonement, or a fine not less than Thirty Thousands shillings, or both such fine and impnsonment Vandalism of water and sanitation services infrastructure 38 (1) Any person who willfully vandalizes, damages, or destroys infrastructure or a facility of a water and sewerage services provider shall be guilty of an offence and, on conviction, shall be liable to a sentence of not less than six months impnsonment or a fine of not less than thirty thousand shillmgs or both such fine and impnsonment (2) Upon conviction for a second or subsequent offence mvolvmg the willful destruction or vandalism of infrastructure or facilities belongmg to a water services provider the offender shall be liable to impnsonment for a term not exceeding two years, or a fine of not less than One Hundred Thousand shillmgs, or both such fine and impnsonment (3) A toll free hotlme number shall be provided for reporting vandalism Illegal connection to water services 39 (1) Any person who illegally connects to, diverts and utilizes for any purpose, water and or sewerage services provided by a water services provider shall be guilty of an offence and upon conviction shall be liable to impnsonment for a term not exceeding one year or a fine of not more than One hundred Thousand Shillings or both such fine and impnsonment (2) Upon conviction the offender shall additionally be liable to a surcharge of the full value of the water services illegally utilized, with mterest computed at the rate of 12% per annum until paid m full, which surcharge shall be recoverable as a debt owed to the water services provider Contammation of water and supply to domestic preimses 40 (1) Any person who willfully contaminates or pollutes water which IS used or intended to be used for domestic supply by discharging contammants into it, throws waste or other contaminating matter into it or otherwise handles such water m such a manner as to contaminate it shall be guilty of an offence and upon conviction shall be liable to impnsonment for a penod of not less than six months or to a fine of not less than fifly thousand shillings or both such fine and unpnsonment 27 2020 Kwale County Water and Sanitation Services No 2 (2) Any person who supplies water to domestic premises which he knows or ought to know is not fit for domestic consumption without issumg a warmng to persons who are likely to consume it to the effect that the water is not fit for consumption and must be treated pnor to bemg consumed is guilty of an offence and liable on conviction to imprisonment for SIX months or a fine of not less than Fifty Thouand shillings of both such fine and such impnsonment PART Vn— ADMINISTRATION OF CERTAIN WATER SUPPLY AND INFRASTRUCTURE SERVICES Raw water abstraction pernuts and access rights 41 (1) A county water services provider shall ensure the availability and development of sources of water for abstraction as necessary to enable the water services provider supply adequate quantities and quality of water to its consumers (2) A water services provider shall apply for and secure an abstraction permit from the relevant national regulatory authonty, access nghts, easements and source development agreements as may be necessary to enable it obtam such raw water as it requires for the performance of its functions (3) Where the water services provider does not have access to adequate sources of raw water for supply to consumers withm its area of supply it shall, with the support of the County Executive Committee member, make arrangements for the purchase of water m bulk Apphcation for permit 42 An apphcation for a permit under Section 41 shall, where applicable be accompanied by an environmental impact assessment report m accordance with the Environmental Management and Coordination Act, 2015 and shall specify among others— (a) the purpose and nature of Ihe works to be undertaken, (b) the nature of works to be earned out, (c) the duration within which the works are expected to be completed (2) The Department shall, where the construction of works will be undertaken on public property or where the works will affect a cross section of the residents, issue a public notice within fourteen days after such an apphcation and invite any person to make comments or object to such an apphcation (3) A person may lodge an objection to application for a permit 28 No 2 Kwale County Water and Sanitation Services 2020 (4) Every objection to an application shall be made in writing to the Chief Officer setting out the grounds for such an objection (5) The Department shall, upon receiving the application either give Its no objection or object to the applicant for a permit (6) The Department may, where appropriate conduct public heanngs on the objection (7) An objector or an applicant for a permit may appear personally or by an advocate at the heanng of an application (8) The Department shall consider the application within thirty days of such an application and may where it is satisfied that the applicant does not have an adequate supply for the water services provider grant its no objection to the issue of the permit subject to any such conditions as may be prescnbed and upon the applicant paying the prescnbed fees (9) Where the Department is not satisfied that the applicant does not have adequate supplies fi:om the water services provider, it may— (a) reject the application giving reasons and notify the applicant accordingly within thirty days of the decision to reject, or (b) make comments and recommendations thereon and return it to the applicant withm thirty days (10) An applicant to whom the application is returned under subsection (9) (b) may re-submit the application within sixty days (11) On receipt of any revised application under subsection (10), the Department shall, within thirty days determine the application in accordance with this Act and upon such determination, if satisfied, issue a permit Water Works condition 43 Notwithstanding Section 42, the Department shall prescnbe the appropnate conditions related to equipment and technology, design, construction, operation and maintenance of waterworks Non interference and restoration after construction works 44 A person who cames out any construction works under this Act on any public property shall ensure that— (a) there is no interference with the normal usage of any part of property or land, (b) necessary measures are taken to prevent members of the public from being exposed to any danger or harm as a result of such works. 29 2020 Kwale County Water and Sanitation Services No 2 (c) any parcel of land or property where the works were taking place are restored to its onginal state Register of permits 45 (1) The Department shall maintain a register of permits issued under this Act, which shall include all details related to the permit (2) The register of permits shall be accessible to members of the public upon payment of the prescnbed fees Water services audit 46 (1) The County Water Services Provider board m collaboration with the Department shall audit and assess the number of persons providing water services in the county whether the persons are authonzed or not (2) The Department shall submit the data and mformation collected under this section to the County Executive Committee Member who shall issue policy directive on management of water services to such persons in accordance with this Act Septic Tank Sludge Management 47 (1) The County Executive Committee member in consultation with the County Executive Committee member m charge of public health shall, as soon as reasonably practicable following coming into effect of the Act, make regulations govemmg the sustamable management of septic tank sludge, including the hcensmg of exhauster service providers, and disposal of sludge after collection from septic tanks by exhauster service providers (2) Regulations made under this section may require one or more county water service providers to establish and maintam facilities for the disposal of septic tank sludge and waste water from exhausters operating within the area of supply of the county water services provider Easements, access nghts etc 48 (1) The acquisition of easements for purposes of water services infrastructure shall follow the procedure set out m national law (2) A water services provider which acquires easements, access nghts and or property nghts over land on or over which its facilities and mfrastructure is constructed shall ensure that it has obtained and registered the property or access nghts m its name and it has m its custody the relevant title documents (3) A water services provider shall take steps to obtain and maintain in its records "as built" draivmgs of its facilities and infrastructure. 30 No 2 Kwale County Water and Sanitation Services 2020 reference maps and plans and other relevant documents which show the location and layout of the water inj&astructure (4) The County Executive Committee Member shall prescnbe rules for protectng access nghts to point water sources enjoyed by community members on traditional or other non-statutory basis Operation of community water projects 49 (1) The County Executive Committee member shall facilitate the development and operation of community water service providers in rural areas within which the county water service providers do not provide adequate water services (2) Where, following viability studies, it is recommended that certam commumly water service providers should cluster mto bigger associations m order to better achieve viability, the County Executive Committee member shall put in place appropnate measures to encourage such commumty water service providers to cluster, consolidate and outsource to a common services provider services such as billing services, pump maintenance services and other similar services, or engage the services of a contractor to provide professional management services (3) A commumty water services provider which takes steps to enliance viability through clustering, outsourcmg of services and or engagement of professional management services shall be eligible to financial, techmcal and other support from the county government dunng the penod before it achieves financial viability Construction of boreholes within supply area 50 (1) Subject to national legislation every application to the water resources regulatory authonty for the construction of a borehole for domestic water consumption within the area of supply of a water services provider shall be submitted for a 'no-objection" to the water services provider within whose area of supply the borehole is to be constructed (2) In considenng an application for a "no-objection" the water services provider shall take account of its ability to provide the water services m respect to which the application for the borehole has been made and, if It reasonably believes that it can provide the required water services within a penod not exceeding one year, it shall decline the request for a "no-objection " (3) The water services provider shall mamtam an mventory of boreholes constructed within its area of supply (4) Where the water services provider wishes to take water from the borehole for supply to its 31 2020 Kwale County Water and Sanitation Services No 2 customers it shall enter mto a contract with the owner of the borehole for the purchase of water from the owner of the borehole (4) Any dispute between the owner of the borehole and the water services provider over the use of the borehole by the water services provider for the provision of water to the water service provider's customers shall be submitted to the Water tribunal for determination Regulation of water vending kiosks 51 (1) The County Executive Committee member shall, within six months of this law coming mto effect, make regulations on water vending kiosks (2) Without prejudice to the generality of subsection (1) such regulations may make provision with respect to— (a) the operations and licensing of water kioks, (b) sources of water and tanffs chargeable for water sold and purchased at water vending kiosks, (c) optimal location of kioks, and (d) restnction of ownership of water vending kiosks by employees of water service providers PART Vm—APPROVALS OF CONSTRUCTION WORKS AFFECTING INFRASTRUCTURE Approval of construction works 52 (1) In all cases where a person is undertaking construction works which affect water and sanitation infrastructure operated by a water services provider the approval of the water services provider shall be obtained on terms and conditions set by the water services provider, which may include the payment of a fee to be prescnbed in the regulations (2) It IS an offence for a person to undertake the works contemplated m this section without the approval of the water services provider and upon conviction, such person will be liable to a fine of not less than One Hundred Thousands shillings or impnsonment for a term not exceeding SIX months or both such fine and such impnsonment (3) Where damage is caused to infrastructure belonging to or used by the water services provider through construction works the person responsible for the works shall be liable to a surcharge of the full cost of repairs or replacement and such costs shall be a debt due to the water services provider recoverable at its instance through a suit m the appropnate court 32 No 2 Kwale County Water and Sanitation Services 2020 (4) The provisions of this section shall apply equally to public entities undertaking construction works as they do to pnvate persons Certification of property development works connecting to water mams 53 (1) In every case where a developer of property is undertaking plumbing, sewerage and related works for connection of the pnvate property to the mains operated bya water services provider (a) the developer shall present the plans for such plumbing and sanitation works to the water services provider for inspection and approval, pnor to commencement of construction, and (b) 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 to the mains (2) A developer who undertakes plumbing, sewerage and related works for connection of the pnvate property to the mams operated by a water services proAuder without presentmg the plans for certification as required under this section shall be guilty of an offence and on conviction shall be liable to impnsonment for up to six mondis or a fine or not more than Fifty Thousand Shillmgs or to both such fine and impnsonment PART IX— PROTECTION OF WATER RESOURCES Storm water drainage 54 (1) The Department shall m collaboration with relevant county/ies or national government departments and local residents promote sound water and land use practices (2) Before undertaking works for the development of property m an urban area the person shall prepare and submit for approval by the Department a storm water management plan (2) The plan shall make provision for short term storm water retention and and augmentation of groundwater resources before discharge mto storm water dramage channels of the urban authonty (3) The arrangements made by the urban authonty for the disposal of storm water from rooftops and paved areas of the urban area may not mcrease the nsk of erosion or floodmg of pnvate property (4) The powers of the Department to approve a storm water management plan under this section shall be exercised in consultation with the Department m charge of county urban planning 33 2020 Kwale County Water and Sanitation Services No 2 Storm water management plan 55 (1) For the purposes of this section, a water catchment means an area of land that water can dram across, over, or under to a common pomt on a stream, nver, lake or wetland (2) There shall be for each town or urban area, a watershed storm water management plan in accordance with the prescnbed standards (3) The town admmistrator or an officer responsible for managing an urban area shall ensure that the storm water management plan is developed and implemented through a consultative process (4) The storm water management plan shall among others— (a) identify, survey and inventory existing conditions that affect storm water runoff, (b) address issues of peak flows, flooding, ground water recharge, stream erosion and water quality (5) A person or entity engaged in land development activity, construction of a building or any physical infrastructure that is exposed to water precipitation or an oAvner of such constructed infrastructure shall develop and implement a storm water management plan on a sub catchment basis m accordance with the prescnbed standards (6) Any person constructing a road shall ensure that there is a built in storm water management plan and system for that road (7) Any construction of a building, physical infrastructure or a road shall not be approved unless the construction has a storm water management plan to be implemented (8) A person who contravenes this section commits an offence and shall— (a) if a corporate body be liable to a fine of five hundred thousand shillings, or (b) if an mdmdual to a fine not exceeding fifty thousand shillings or imprisonment for a term not exceedmg three months Reduction of runoff water 56 (1) The owner of a house, property or buildmg shall— (a) mstall ram barrels with sufficient capacity to store water from the building, (b) where applicable not permit storm water to become runoff, 34 No 2 Kwale County Water and Sanitation Services 2020 (c) reuse or recycle storm water collected for other purposes m the premises Ripanan buffers 57 (1) For the purposes of this section, a npanan buffer is an area around or situated next to bodies of water that act as buffers or cushions to that water body (2) The Department in collaboration with other government agencies and local residents shall mobilize residents, develop or restore npanan buffers along nvers, waterways or any water body (3) No person will interfere with a restored npanan buffer m a way that exposes it to run off water (4) A person who contravenes subsection (3) commits an offence and shall— (a) if a corporate body be liable to a fme not exceeding shillmgs five hundred thousand shillings, and (b) if an individual be liable to a fine not less than fifty thousand or to impnsonment for a term not exceeding two months Rainwater catchment 58 (1) The County Executive Committee member m consultation with the County Executive Committee member m charge of county planning shall make rules requinng householders to install rainwater catchment systems with a storage capacity capable of meetmg 7 days demand of the household for domestic water supply (2) The Department shall advise householders on the household treatment and other handling requirements for rainwater which is to be consumed Catchment conservation 59 (1) The County Executive Committee member, m consultaton with the county executive committee member m charge of environment, shall formulate a strategy for the conservation by the county government of catchments and other sources of water from which a water service provider takes water for supply (2) The strategy shall provide for measures and institutional arrangements of the county government for the conservation of catchments and water sources (3) The strategy shall provide methods of recyclmg water for livestock consumption, farming purposes and other connected purposes 35 2020 Kwale County Water and Sanitation Services No 2 (4) The strategy shall provide collaborative arrangements between the county government and water resources users associations in the formulation and implementation of catchment sub-catchment management plans (5) The County Executive Committee member may, following consultations with the County Executive Committee member m charge of the County Treasury, impose a levy on water consumption to be used to finance part of the cost of implementation of catchment management plans by water resources users associations (6) The Department shall in consultation with National Land Commission, other agencies and the public declare by notice in the Gazette any area to be a water conservation area for the purpose of conserving water (7) The Department may impose through a notice such conditions and requirements regulating or prohibiting certam activities in relation to the water conservation area (8) The Department shall— (a) through intergovernmental relations Act, County Governments Act and any other wntten laws collaborate with other county governments m conservation and protection of water sources and catchments of strategic importance which are located outside the county, (b) support financmg of water conservation and catchment protection, (c) support and enforce reserve flow mamtenance at all times, (d) m collaboration with other agencies develop policy and strategy and on water storage at household and farm level and ensure their implementation, and (e) m collaboration with Water Resource Users Associations will participate m development and monitor implementation of sub catchment management plans Sector wide forum 60 (1) The Department shall constitute and convene the water and samtation services sector wide forum (2) The sector wide forum shall consist of all stakeholders m the water and samtation sector as shall be prescnbed (3) The roles of the sector wide forum shall be— 36 No 2 Kwale County Water and Sanitation Services 2020 (a) review and deliberate on water resources management and sanitation services, (b) propose policy or legislative mterventions for effective implementation of this Act, (c) participate in development of measures, plans and strategies for implementmg this Act (4) The sector wide forum shall meet at least once every three months PART X— SANITATION SERVICES AND POLLUTION CONTROL Master plan 61 The Department shall in collaboration with other county and national government departments and local residents prepare a five years samtation services master plan Provision of sanitation services 62 The County Water Services Provider shall either directly or through public pnvate partnership— (a) provide necessary sanitation facilities and services, (b) construct, operate and maintain extensive system of sewers and treatment facihtes to meet applicable discharge requirements Waste water management 63 The Department shall— (a) develop strategies and policies to encourage treated waste water and dned sludge re-use, (b) m cooperation with relevant government agencies will penodically carry out effluent quality analysis to confirm efficacy of the facilities Comphance with effluent standards 64 (1)A person or entity shall, when disposing final effluent comply with the guidelines prescnbed by Kenya Bureau of Standards (2) A person who contravenes subsection (2) commits an offence and shall— (a) if a corporate body be liable to a fine not exceeding shillings' five hundred thousand shillmgs, and 37 2020 Kwale County Water and Sanitation Services No 2 (b) if an individual be liable to a fine of fifty thousand or to impnsonment for a term not exceeding two months Discharge of contaimnated water or effluent 65 (1) A person shall not discharge or dispose any contammated water or effluent unless m accordance with the prescnbed guidelmes and standards (4) A person who contravenes subsection (2) commits an offence and shall— (a) if a corporate body be liable to a fine not exceeding shillings five hundred thousand shillings, and (b) if an individual be liable to a fine of fifty thousand or to impnsonment for a term not exceeding two months Interference with sewerage system 66 (1) A person shall not interfere with any sewerage facility or system unless with a wntten consent of the County Water Services Provider for the purposes of carrying out works withm the area of the facility or system (2) A person who contravenes this section commits an offence and shall be liable to a fine not exceedmg shillings five hundred thousand or to impnsonment for a term not exceeding three years Sewerage tariffs 67 (1) Subject to the County Governments Act and any wntten law, the County Water Services Provider may impose tanffs or levy sewerage services levy on water or sanitation services for the purposes of disposal of water or sewage (2) The tanffs imposed or levied under this section shall be subject to approval by the county executive committee PART XI— FINANCIAL PROVISIONS Trust fund 68 (1) There is established a Fund to be known as County Water Sector Fund (2) The Fund shall consist of— (a) such monies as may be appropnated by county assembly, (b) monies received as grants, donations or grants or bequests 38 No 2 Kwale County Water and Sanitation Services 2020 (3) The Fund shall be used for carrying out the functions of the Department Administration of the Fund 69 The Fund shall be admmistered by the Department in accordance with the prescnbed guidelines PART Xn— ENFORCEMENT Authorized officers 70 (1) The County Executive Committee Member may on recommendation of the County Water Services Provider or the Department appoint such number of authorized officers for the purposes of enforcmg or implementing the respective flmctions of the County Water Services Provider or department (2) The County Executive Committee Member shall issue a certificate of appointment to every officer appointed under this section Power of entry 71 For the purposes of ensunng compliance or implementation of the Act, an authonzed officer may, at any reasonable time, enter any place m which any function related to this Act is earned out Power of officers 72 (1) An authonzed officer may examine or inspect any facility, equipment, information or data related to this Act or gam access to any area for the purposes of implementing this Act (2) Any person who obstructs an authonzed officer while enforcing or implementing this Act commits an offence and is liable to a fine not exceedmg one hundred thousand shillings PART Xm— MISCELLANEOUS Water conflict resolution 73 The institutions established under this Act shall actively participate m community water conflict resolution Regulations 74 The county executive committee member may, on recommendation of the department, make Regulations generally for the better carrying out of the objects of this Act (2) Without prejudice to the generality of subsection (1), the Regulations may— 39 2020 Kwale County Water and Sanitation Services No 2 (a) prescnbe guidelines for developing watershed storm management plans, (b) prescnbe guidelines for samtation system and standards, (c) prescnbe guidelines for the areas declared as water protected areas, (d) prescnbe guidelmes for adrmmstenng the Fund, and (e) prescnbe the list of water sector stakeholders 40 No 2 Kwale County Water and Sanitation Services 2020 FIRST SCHEDULE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD OF COUNTY WATER SERVICES PROVIDER Tenure of office 1 Any member of the Board, other than Chief Officers shall, subject to the provisions of this Schedule, hold office for a term of three years, on such terms and conditions as may be specified m the instrument of appointment, and shall be eligible for re-appomtment for a fiirther and final term of three years Vacation of office 2 A member of the Board may— (a) at any time resign from office by notice m wnting to the County Executive Committee Member, (b) be removed from office by the County Executive Committee Member if the member— (i) has been absent fi-om three consecutive meetings of the Board without the permission of the chairperson, (ii) IS convicted of a cnminal offence and sentenced to impnsonment for a term exceedmg six months or to a fine exceeding ten thousand shillings, (ill) IS convicted of an offence involving dishonesty or fraud, (iv) IS adjudged bankrupt or enters mto a composition scheme of arrangement with his creditors, (v) IS incapacitated by prolonged physical or mental illness or is deemed otherwise unfit to discharge his duties as a member of the Authonty, or (vi) fails to comply with the provisions of this Act relating to disclosure Meetmgs 3 (1) The Board shall meet not less than four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meetmg (2) Notwithstanding the provisions of subparagraph (1), the Chairperson may, and upon requisition in wntmg by at least seven members, shall convene a special meetmg of the Board at any time for the transaction of the business of the Board 41 2020 Kwale County Water and Sanitation Servicei No 2 (3) The Chairman or any three directors may, by not less than twenty four hours' wntten notice to all other directors, summon a special meeting of the Board at the headquarters of the Corporation at any tune (4) Unless three quarters of the total members of the Board otherwise agree, at least fourteen days' wntten notice of every meeting of the Board shall be given to eveiy member of the Board (5) The quorum for the conduct of the business of the Board shall be five members including the Chairperson or the person presiding (6) The Chairperson shall preside at every meeting of the Board at which he is present but, m his absence, the members present shall elect one of their numbers to preside, who shall, with respect to that meetng and the busmess transacted thereat, have all the powers of the Chairperson (7) Unless a unammous decision is reached, a decision on any matter before the Board shall be by a majonty of votes of the members present and voting and, m the case of an equality of votes, the Chairperson or the person presidmg shall have a casting vote (8) Subject to subparagraph (4), no proceedmgs of the Board shall be invalid by reason only of a vacancy among the members thereof Conflict of interest 4 (1) If a member is directly or indirectly interested m any contract, proposed contract or other matter before the Board and is present at a meetmg of the Board at which the contract, proposed contract or other matter is the subject of consideration, that member shall, at the meetmg and as soon as practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting dunng consideration of the matter Provided that, if the majonty of the members present are of the opinion that the expenence or expertise of such member is vital to the deliberations of the meetmg, the Board may permit the member to participate in the deliberations subject to such restnctions as it may unpose but such member shall not have the nght to vote on the matter in question (2) A member of the Board shall be considered to have a conflict of mterest for the purposes of this Act if he acquires any pecuniary or other interest that could conflict with the proper performance of his duties as a member or employee of the Board 42 No 2 Kwale County Water and Sanitation Services 2020 (3) Where the Board becomes aware that a member has a conflict of mterest m relation to any matter before the Board, the Board shall direct the member to refram from takmg part, or taking any further part, m the consideration or determination of the matter (4) If the chairperson has a conflict of mterest he shall, m addition to complying with the other provisions of this section, disclose the conflict that exists in wntmg (5) Upon the Board becoming aware of any conflict of interest, it shall make a determmahon as to whether m future the conflict is likely to mterfere significantly with the proper and effective performance of the functions and duties of the member or the Board and the member with the conflict of interest shall not vote on this determination (6) Where the Board determines that the conflict is likely to interfere sigmficantly with the member's proper and effective performance as provided for in subparagraph (1), the member shall resign unless the member has eliminated the conflict to the satisfaction of the Board within thirty days (7) The Board shall report to the Cabinet Secretary any determmation by the Board that a conflict is likely to mterfere significantly with performance as above and whether or not the conflict has been eliminated to the satisfaction of the Board (8) The annual report of the Board shall disclose details of all conflicts of interest and determinations ansing dunng the penod covered by the report (9) A disclosure of mterest made imder this paragraph shall be recorded m the minutes of the meeting at which it is made (10) A member of the Board who contravenes subparagraph (1) commits an offence and is liable to impnsonment for a term not exceeding SIX months, or to a fine not exceeding one hundred thousand shillings, or both Code of conduct 5 (1) Within twelve months of the commencement of this Act, the Board shall adopt a code of conduct prescnbmg standards of behaviour to be observed by the members and staff of the Board in the performance of their duties (2) Subject to sub-paragraph (1), before adopting any code of conduct or making any substantial amendments to an existmg code of conduct, the Board shall publish the proposed code or amendments m the Gazette and m a newspaper circulating nationally, inviting public comments 43 2020 Kwale County Water and Sanitation Services No 2 (3) The Board shall include m its annual report a report on compliance with the code durmg the penod covered by the annnal report (4) The code of conduct adopted or prescnbed imder this paragraph shall be bindmg on the Board and its staff Execution of Interest 6 Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require bemg under seal, may be entered mto or executed on behalf of the Board by any person generally Minutes 7 The Board shall cause minutes of all resolutions and proceedings of meetings of the Board to be entered m books kept for that purpose