Committee on Blue Economy, Water and Irrigation led by the Chairperson, Hon. Kangogo Bowen (Marakwet East), met with the Cabinet Secretary, Ministry of Water, Sanitation and Irrigation Mr. Zachariah Njeru, to discuss Senate Amendments to the Water (Amendment) Bill, 2023.

 The Bill seeks to amend the Water Act, of 2016; to provide for Public Private Partnership (PPP) arrangements in financing the development of water works, by the national and county government agencies for operations and maintenance of water services, storage facilities, treatment plants, laying mainlines, bulk water supply and last mile connectivity by the counties, by the PPP Act, 2021.

 Hon. Bowen noted that water service is a devolved function, emphasizing that there is a need to make laws for posterity.

 "The reason we are here is to ensure that we carry out our legislative function effectively, by making laws that can help our people to access water as per Article 43 of the Constitution," said Hon. Bowen.

 The Ministry proposed that Clause 3, which seeks to amend Section 32 of the Principal Act, about investors entering into bulk water purchase agreements, be retained.

 The Senate proposed to amend the Bill to provide for bulk water storage agreements entered into by the National Water Storage Authority to be subject to the economic efficiency criteria set by the Regulatory Board.

 The Ministry noted that Section 32 provides an elaborate legal and institutional framework which determines the viability of the project.

 Members reiterated the need to have a clear definition of what volume is considered to be bulk water, with the Ministry responding that there has to be a bulk meter to determine that and that a small quantity does not suffice.

 Laikipia Governor, and the Vice-Chairperson of the Council of  Governors (COG) Committee of Water and Natural Resources, Hon. Joshua Irungu, also presented his submissions on behalf of the Council of Governors (COG).

 COG agreed with most of the amendments by the Senate, which include County Water Service Providers (WSPs) in bulk, water service provision arrangements, entrenchment of cross-county WSPs in the law and requirement for consultation of County governments before Water Works Development Agencies (WWDAs) engage investors.

 However, COG noted that WWDAs may choose to enter into bulk water purchase agreements with either private investors or WSPs.

 "We note that this raises the threat of private investors getting more opportunities due to economies of scale. The Council urges the Assembly to entrench a certain percentage of opportunities for County WSPs to ensure equity and motivate these entities to become commercially viable," said Hon. Irungu.