The Senate Committee on Delegated Legislation was forced to adjourn its meeting with the Cabinet Secretary for Water, Sanitation and Irrigation Alice Wahome.

The committee had invited the Cabinet Secretary to respond to issues raised in the petition by a lobby group on the implementation of the Water Resources Regulations, 2021.

The Regulations developed by Water Resources Authority (WRA) and the State Department of Water were gazetted as legal Notice number 170 of 20211.

In the petition, the Agriculture Sector Networks (ASNET) wants the implementation of the Regulations stopped and what they describe as offensive provisions withdrawn.

The Regulations increased water use rates by 1000 per cent for Domestic, Public water supply and for Livestock watering and a 320 per cent increment on water for irrigation.

“These provisions are offensive as they are not in touch with the realities of competitiveness in the agriculture sector and the economy,” says the Petition currently before the Senate.

When she appeared before the Committee, the CS Wahome objected to the hearing arguing that contents of the Petition form part of three matters pending before the court and whose judgment is due in the three weeks.

In view of the revelation by the Cabinet Secretary, Senator Mwenda Gataya Mo fire, who chairs the committee, adjourned the meeting to consult.

“We have listened to the submission by the CS and it is our view that we stand down the matter to seek the permission of the Speaker on whether we can proceed with the petition in view of the latest revelation,” he ruled.

But he informed the CS that, although the regulations are being implemented, the Senate had not approved them as required by the Statutory Instruments Act. 

“I want to direct you to republish the Regulations and submit them to the Senate without any further delay,” he ordered, warning that their implementation could be illegal.