Nyandarua County Governor His Excellency Dr. Moses Kiarie Badilisha, Nairobi City County Governor His Excellency Johnson Sakaja and Nyandarua County Assembly Speaker appeared before Senate Committee on Lands, Environment and Natural Resources Chaired by Nyandarua Senator Sen. John Methu in regard to Message from the Nyandarua County Assemly on resolution to a Motion petitioning the Senate on the exploitation of water under Sasumua and Konike Dams, forest harvest in the Aberdare forest and other public forests and allocation of funds by the National Government for Construction of Dams in Nyandarua County to ensure equitable sharing of Resources with County Government of Nyandarua.   

In Particular , the motion petitioned the Senate to ensure that the exploitation of water under Sasumua and Konike Dams is reviewed and agreements amongst the respective water service providers that own the two dams, the National Government and Nyandarua County Government are drafted and ratified by Parliament, the equitable sharing of resources with the County and with its residents of the area to enable the residents accrue the benefits for their steadfast and continued conservation of the environment.

Governor Johnson Sakaja in his response confirmed to the committee that it is contended that the residents’ right of access to clean and adequate water supply as enshrined under Article 43(1)(d) of the Constitution has been violated as the residents have been restricted from using the water resources from the river serving the dam. H.E Sakaja stated that the company has not, in anyway, restricted the use of water of the river.

On the issue of profit sharing, the County Government of Nyandarua contends that the expected a minimum standard would be in terms of profit sharing. The bare Minimum espoused by the members of Nyandarua County Assembly is to have at least 10% of the accruing benefits from sale and exploitation of the water resources. 

Governor Sakaja in his response told Senator Methu led Committee that NCWSC is guided by the doctrine of ring- fencing , which requires that all the revenues generated by water services providers be ploughed back into financing the operations of the said water service providers; Revenue sharing must be done within the confines of the law, Article 71(2) and 72 of the Constitution calls for parliament to enact legislation to give full effect to the provisions of exploitation of environmental and natural resources .although currently all tariff approved in the country do not envisaged transfer of the revenue generated by each water services providers to share or issue divide to shareholders or anybody else before there is universal water coverage in its area of jurisdiction. H.E Sakaja added that today the water services providers pay an abstraction fee to the national government through water resources authority. 

Nairobi Governor in his conclusion told the committee that the concept of benefit sharing should be interpreted in its various forms, namely momentary and non-momentary since a narrower conception is likely to create confusion, potential conflict between the two level of government, the counties, local communities as well as diminished hopes of improving the livelihood of communities and a strong legal framework for benefit sharing ought to be put in place covering the expectations, rights and obligations of all parties concerned.

The Legislators gave Nairobi County Governor and the parties involved 14 days to solve the matter so that the residents of Nyandarua can feel to be part and parcel of the Sasumua and Konike Dams. 

Members in attendance were Senator (Dr). Steve Lelegwe, Sen. Wahome Wamatinga, Sen. Agnes Kavindu, Sen. Johnes Mwaruma, Sen. Issah Juma Boy, Sen. Beatrice Ogolla and Sen. Mariam Omar.