Water governance and development in the drylands: The case of Wajir County, Kenya
Partners Acknowledgements This report is part of a collaborative effort of many people and organisations, including the Wajir County Government Water Department, WAJWASCO, the Wajir Community Radio, Mercy Corps, and IIED: Wajir County Government Water Department – Yussuf Dayib Ali, Mohammed Ali, Mohamed Farah, Hussein Abdille, Fatuma Dekow, Shale Abdi Bare, Hassan Abdi Haji, Saida Yusuf, Abdirahim Adan, Ibrahim Hassan Mohammed, Engineer Mwangi, Mohammed Abid Hussein, Abdirizak Hassan WAJWASCO – Ahmed Omar Abdille, Ahmed Abdi Mohamed, Adan Ibrahim, Abakiyo Mohamed Noor, Abdi Mohammed Adan Wajir Community Radio – Halima Kahiya Mercy Corps – Diyad Hujale, Florence Randari, Phelix Ouma, John Burns, Ibrahim Jelle, Daud Hassan, Jimale Hussein, Hussein Noor Abdille, Maryan Jelle Hillow, Shukri Samow Noor IIED – Claire Bedelian, Ced Hesse We would like to thank all the people interviewed as part of the study, especially the community participants for giving up their time freely to talk with us and share their knowledge and experiences. This work is part of the Building Resilience and Adaptation to Climate Extremes and Disasters (BRACED) programme funded by the United Kingdom (UK) Department for International Development (DFID). The contents of this report do not necessarily reflect the views of DFID, the UK Government or Mercy Corps and partners. Photo credits – BRACED programme
Suggested citation: Bedelian, C. 2019. Water governance and development in the drylands: The case of Wajir County, Kenya. Wajir County Government working paper. Table of contents
Executive Summary 3
1. Introduction 6
2. Good water governance 7
3. Water in the drylands 9
4. Methodology 11 4.1 Aim of study 11 4.2 Co-production approach 11 4.3 Methods 12
5. Kenya’s water sector institutional framework 16
6. Background to Wajir water sector 18
7. Key findings 20 7.1 Wajir County Government Water Department 20 7.2 The Wajir County Water and Sewerage Company (WAJWASCO) 22 7.3 Water user associations (WUAs) 24 7.4 Private management 26 7.5 Community preferences for domestic and livestock water use 27 7.6 Community voice in water development 28 7.7 Water development and settlements 30 7.8 Water and pastoral range management – the pasture water balance 30
8. Conclusion 32
9. Recommendations 33
10. References 35
11. Annex 37
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 1 Tables, Figures and Boxes
List of Tables Table 1: Principles of good water governance 7 Table 2: Water point locations visited during the field study 15 Table 3: Number of FGDs and interviews carried out with different actors in each field site 15 Table 4: Top five criteria and description of a well-function water point as perceieved by 27 Wajir residents Table 5: Preferred characteristics of domestic and water points by Wajir residents 28
List of Figures Figure 1: Map showing Wajir’s water points and the 16 study sites visited during field work 14 Figure 2: Kenya’s water sector institutional design under the Water Act 2016 16
List of Boxes Box 1: Kenya’s water service targets 9
2 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA Executive Summary
In the drylands, water is key to the sustainable water bill and water regulations. The County management of pasture. Too commonly Government is also developing a GIS-based governments and development planners have county spatial plan. The findings from this taken over-simplified views of water resource study are intended to inform the development development, prioritising the delivery of water of these documents. resources over the impact this has on the The main aim of the study was to identify complex interactions between the land, policy and practical measures to improve the environment and livelihood systems, and their management of rural water points in support links to wider political processes. Pastoralism is of resilient pastoral livelihoods. The study often the main economy and livelihood option examines the current institutional set up of in dryland areas, and ensuring there is Wajir’s rural water sector and the roles and sufficient water for livestock is an important responsibilities of the different water actors. consideration that must be integrated with The study gives emphasis to water for that of sustainable rangeland management. livestock as this is given the least attention in The study uses Wajir County as a case study policy and practice, and highlights the needs to understand the challenges related to water and concerns of pastoralists in order to governance and development in the drylands. identify possible areas for improvement. Wajir County face problems of water stress The focus of the study was decided and availability of water for domestic and collaboratively by the Wajir County Water livestock use, particularly during the dry Department, the Wajir County Water and season and drought years. This is associated Sewerage Company (WAJWASCO), Mercy with a high percentage of failure of water Corps and IIED. This process was supported by a investments, the inappropriate placement of review of the existing and draft water policy and water sources to ensure the sustainable legislation to understand the water policy utilisation of resources across the rangelands, environment and identify any gaps. and weak water governance. The water sector Representatives from each organisation were is a high priority for the Wajir County involved in determining the study questions, Government, and large increases in funding collecting data in the field, reporting back and the water sector since devolution have seen writing up findings. This created ownership of the construction of numerous new water the study by Wajir’s water actors in order to points throughout the county. Although enhance the success of study findings being successful in increasing access to domestic used to inform policy development. The study water, the placement of many scattered new teams visited 16 water point sites, including water points has led to adverse consequences boreholes, pans, mega pans, and shallow wells, for pastoral mobility, degradation of the across Wajir County between the 9th and 19th surrounding pasture land and the creation of October 2018, and spoke to community new settlements. A number of new water members, water point operators, and key investments are not functional two years after informants. A number of interviews were operation, questioning the sustainability of also carried out with water sector actors in these investments. The Wajir County Wajir Town. Government is in the process of formulating its county water policy and legislation including a
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 3 A number of key governance challenges were WAJWASCO is not well integrated at the highlighted in the current governance and community level. There was little community management structures of Wajir’s water participation during the formation of the sector institutions. These include: company leading to an unwillingness of many communities to hand over their water The Wajir County Water Department: supply systems. There is a lack of technical capacity in the water department with few trained Water User Associations (WUAs) engineers, and few staff trained in operation There were mixed reports by the community and maintenance (O&M). Combined with on the functionality of their WUAs. Some poor organisational and data management WUAs were reported to be functioning well systems, this precludes the timely, efficient and this was usually associated with and effective functionality of the transparent financial accountability, regular department. community consultations and regular committee elections. Others were said to The department is overly reliant on one have poor management, with the central county O&M team leading to misappropriation of revenues and little inefficiencies and irregularities in service community feedback. delivery and breakdown repairs across a large county. Overall, WUAs have poor accountability, both downward to the community level and The water department have a weak presence upward to the county level. Most WUAs do on the ground: subcounty water officers not disclose their accounts to the community mandated to coordinate water activities in nor to the county, and they are provided little the subcounties are based in Wajir Town and supervision by the subcounty water officers not regularly and physically present in their or water department. areas. This is because resources are not sufficiently devolved to the subcounty level. WUA committees can be susceptible to being composed of community elites, lack The Wajir County Water and Sewerage female members, and are sensitive to clan Company (WAJWASCO) and political issues. Since establishment in 2014, WAJWASCO The technical capacity of WUAs to manage has been most successful in managing breakdowns is low, and they are heavily high-yielding high-revenue earning reliant on the water department for sourcing boreholes. In the case of low-yielding spare parts and carrying out repairs. boreholes earning low revenue, WAJWASCO has failed to manage these and handed them Private operation models back to the community to manage. There were few cases of management by a WAJWASCO faces challenges of low private operator, however where in existence, institutional, financial and technical capacity, this appeared to work well. The community and commonly relies on the county water reported transparent financial accountability department for technical assistance and and good communication between the purchasing of spare parts. community and the operator. WAJWASCO suffers from poor social There was interest by the water department, accountability. There is a lack of downward WAJWASCO and the community to engage accountability to the community level, who further with the private sector in the are rarely consulted on management issues management of rural water supplies. This and are not clear on how their water fees are offers the potential for more professional being used. management and also supports the rural private sector.
4 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA Community voice The study makes a number of policy and In focus groups and interviews, community practical recommendations to improve water members commonly reported that they were governance and development practices that not regularly involved in decisions concerning support more sustainable rangeland the development of water projects and water management in the drylands. These can be infrastructure. They are usually only informed used to inform the ongoing development of during the implementation or commissioning Wajir County water policy and legislation, and stages of a project, rather than in decision- the county spatial plan, to promote more making during conceptualisation. Water integrated water and rangeland management projects are initiated by politicians and then in support of resilient pastoral livelihoods. driven by contractors. As a result, they do not always address local priorities. Pastoralists spoken to at water points said they have little voice in decision-making because they are often out herding livestock, and are rarely consulted on water or any development project. Women have no voice in decision- making and are not consulted at all. This was viewed as a particular failure because women are responsible for domestic water provision.
Settlements and rangeland management The large increase in water points in Wajir County in recent years has encouraged the growth of new and permanent settlements as people are attracted to settle close by. This has had a number of impacts including, increasing congestion at the water point, obstruction of livestock movements, pasture degradation, increase in demand for resources, and an increase in hygiene-related diseases. The mushrooming of settlements is making it increasingly difficult to plan water development priorities. The placement of water points in Wajir is not being made according to livestock mobility patterns and the seasonal use of grazing pastures. Water points and settlements have been placed in, or too close to, livestock grazing areas, and this has encouraged the over use of dry season pasture reserves. Water points with a year-round supply of water have encouraged permanent settlements, large numbers of livestock and the overgrazing of the surrounding pastures. The absence of a coordinated plan for more integrated water and pasture management was thought to be because of a lack of collaboration between the county water and livestock departments, as well as lack of consultation with pastoralists.
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 5 1. Introduction
Following devolution in Kenya under The in dryland areas thus needs to take account of Constitution of Kenya 2010, water service the specific characteristics of the drylands and delivery is now decentralised to the county dryland water availability. governments. This has been accompanied by This study uses Wajir County as a case study a large increase in funding to the county water to understand the challenges related to water sector budgets and a rise in water governance and development in the drylands. development infrastructural investments. Yet Wajir County is in the process of formulating many people still continue to lack access to its county water policy and associated safe water and face acute problems of water legislation. At the time of writing (May 2019), scarcity, especially during drought periods. drafts of the Water Policy, Water Bill and In Wajir County, the county and national Water Regulations are being reviewed and governments have drilled almost 200 hundred debated by stakeholders. The county boreholes and 60 water pans in the last five government is also in the process of initiating years (WCG 2018a). Nevertheless, problems the development of a GIS based county spatial due to poor management, uncoordinated plan, a requirement of all counties under the institutions, ineffective operation and County Governments Act, 2012. As outlined in maintenance, frequent breakdowns and long the CIDP 2018-2022, this process should repairs times, mean that water supply systems include for the water sector, a strategic and are not performing as well as they could. Some spatially explicit plan for the development of water points are not functional within two water infrastructure, including identifying areas years of establishment, questioning the where new water sources would interfere with sustainability of investments. grazing patterns (WCG 2018a). Kenya is considered a water scarce county; 19 This study aims to provide knowledge to million people lack access to safe water and 27 contribute to the improved governance, million lack access to improved sanitation management and effectiveness of Wajir’s (Water.org 2019). However, Kenya’s water crisis water sector, and specifically to integrate key is principally considered to be a governance issues of concern related to pastoralists use of crisis (Nordmann et al 2012; WASREB 2018). If water, that can feed into the current people are to access safe, clean water for their development of Wajir’s water legislation and livelihoods and social and economic wellbeing, the county spatial plan. It identifies policy and improving water governance must be given practical recommendations for more the highest priority. sustainable water governance and resilient pastoral livelihoods. In dryland counties such as Wajir, these issues are compounded by low and variable water availability, a common feature of dryland areas. Pastoralism is often the main economy and livelihood option for people living in the drylands, and ensuring sufficient water for livestock is an important consideration that must be integrated with that of sustainable rangeland management. Water governance
6 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 2. Good water governance
Water governance refers to the systems that consider when analysing water governance are involved in decision-making about water (UNDP 2013). management and water service delivery. Good governance should guide policies and Water governance can be defined as ‘the legal and institutional structures, as well as the range of political, social, economic and behaviour of individuals and organisations administrative systems that are in place to responsible for managing water resources or develop and manage water resources or delivering water services (Nordmann et al delivering water services, at different levels of 2012). Water governance and water society’ (Rogers and Hall 2003). Essentially, management are sometimes used water governance determines who gets what interchangeably; this is because water water, when and how, and who has the right to governance and water management are water and related services (UNDP 2013). interdependent issues in the sense that Good water governance is important as it effective governance systems will enable ensures that all citizens have equitable, reliable practical management tools (UNDP 2013). and sustainable access to water (Batchelor The water sector is especially vulnerable to 2007). It is not just about technical solutions poor governance as well as corruption ensuring there is sufficient water to cope with (Nordmann et al 2012; Rampa 2011). Non- increasing societal demands, but also that transparent procurement processes involving access is equitable to all sectors of society. large sums of public money; the monopolistic Principles of good water governance include nature of service delivery that prevents transparency, accountability, participation, competition; low levels of accountability; and a non-discrimination/equity, rule of law, and lack of citizen awareness on rights and performance/efficiency (Table 1). responsibilities that prevents citizens from Representation of diverse interests in water- receiving the services they are entitled to; all related decision-making and the role of power characterise the water sector (Nordmann et al and politics are important components to
Table 1: Principles of good water governance (from Nordmann et al 2012)
Transparency Processes, institutions and information on water resources and services are directly accessible and can be monitored. Accountability Decision makers in water sector institutions and companies are accountable and responsive to the public and stakeholders. Participation Citizens (i.e. consumers and water users) have an opportunity to influence processes and decisions in a meaningful way. Non-discrimination/ equity All citizens have opportunities to improve their wellbeing through equitable access to water supply and sanitation services. Rule of law/ access Legal frameworks and regulations are fair and are enforced impartially. to justice Performance/ efficiency Institutions and processes serve all stakeholders and produce results that meet needs while making the best use of resources
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 7 2012; Rampa 2011). Poor governance and corruption reduce the quality and quantity of services delivered, and increase the operational costs of water service provision, whilst decreasing revenues to government (Nordmann et al 2012). Poor governance also goes against the principles of social equity and cohesion, and results in unequal access to water resources and services, especially for poor and vulnerable groups such as women and children. Ultimately, poor water governance leads to poor social and environmental outcomes, and reduced human wellbeing. Nordmann et al (2012) identify poor governance as the main bottleneck and Camels drinking from a natural challenge for water sector reform in Kenya. pond shortly after the rains Despite what have been viewed as successful reforms in the water sector in Kenya since the Water Act 2002 (see section 5), poor governance acts as a bottleneck for policy implementation and limits the impact of these reforms (Nordmann et al 2012). Some of the problems identified include a lack of coordination among stakeholders, blurred governance functions, and weak accountability (Nordmann et al 2012; Rampa 2011). Rampa (2011) argues that unless certain dimensions of the governance context improve, the water sector reforms may fail to deliver their ambitious objectives. Improving water governance is thus a high priority for action to contribute to better performance and efficiency in Kenya’s water sector, more accountable practices, and to realise the human right to water.
8 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 3. Water in the drylands
The complexity of dryland areas lies at the heart of challenges facing water development in the drylands. Too commonly governments Box 1: Kenya’s water and development planners have taken over- service targets simplified views of water resource In Kenya’s Vision 2030, targets for the water development, prioritising the delivery of water sector aim to ensure water and sanitation is resources over the impact this has on the available and accessible to all by 2030, and to complex interactions between the land, increase the area under irrigation to 1.2 million environment and livelihood systems, and their hectares by 2030. links to wider political processes. In Kenya’s National Water Service Strategy (2007-2017), water targets aimed to achieve The emphasis on the construction of water access to safe and reliable water at a minimum development infrastructure has occurred at of 80% in urban areas and 75% in rural areas by the expense of environmental and social 2015 (Rok 2007). Furthermore, a target to considerations and sustainable management. reduce the distance to the nearest public/ A major problem in water development in communal water outlet was set at 2km (RoK dryland areas is that water has been 2007). These were not achieved, and Kenya’s developed in isolation from broader rangeland water coverage currently stands at 55% and natural resource management even (WASREB 2018). though it is a key resource. Water is key to the Due to an absence of understanding the need sustainable management of pasture in the to differentiate water requirements for drylands. Water opens up land for productive domestic use from that for livestock use, these use and introduces both economic and water service targets, primarily for domestic political opportunities. It is therefore important use, have led to the proliferation of water points used by livestock. This has caused the that water development promotes the creation of new settlements and the disruption sustainable management of rangelands of pastoralist mobility patterns. resources in an equitable and peaceful manner. Emphasis on global and national domestic water service targets (see Box 1) has seen the proliferation of boreholes and other water points in dryland areas. These have failed to integrate the specificities of the dryland areas for livestock water provision. Although successful in terms of increasing household access to domestic water, the placement of numerous new water points has led to adverse consequences for pastoral mobility, degradation of surrounding pasture land, and the creation of new settlement areas.
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 9 Many studies recognise that water Water provision in the drylands thus needs development in pastoral areas in East to be balanced with sustainable rangeland Africa has lacked acknowledgement, nor management. This requires matching the taken account, of mobile pastoral production number of animals to the availability of (Gomes 2006; Mtisi and Nicol 2013; Nasseff pasture and water, which will differ in the and Belayhun 2012; IUCN 2014). Modern wet and dry seasons and from year to year. water development, and the construction of The management of access to water numerous inappropriately sited water supply regulates the influx of animals and controls points has disrupted customary forms of the consumption of surrounding pasture. grazing management and spatial mobility Therefore, changes in the way water is patterns. Pastoral mobility is organised to accessed or controlled can induce changes respond to the seasonal and spatially that lead to the appropriation of pastoral heterogenous distribution of pastures, land surrounding those water sources. as well as to avoid disease and conflict, In the drylands, pastoralists access to water and to increase access to markets. for domestic and livestock use is determined Water service delivery to pastoral areas by, 1) the infrastructure, investments and has commonly resulted in constraints to technology for physical control of and access mobility, affecting pastoral production to water; and 2) the institutions that make up and economic performance. the rules in use, power relationships, Boreholes drilled in wet season grazing areas, coordination and/or competition between have made water available all year round, users (Gomes 2006). Water scarcity in the encouraging permanent settlement and drylands can thus occur not just because year-round grazing in the surrounding pasture. of a lack of physical availability of the water This can lead to rangeland degradation, resource, but also due to inappropriate conflict, as well as increased incidence of governance and technology factors. human and livestock health problems as Finally, water development in pastoral areas livestock are concentrated for extended has focused on increasing the availability of periods of time. Year-round grazing causes the water through infrastructure development perennial palatable plant species to disappear without engaging local communities. There is and become replaced by less palatable annual a weak system of community engagement in species dependent on low and erratic rainfall water development in the rural dryland areas (Gomes 2006). This can have consequences to to ensure local needs are being incorporated milk yield and the overall health of the family, into developing water priorities. This can and especially children. Moreover, as new exacerbate water scarcity in dryland areas water points encourage permanent human and undermine rather than promote settlement, this has led to increased development in pastoral regions. It can also environmental consequences due to firewood commonly lead to conflict over water and collection and charcoal burning. other natural resources. Water points such as pans and dams have also been constructed in dry season grazing areas encouraging prolonged use. Areas that used to be set aside for emergency grazing now have a supply of water all year round, encouraging year-round grazing and depletion of dry season pasture resources. The inappropriate placement of water points can thus lead to rangeland degradation and weaken local resilience to climate shocks.
10 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 4. Methodology
4.1 Aim of study 4.2 Co-production approach The main aim of this study is to identify policy The study approach taken ensured the study and practical measures to improve the was designed to meet the needs of Wajir’s management of water in support of resilient water actors. The Wajir County Water pastoral livelihoods. Emphasis is given to water Department and other key water sector actors for livestock as this has been given least in Wajir, including WAJWASCO, were involved attention in policy and practice. The study in the study from the outset, from determining aims to gain an understanding of the strengths the focus of the study, to carrying out the and challenges in the current governance and fieldwork, analysis of the data, and report management structures of Wajir’s water sector writing. This co-production approach was institutions, particularly highlighting the needs designed for greater opportunity to achieve and concerns of pastoralists, in order to policy impact. identify possible areas for improvement. A Task Force was set up, made up of The study objectives were to: representatives from the Wajir County Water Department, WAJWASCO, Mercy Corps and 1) Understand the roles and responsibilities of IIED, to identify the scope and focus of the the different institutions in the governance study. Through successive engagements of water in Wajir. between the Task Force representatives, the 2) Identify the needs of the different water main aims of the study were jointly agreed institutions in terms of improved rural water upon. This was supported by an in-depth functionality and governance, including review of water policies and associated technology, management and capacity legislation in Kenya, and specifically Wajir needs. County, to understand the policy environment including the provisions for water for livestock 3) Understand the extent to which pastoralists use, and to identify any gaps in existing policy needs and preferences are integrated into or implementation. These findings were used water development and management. as a discussion point to guide the direction of 4) Make recommendations for the improved the study. governance and management of rural water Following the initial meetings, the Task Force points and water service provision. and field teams then participated in a three- The findings and recommendations of the day workshop and training exercise to jointly study will be used to improve the effectiveness agree on the study methods and to train teams of water management practices by the participating in the field. Methods were then different water actors, including the county piloted in the field and any adjustments made. water department, the Wajir County Water The workshop was an opportunity to gather and Sewerage Company (WAJWASCO) and the perspectives of participants, specifically water users associations (WUAs). This the county water department and knowledge, particularly in regards to the WAJWASCO, on current water governance inclusion of pastoralists’ voice in decision- and development in Wajir. making, will also be used to inform the current After completion of the field work, meetings development of county water legislation and were held to discuss and deliberate on county spatial plan. findings. A number of recommendations were
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 11 suggested by the team members which are Selection of field sites also drew upon data included at the end of this report. These results collected from a participatory GIS resource and recommendations were then validated by mapping exercise carried out across Wajir the county water department and County between July-August 2018. Open WAJWASCO and representatives from the source data on the RADIMA1 mapping NGO water sector during two feedback platform contains data on the location and meetings. Each field team later compiled a characteristics of water points in Wajir as summary report of findings which were mapped by communities across the county. combined and then elaborated upon here. This data was also used to make maps of water points in each subcounty, which were In April 2019, the County Chief Officer for referred to in the field. Water participated in a radio broadcast and phone-in on the Wajir Community Radio to Two field teams visited eight water point sites share and discuss finding of the study with each, and carried out the following methods: radio listeners. The broadcast provided the Interviews with water point operators opportunity for the county government to engage their citizens in a discussion on water Sixteen interviews were carried out with water development and governance in Wajir County point operators and committee members of and hear the views and concerns of the WUAs, WAJWASCO staff, and private listeners. A summary of these discussions is individuals operating water points. Interviews presented in the Annex. On the 21st May 2019, were used to gather information on the findings from the study were shared by the management and use of the water point; the county government at a multi-stakeholder operation of the water point; accountability of policy workshop held in Wajir Town. Other WUAs or WAJWASCO; internal governance of knowledge products developed from the WUAs; breakdowns and repairs, and technical study include a policy brief and a technical and capacity related needs. brief (Bedelian 2019ab). Focus group discussions (FGD) with men and 4.3. Methods women community members Field work was carried out at 16 water point At total of 18 FGDs were carried out; either sites spread across the six subcounties in Wajir separately with men (7) and women (3) County between the 9th and 19th October groups, or with men and women combined (Table 2; Figure 1). These were selected on the (8). Approximately 10-15 people attended each basis that they encompassed: meeting. Topics covered the domestic and A range of different types of water points, livestock water sources used by the including boreholes, pans, mega pans, community; the roles of different actors in springs and shallow wells. water provision; access and management of water points; perspectives of a well- Different management types, including functioning water point; impact of water management by WUAs, WAJWASCO, points on settlements and pasture; and water and private operation models related conflict. A range of functionality status, including Interviews with pastoralists well-functioning high yielding boreholes, to lower-yielding boreholes, and saline Fourteen interviews targeted male and female water points. pastoralists at the water points in the sites visited. The interviews covered questions on
1. RADIMA is a natural resource open mapping platform, developed by the GeoData Institute, that supports community-based participatory mapping of natural resources. http://asal-wiki.geodata.soton.ac.uk/index.php/RADIMA_Wiki.
12 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA domestic and livestock water sources used; A summary of the different interviews and the roles of different actors in water provision; FGDs carried out in each site is shown in access and management of water points; Table 3. In two field sites visited, Tarbaj and mobility during drought; perspectives of a Adhimsajida, interviews were recorded and well-functioning water point; impact of water later transcribed into English. Quotes taken points on settlements and pasture; and water from these interviews are used to illustrate related conflict. findings throughout the report. In Wajir town, a few additional key informant interviews Key informant interviews (KIIs) with and discussions were held with county community members government staff, WAJWASCO staff, as well Ten interviews gathered information from as NGOs, CBOs, research institutions, and community leaders such as teachers, area other stakeholders involved in the water chiefs, ward and town administrators, and sector in Wajir. religious elders. Topics covered were similar to those outlined in the FGDs.
Interview with pastoralists in Ajawa Spring Men FGD in Biyamathow
Cows drinking at Biyamathow borehole Livestock at Tarbaj megapan
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 13 Figure 1: Map showing Wajir’s water points and the 16 study sites visited during field work
Wajir North
Korondile Ajawa Village
Buna War Ade
Eldas Sarman Eldas Tarbaj Shallow wells Tarbaj Khorof Harar Pans Arb Jahan Mega pans Qarsa Boreholes – Yield (m3/hr) 0.0 – 7.2 Wajir East 7.2 – 14.4 Wajir West 14.4 – 21.6 Bojigaras East 21.6 – 28.8
28.8 – 36.0
Town visited Burder
Adhimsajida Wajir South Salama DATA SOURCES: Water points: Wajir County Government Town and villages: Community resource mapping Abakore Biyamathow 0 25 50 75 100 km
Shallow wells access shallow groundwater. In many parts of Wajir the water table is very high. Shallow wells are privately owned and are particularly important in the dry season. Water Pans are rainfed and are usually separated for livestock or domestic use. Water pans often dry up a couple of months after the last rains, but some can last throughout the dry season. A Mega Pan is a large water pan and may hold water for the whole year during a year of normal rains. A Borehole accesses what may be deep underground water. High yielding boreholes can serve households, livestock, institutions and water trucking. Low yielding boreholes may be rationed and only used for domestic use rather than livestock. Boreholes usually have associated infrastructure, such as troughs and kiosks, where people and livestock can access water.
14 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA Table 2: Water point locations visited during the field study
Water point Type of water point Ward Subcounty Management Field location model team 1 Ajawa Spring Danaba Wajir North Individual operator 2 Arbajahan Borehole Arbajahan Wajir West WAJWASCO 3 Buna Boreholes, pans and Buna Wajir North WUA/WRUA shallow wells
4 Eldas Boreholes and mega pan Eldas Eldas WUA Team A 5 Korondile Boreholes Korondile Wajir North WAJWASCO 6 Sarman Boreholes, pans and Sarman Tarbaj WAJWASCO shallow wells 7 Tarbaj Mega pan and pans Tarbaj Tarbaj WUA 8 Waradey Boreholes and water pan Anole Eldas WUA 9 Abakore Boreholes and water pan Habaswein Wajir South WUA 10 Adhimasajida Boreholes and water pan Adamsajida Wajir West Private Operator 11 Biyamathow Boreholes and water pans Banane Habaswein WUA 12 Boji Garas Borehole Khorof harah Wajir East WUAs Team B 13 Burder Water pans Burder Wajir South WUAs 14 Qarsa Borehole and water pan Khorof harah Wajir West WUAs 15 Khorof Harah Boreholes and water pan Khorof harah Wajir East WAJWASCO 16 Salelmaa Boreholes and water pans Diff Wajir South WUA
Table 3: Number of FGDs and interviews carried out with different actors in each field site
Water point FGDs Pastoralists Key operators Men Women Combined (men or informants mixed) Ajawa 1 1 1 1
Arbajahan 1 1 1 1 Buna 1 1 1 1 Eldas 1 1 1 Korondile 1 1 1 1 Sarman 1 1 1 1 Tarbaj 1 1 1 (mixed) Waradey 1 1 1 Abakore 1 1 1 1 Adhimasajida 1 1 1 1 Biyamathow 1 1 1 1 1 Boji Garas 1 1 Burder 1 1 Qarsa 1 1 1 1 Khorof Harah 1 1 1 1 1 Salelmaa 1 1 1 (mixed) TOTAL 16 7 3 8 14 10
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 15 5. Kenya’s water sector institutional framework
The Kenya Government introduced an of water facilities. The role of the Ministry of ambitious programme of reforms in the water Water and Irrigation was limited to policy sector launched first by the National Water formulation, overseeing the implementation of Policy 1999 and then the implementation of policies and resource mobilisation. The reforms the Kenya Water Act 2002. This included also promoted equity, by aligning with the reforms to the legal and institutional UN’s concept of ‘Human Right to Water’, framework, and separating out the where every person is entitled to access to management of water resources from the sufficient, affordable water and sanitation. supply of water services. Public spending to The reforms promoted good water the sector increased eightfold (Nordmann et al governance principles, including that of 2012), and wide-ranging restructuring of the subsidiarity and decentralisation, where sector led to the creation of a number of new decisions in the water sector are made at the institutions. lowest appropriate level. The reforms The hierarchy of water institutions (Figure 2) decentralised services to regional levels by included provision for peoples’ participation in creating Water Service Boards (WSBs) who the management of water resources, and the issue service provision licences to Water separation of policy and regulation from Service Providers (WSPs) who in turn carry service delivery and day-to-day management out operation and maintenance (O&M).
Figure 2: Kenya’s water sector institutional design under the Water Act 2016 (WBG 2016).
Water Tribunal formerly Water Appeal Board (WAB) National Water Water Sector Storage Authority Trust Fund formerly Water Services (NWSA) Trust Fund (WSTF) Ministry of
Water and Irrigation Policy
Water Resources Authority (WRA) National level National Water Services Regulatory Board formerly Water Resources Management Authority (WRMA) WASREB) Regulation
Water Resources Authority (WRA) Water Works Development Agencies
level formerly Water Resources (WWDAs)
Regional Regional Management Authority (WRMA) formerly Water Services Boards (WSBs)
Water Resources User Associations Water Services Providers
(WRUAs) (WSPs) Services Provision Water Resource Management Water and Sewerage Services Local level Local Use Consumption, Consumption,
16 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA The Constitution of Kenya 2010 and process of marginalised areas to the same extent as other devolution brought new reforms. This areas. Marginalised communities, including devolved water and sanitation services mobile pastoralist people are specifically provision to the newly established county referenced to. governments and realigned the Water Act Research shows that changes introduced 2002 with the Constitution of Kenya. A new through devolution have helped produce Kenya Water Act 2016 was enacted. As the faster and more cost-effective responses to Constitution transferred service delivery drought and flood (King-Okumu et al 2018). functions to the county government, WSBs This includes faster responses to emergencies became redundant. The new act aligns water led by county governments, cost savings in management and water service provision with drought water trucking through the use of the requirements of the Constitution, county government owned vehicles and better particularly concerning devolving water and coordination across sectors led by county sanitation to the county governments. government (King-Okumu et al 2018). Counties now take the lead in developing Nevertheless, devolution has also increased water investment plans and service delivery the number of actors involved in water through their water utilities, and are thus key to governance and created some confusion due achieve national and global water and to overlapping jurisdictions between actors. sanitation targets. In WASREB’s annual performance reports on The Water Act 2016 requires county water services in Kenya (the IMPACT reports), governments to establish WSPs on the basis of the most recent report shows a decline in commercial viability. The goal is for county governance performance in 2015/16 compared water services utilities to be commercially to previous years (WASREB 2018). The viable and able to cover their O&M costs. transition to county governments is a potential Furthermore, counties are obliged to ensure reason given for these declines. As counties, there is the provision of water services to rural and county level WSPs, take on their new roles areas which are not considered to be this means a realignment of institutions, and as commercially viable. This is particularly a result, greater coordination is needed relevant in the rural drylands which can suffer between institutions. A lack of coordination from dilapidated water infrastructure, limited among institutions and stakeholders has been service and O&M coverage, and high levels of identified as a major problem in Kenya’s water non-revenue water. sector (Rampa 2011; Nordmann et al 2012). The Constitution of Kenya 2010 states that access to clean and safe water is a basic human right and Article 43 of the Constitution provides that every person has the right to reasonable standards of sanitation as well as to clean and safe water in adequate quantities. The Constitution also includes affirmative action programmes to ensure water access for marginalised groups and an equalisation fund to provide basic services such as water to
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 17 6. Background to Wajir water sector
Wajir County faces problems of water stress partners – KSh 24 Billion), KSh 1.6 Billion for and availability of water for domestic and WAJWASCO, KSh 3 Billion on a water and livestock use, particularly during the dry sanitation project (World Bank funded), season and drought years. This is associated and KSh 1.4 Billion on administration and with the inappropriate placement of water support services. sources to ensure the sustainable utilisation of The increase in funding to the sector, resources across the rangelands, a high combined with pressure to meet domestic percentage of failure of water investments, water service targets, has seen the and weak water governance. proliferation of boreholes and other water The main waters sources in Wajir County are points in Wajir County (Figure 1). The number sub-surface water sources, including of boreholes increased from 98 to 272, and the boreholes, water pans and shallows wells. number of water pans from 206 to 260 There are no permanent surface water sources between 2013 and 2018 (WCG 2013; 2018a). in Wajir except Lake Yahud, an underground This increase in water investments in the permanent lake on the periphery of Wajir county has reduced the average distance to town. As per the recent CIDP, the county has the nearest water point for households from 272 boreholes, 15 mega pans and 260 water 30kms to 15km over the same time period pans (WCG 2018a). The county also has (WCG 2013; 2018a) 14,360 shallow wells, although many of Although successful in terms of increasing these have dried up due to erratic rainfall household access to domestic water, and and degradation of water catchments and reducing the distance women have to walk to water ways (WCG 2018a). collect water, the placement of many scattered Only 46% of the county population have new water points has led to adverse access to improved water sources (WCG consequences for pastoral mobility, 2017). This falls below the national average of degradation of surrounding pasture land, and 55%, and well below the national target of 80% the creation of new settlement areas. In Wajir, (WASREB 2018). Only 1.4% of Wajir’s new water points have been developed population have access to piped water, mostly without consideration for livestock’s grazing those in centres (WCG 2017). There is very areas, in part due to a lack of consultation high water-salinity in many parts of the county. between the county livestock and water The water table is also very high, in some departments. Furthermore, a number of these cases less than 10 metres, so susceptible to new boreholes are not in operation two years water contamination. after installation or are not functioning well. The water sector is a high priority for Wajir WAJWASCO is a water services provider County Government and one of the biggest formed by the county government to provide recipients of revenue from the National water services and sanitation services across Government. In the recent CIDP 2018-2022, the county. This is in line with the institutional the water sector was allocated the largest framework outlined in the Kenya Water Act budget (KSh 35.8 Billion), which includes KSh 2016 that states the decentralisation of water 32 Billion on water resource management services to the counties. The company (largely made up of one walled dam manages water service delivery in Wajir town constructed by national government and and 15 other rural water points.
18 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA Outside of the main towns, Water User Associations (WUAs) manage rural water supplies. WUAs collect water revenue from community managed boreholes to fund repairs and other community needs. However, revenues are often insufficient to fund more substantial repairs and the capacity of WUAs to manage breakdowns and regular maintenance is low. Supporting and capacity building of WUAs is identified as a priority of improved water governance for the water sub-sector in Wajir’s CIDP 2018-2022 (WCG 2018a) Strengthening WAJWASCO and streamlining its operations is another priority identified for improved water governance in Wajir’s CIDP. Camels watering from a makeshift WAJWASCO’s aim is to replace WUAs as the trough at Tarbaj mega pan service provider in rural areas, a target also set in the CIDP, with the aim to increase the Wajir County Government is in the process of proportion of water supplies managed by formulating its county sector policies. For the WAJWASCO from a 21% baseline to 100% by water sector, a county water management bill, 2022 (WCG 2018). Although likely an overly policy and regulations are currently in review ambitious aim, it highlights the overlapping by the County Assembly. Earlier drafts had to roles and responsibilities of the different actors sbe redeveloped due to an absence of public in the governance of water in Wajir, which can participation. The earlier drafts of the water create potential challenges and conflict over management bill and water regulations water management and use. contained little or no mention of the provision Of note is that WAJWASCO’s draft Business of water for livestock. This study aims to Plan 2018-2022, gives little recognition to inform the development of the county water livestock water use, identifying pastoralism legislation, as well as the county spatial plan, and its nomadic lifestyle as a social and and integrate issues of concern related to cultural threat affecting water use livestock and pastoralists use of water, to (WAJWASCO 2017). This raises questions over ultimately foster more sustainable water the provisions that will be provided to governance and resilient pastoral livelihoods. pastoralists to support pastoral production, mobility and livelihoods.
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 19 7. Key findings
This section provides the main findings from department to install or maintain these the study, including the field visits to the 16 systems. This calls for more technical training water points across Wajir County and and the hiring of skilled staff within the interviews and focus group discussions with water department. community members. It also provides Water department staff also reported there to information from discussions with the water be poor organisational and data management department, WAJWASCO, and other water systems currently in use within the water sector actors during interviews and feedback department. This included a lack of organised meetings in Wajir town. paper work and a poor system of reporting in 7.1 Wajir County Government Water the county head office. There is incomplete Department recording of breakdowns at the county head The County Government Water Department office, although there may be a basic logging are mandated with the overall responsibility of of information at the borehole level. Poor data water in Wajir County. They have legal management and record-keeping can be a responsibility for ensuring access to water for common problem in the water service sector domestic needs and water for production, and preclude effective operation and including livestock, and have oversight over management (Hermann-Friede et al 2014). any related water issue in Wajir. A key role of the county government is in policy Centralised O&M and irregularities in development and planning priorities, including procurement the development of water policies and setting of plans such as the five-year County Another key issue raised regarding O&M, Integrated Development Plans (CIDPs) included overreliance on one central county O&M team, leading to inefficiencies and Technical and management capacity irregularities in service delivery and breakdown challenges repairs across a large county. Breakdowns It was recognised by water department staff are commonly reported directly to the that there is a lack of technical capacity in the County Chief Officer (CCO) for water, who water department. It was reported that there dispatches an O&M team to repair the are few trained engineers, and perhaps only water point. Discussions with water three or four electrical engineers to service department staff revealed irregularities in over 200 boreholes in the county. Additionally, the central county O&M team stationed at there is a lack of trained staff in operation and Wajir town, who have a monopoly and may maintenance (O&M), which reduces the timely choose where they do or do not want to go. and effective functionality of the department. They also charge high fees to attend This contributes to inefficient maintenance breakdowns and do repairs, which community systems when it comes to breakdowns and members complained about. There were repairs. Water department staff recommended issues related to the false purchasing of new that boreholes upgrade to hybrid powered equipment, such as borehole pumps, when systems (combination of solar power and a it was evident that the old pump was being diesel generator) to avoid breakdowns and recycled and reused. Other evidence shows reduce the need for repairs, however there how O&M systems can be prone to a lack of may not be sufficient technical capacity in the integrity (Hermann-Friede et al 2014).
20 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA This problem was associated with contract- subcounty level. Site visits revealed that driven water infrastructure development that is some subcounty water officers had not prevalent in Wajir. Irregularities in procurement visited particular water points for a couple processes result in contractors being selected of years. When there is a breakdown, due to political influence or links to communities tend to call the CCO for water, government. Procurement and contracting of as well as Chiefs, Members of Parliament water infrastructure are well-known hotspots (MPs) and Members of the County Assembly for corruption in the water development (MCAs), rather than the subcounty water (Hermann-Friede et al 2014). Nordmann et al officers. As a result, they may not be aware of (2012) found in Kenya that projects are often water-related activities, such as the formation awarded to the preferred contractor of water user associations (WUAs) or even the regardless of price or quality. The result of this development of new water projects. is inflated prices of equipment and services, It was suggested that the subcounty water poor quality work by the contractor, leading to officers be based in their subcounties and dysfunctional infrastructure and high report to the subcounty administrators, maintenance costs. Another result of this style based in the subcounty headquarters, rather of development is that the design of water than the CCO in Wajir town. This would help points can end up more contract-based than the water department to become more active needs-based (see section 7.6). and have greater oversight at the community Weak presence at the community level level. However, it was noted for this to be realised, it would require strengthening of Subcounty water officers work at the the subcounty structures and political good community level, with an officer in charge of will of the county leadership (the County each of Wajir’s six sub-counties. Their main Governor) to devolve resources to the role is to supervise and coordinate water subcounty level (KII with NGO actor). Ideally, activities in their subcounties. They are this would be part of an O&M system devolved responsible for ensuring that communities get to the subcounty level, with each of the six safe clean water and to assist them in times of subcounties having its own O&M team. Teams water stress. However, these roles are not would require the appropriate training and easily borne out in practice because of a weak capacity building and be led by a more presence of the subcounty officers at the experienced water engineer. The mentoring of community level. Subcounty water officers are subcounty water officers by more senior and based in Wajir town rather than in their experienced staff was recommended as a way subcounties. Although they have offices at the to improve their skills and capability in carrying subcounty level, these are not being used out their roles whilst providing on the job because resources, such as fuel, power, and learning. logistical support are not devolved to the
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 21 7.2 The Wajir County Water and Sewerage Where boreholes have a high yield, such as in Company (WAJWASCO) Arbajahan, WAJWASCO has been more WAJWASCO is a water services provider and successful. It was report that initially, autonomous county government agency that WAJWASCO took on boreholes without was formed in 2014 with a mandate to supply considering the yield and output, and later water and improved sanitation services across experienced problems managing the lower Wajir County. WAJWASCO was established to yielding boreholes. As a new company, take over the management of water point WAJWASCO has not had the financial schemes managed by the locally formed capacity to sustain the lower yielding WUAs, for a more professionally managed boreholes. In feedback meetings, it was system. The company is responsible for the suggested that WAJWASCO needs better operations, maintenance and management of economic viability studies to calculate the 16 borehole source water facilities in the expected revenues and yields and make county: Wajir town and 15 other rural towns. In informed decisions on the viability of sites, a the CIDP 2018-2022 it states the intention for requirement for any WSP as already stated in WAJWASCO is to take over all the boreholes the Kenya Water Act 2016. in the county (WCG 2018a). This suggests that the focus of WAJWASCO, High versus low revenue boreholes at least until better established, should be on the urban and peri-urban water points that Four sites visited during field work were under have greater commercial viability with higher WAJWASCO management - Arbajahan, yielding boreholes and many water users. It Korondile, Sarman and Khorof Harah. All sites also highlights the challenges of small to have high yielding boreholes. In these sites, medium WSPs, such as WAJWASCO, in community members perceived WAJWASCO fulfilling their mandates, particularly in the rural to be managing and maintaining the boreholes areas. This leaves an important recognised well. Responses to breakdowns and the need for community management of the rural servicing of engines now occurred faster than water points, that are lower yielding with fewer when there was WUA management in place. water users, and thus an important role for In two other sites visited - Buna and WUAs. Adhimsajida - WAJWASCO had previously Reliance on the county water department taken over management of the boreholes from the community, but then dropped them later A challenge identified was the lack of trained on and handed them back to the community. WAJWASCO staff in O&M. WAJWASCO This was said to occur because the discharge commonly relies on the county water from the boreholes was low and WAJWASCO department for technical assistance and was unable to make sufficient revenue or pay purchasing of spare parts. Their borehole their staff. In the case of Adhimsajida, maintenance team were not well equipped to WAJWASCO took over the running of two deal with more substantive repairs, hence boreholes in 2016, but returned it back to the having to fall back on the water department, community less than a year later. A private who offer technical assistance if WAJWASCO operator is now managing the boreholes on staff do not have the technical capacity or are behalf of the community. Community overwhelmed. The WAJWASCO borehole members complained that WAJWASCO had operators and managers at the four sites failed to add any value to the water point; they visited said they would like further O&M had failed to deliver on their promises when training. There were also slow response times taking over the borehole, which included from the WAJWASCO central office in drilling a new borehole, fencing the boreholes, responding to breakdowns and dispatching a and installing a piping system and two technical team to carry out borehole repairs. elevated tanks. They also believed the revenue collected was mismanaged.
22 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA Problems related to WAJWASCO’s weak be reviewed to incorporate more inclusive technical and management capacity are structures at the community level, including recognised in a number of Wajir’s draft water electing community-level members to the policy and legislation documents. These WAJWASCO board. This would help prevent identify the water company as having weak the company from being seen as a foreign management capacity that affects their institution, instead of one that is locally service delivery. WAJWASCO’s draft business integrated and able to address community plan states how operations are affected by water needs and priorities. poor machine performance and frequent Political interference breakdowns (WAJWASCO 2017). Being a new organisation, WAJWASCO also faces WAJWASCO has suffered from a number challenges of low institutional capacity and of problems from the outset, without a clear inadequate infrastructure and financing (WCG concept behind it and issues over the correct 2018b). WAJWASCO staff reported that the registration. The company operated without company is not financially independent and a board in place for four years. There have many staff are being paid by the county also been a number of political issues, with government rather than the company as it the Chief Executive Officer of the company does not have the financial capacity. having changed twice already and the post WAJWASCO’s over reliance on the county being appointed by the County Governor budget allocation results in it not being seen as rather than recruited competitively. There an independent autonomous institution, but was also reported to be a lack of political rather a sub-sector of the water department. goodwill from some of the local MPs who preferred constituency based WSPs Poor social accountability (KII with NGO actor). As one of the study Another major challenge commonly reported team members contributed, ‘politics is by community members and also the water killing the water company’. department, was a lack of downward Political interference in the management accountability from WAJWASCO to the of WSPs affiliated to county government community level. There was little community has been noted in other WSPs in Kenya, such participation during the formation of the as Vihiga County (Kanda 2018). Other Kenyan company leading to any unwillingness of many studies have found that it is quite common communities to hand over their water supply that the appointment of WSP board members systems. Community members complained of is biased towards political interest and thus little consultation in management and little prone to patronage and nepotism (Nordmann financial transparency. They are rarely et al 2012). This lack of integrity is a threat to consulted on management issues and they are the envisaged water sector reforms and not clear on how their water fees are being operational independence of WSPs. To ensure used. Community members wanted to see integrity, board members should be selected better communication between WAJWASCO by transparent election processes, and and the community, and more social disclose information on decision-making accountability measures such as clear and expenditure. disclosure of revenues and accounts. Overall, a clear gap was identified that WAJWASCO is not well integrated at the community level. WAJWASCO does not have a decentralised system of working with no representation at the local level. It was suggested that the structure of WAJWASCO
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 23 Exploring different models get water in a less congested manner and take into consideration all complaints from the As a result of the evident weaknesses in their public if any matter arises. They convey management model, WAJWASCO are matters to the other committee members to exploring different models of operation for solve any pressing issue raised by any person their boreholes. Rather than the existing model or group.’ (Tarbaj, FGD ) (the direct model) where WAJWASCO staff are employed on the ground to manage the Elder 2: ‘They act as peacemakers at the pan borehole, they are exploring models in which because here is a water point that attracts WAJWASCO hands over borehole operations many people, and sometimes conflicts may to a private operator or individual (the private erupt, so in such cases a prompt solution is operation model), decided in consultation with needed to ensure no confrontation happens the community. This is already occurring in when people are fetching water... They provide Arbajahan where three individuals manage the easy access to water, especially during borehole. In Korondile, WAJWASCO hope to emergency times and they are ready to handle work with one individual. Another model they all cases.’ (Tarbaj FGD) are exploring includes a partnership with a Functionality of the WUAs registered WUA (the WUA model). This would build on and work with the WUA management There were mixed responses on the in place at the water point. functionality of WUAs across the study sites visited. In some sites, such as Eldas and 7.3 Water user associations (WUAs) Burder, FGD participants reported that their WUAs are community level institutions WUAs were active and functioning well. There that were established in Wajir in 1992 to was transparent financial accountability where manage rural water supplies. WUAs manage the community was made aware of revenues water points on behalf of the community and during meetings or accounts were available on are responsible for, among others; ensuring a public board. There was good management safe, clean water to the community; setting of the water point, and in Eldas it was reported the schedule of water use and the collection water fees collected went to finance borehole of revenues from water users; managing operators’ wages and borehole repairs. The conflict; reporting breakdowns to the water WUA committees also held regular elections department and handling repairs where and had a mix of men and women members. they can. Despite WAJWASCO’s aim to replace WUAs as a service provider in Wajir County, In other sites, community members reported WUAs still play a major role in the management that there was poor management by their of, particularly, rural water points. WUAs. In Biyamathow, FGDs participants complained they did not know how their water In the field study, 10 of the 16 sites visited were fees were managed, the WUA does not report managed by WUAs (Table 2). In some sites, back to the community, and there were no such as Eldas, WUAs manage multiple water women on the committee. In Abakore, points (e.g. a pan and borehole), whereas in participants believe there was other sites (e.g. Biyamathow and Abakore), misappropriation of the revenues collected by different WUAs managed different water the WUA. Both sites wanted to see a change in points in the area. When asked what the main the WUA committee or preferred to hand it roles were of the WUA managing the Tarbaj over to a private operator. Out of the 10 WUAs mega pan, elders explained: interviewed in the field, most of the members ‘Elder 1: ‘Their role is to protect the pan from had been on the committee for 3 to 4 years, the things that Tarbaj people don’t want, for although some had been for 10 years. Six example livestock and children entering inside committees were made up of both men and the pan, to ensure the hygiene of the dam. women, with women holding between one Also, to give a salary to those who are taking and four of the positions, whereas four were care of the pan. They must know everything made up of entirely men. that concerns the pan affairs, to ensure people
24 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA Poor social accountability WUAs need stronger selection processes Communities poor perception of their WUAs In feedback meetings it was suggested that was usually related to what they saw as poor WUA committees require major reforms and a accountability and financial transparency. much stronger process of selection of their Wider discussions with key informants in Wajir committee members. This should entail a very agreed that WUAs have weak management transparent process of elections with all the systems that are not accountable; their community invited to participate, rather than committee members are self-selected or only the leaders and elders. This should also be selected by area chiefs from the leaders in the attended by the water department and other community, rather than through elections. actors in the water sector, such as NGOs and Even if elections are held, a chief may still pick CBOs, to ensure transparent procedures are who he wants on the committee or is bribed, followed. Then, any WUAs that are formed so the WUA becomes more loyal to chiefs without the knowledge of the water rather than being accountable to the department and other relevant actors, community. WUAs can also be sensitive to clan should be dismantled. issues and interference from local politicians. In electing WUA committees, lessons could Similar findings have been raised in previous be taken from establishing and electing studies in Wajir, and WUAs found to be members of the Ward Climate Change susceptible of being composed of elites, Planning Committees (WCCPC) formed as chiefs and more prominent community part of the devolved county-level climate members (Oxfam 2012). finance mechanism, such as in the case There were also no clear accountability of Wajir County Climate Change Fund. measures in place for WUAs to be upwardly These committees are responsible for accountable to the water department. WUAs prioritising and determining investments do not disclose their accounts to the county in the county that strengthen the community’s government, who mainly go only to provide wellbeing and contribute to the local technical assistance and fund repairs when economy. Enshrined in the constitution called. It was evident there is a lack of of each committee are principles to avoid coordination between the subcounty water discrimination against marginalised groups, officers and the WUAs, partly due to the issue and include youth and women representatives. of the limited presence of the subcounty water Moreover, committee members selection officers on the ground, as described earlier. criteria are not based on technical capacity of skills, but on the community’s assessment It was suggested that there could be more of an individual’s integrity and commitment. supervision and stronger links between WUAs In the process of setting up the WCCPCs, and the water department, as well as better ward level public meetings are held to vet coordination and monitoring of the WUAs by committee members, involving hundreds of the subcounty water officers. Stronger upward community members. Members are then accountability measures, such as regular selected through public discussion and reporting and clearer requirements to disclose consensus by the community. WUAs could their accounts to the county government, take on similar criteria to help in establishing might help reduce the opportunities for the credible and representative committees. misappropriation of revenues by WUAs. One suggestion was the use of a performance related framework, linked to appropriate incentives, to foster more accountable management practices. The financial and management capacity of WUAs could also be strengthened through appropriate trainings.
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 25 Limited technical capacity management of the borehole from a WUA in 2013 and it was agreed by the community that Another issue commonly reported in field sites he would manage the borehole on behalf of was that although WUAs may be able to the community. He has hired three staff to manage routine maintenance and repairs of help him. It was widely thought that he was water points, for more complex repairs they managing the borehole better than the WUA, rely on the water department for technical and also better than a brief period under assistance and spare parts. Discussions with WAJWASCO management. the water department and WAJWASCO revealed that the capacity of WUAs to manage In Adhimsajida, there was a good relationship breakdowns and carry out maintenance was reported between the manager and the limited. Also, most WUAs have to come to the community with regular communication. county water offices for spare parts as they The manager described how he made changes lack the basic equipment for the operation of and decisions concerning the borehole and boreholes. All WUA borehole operators the water fees together with the community. spoken to agreed and reported that the water There was also transparent financial department provides the technical help to fix accountability reported under this model and repairs and usually pays for the spare parts. the community said they were aware of the This issue was apparent even where the revenue paid into the borehole account. The borehole was viewed as well managed by manager informs the community when money communities, and the borehole was high is withdrawn from the account for expenses yielding generating good revenues, such as and he is audited by community elders at the in Eldas. end of the year. He gets little assistance from the water department when doing repair work, This questions the core roles and but usually organises repairs with external responsibilities of WUAs and whether they are technicians and engineers, and pays for the in fact suited to carry out technical roles such spare parts. as O&M, which for boreholes requires specialised skills and training. Or whether they In discussions with WAJWASCO and the water should be more focused on managing access department there was interest in public-private to the water point, collecting fees, and partnerships that engage the private sector to ensuring peaceful community relations. For manage rural water supplies, as illustrated in the technical part, a possible alternative WAJWASCO’s private operation model includes sub-contracting O&M to a skilled (section 7.2). The private operation model has private sector operator. Nevertheless, a the potential to offer more professional number of WUAs and borehole operators management of water service delivery over spoken to sought greater technical training what can be large cumbersome community and capacity building to function better. associations, and also supports the rural Although some had received training from the private sector. This also supports the finding county government and local NGOs on O&M, above made in relation to the technical there was a clear demand by WUAs for more capacity of WUAs. Other projects assessing technical training. water functionality in Kenya’s rural areas have shown that by commercialising practices and 7.4 Private management offering more efficient O&M strategies, private In Wajir, there are few privately managed sector operations can improve service levels in waterpoints or cases where the borehole is reliability, access, cost and water quality (SNV managed in partnership with the private undated). Also, by engaging private sector sector. In Adhimsajida, the borehole is being firms in the provision of water services to managed by an individual from the community communities, such as through public-private through an informal private arrangement. It is partnership models, this can enhance the informal as he is not licensed by law as a water overall sustainability of the water supply service provider. The individual took over schemes (SNV undated).
26 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 7.5 Community preferences for domestic and Management also referred to setting tariffs livestock water use and handling water revenues. In cases, To understand local priorities and preferences residents felt they were being overcharged for for domestic and livestock water use, we asked water, particularly when some water points participants in FGDs and pastoralist interviews charged more for water than others. In the what criteria they thought made a well- main towns, such as Arbajahan, residents functioning water point. Table 4 gives the top preferred piping systems and metered water five most commonly mentioned criteria and a for domestic water as they thought it was description of each criteria as explained by cheaper, as well as more convenient. For the participants. These applied to both domestic same reason, water users preferred solar and livestock water use. power water supply systems as this was most cost effective with no operational costs in the The quality of the water was perceived as the form of fuel. Despite preference for metered most important criteria. For domestic use, water for domestic use, this was not the case people particularly prioritised water that is for livestock use, and pastoralists were against clean, fresh and fit for consumption. A number the use of metered troughs for livestock. A of water points in Wajir have saline water, so fixed watering cost per animals was likely to be accessing fresh water is a primary cheaper, especially for the larger livestock, consideration. Management was the second such as camels, that consume a lot of water. most important criteria and good management and the personal character of Security was the third most important criteria the water point manager was said to help and referred to having a well secured reduce stress when watering animals (Burder waterpoint that was fenced and/or had a FGD). An elder in Adhimsajida FGD, watchman to supervise the borehole facility or emphasised the importance of good the pan. This helped to prevent any management: unregulated access by livestock or people that could vandalise the waterpoint, contaminate ‘There is a Somali saying which goes, “Mamul the water and reduce the quality, or result in xuma abar kadaran” meaning poor human or livestock injury. management is worse than a drought. For us there is good management of our water that Maintenance is an important characteristic that has brought us to this level, but there is not determines how well a water point functions, plenty of water...’ how often breakdowns occur, and how quickly
Table 4: Top five criteria and description of a well-functioning water point as perceived by Wajir residents
Criteria Description 1 Quality Having fresh water is important for domestic and livestock consumption. If saline or the water point is contaminated this is a health hazard 2 Management Proper management in place that is active as well as honest. Management is accountable to the community, who are well informed. Otherwise, this can lead to conflict and the misuse of resources 3 Security A secure waterpoint that has fencing to deter unregulated entry by livestock or people and to reduce contamination. A watchman to maintain security of the water point 4 Maintenance The water point is well maintained and well serviced. There is quick response to breakdowns and timely repairs 5 Accessibility The water point is conveniently located and within good reach of its consumers. It is also easily accessed through livestock troughs, kiosks, or piping. Water is accessible at many times of the day
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 27 Table 5: Preferred characteristics for domestic and water points by Wajir residents
Domestic water Livestock water Conveniently located water points that are safe Well positioned livestock troughs, placed outside of and avoid women having to walk long distances the fence of a borehole or water pan to avoid to collect water livestock entering the water and contamination Water is easy and quick to extract to reduce the Troughs strategically located outside of town to time women spend waiting to collect water avoid livestock needing to enter town Piping systems and meters for direct access to Regulated access to a controlled number of animals households and institutions to ensure access to water is determined according to pasture availability Conveniently located water kiosks in town to quickly extract water Water is accessible 24 hours a day they are fixed. Having a well-maintained water infrastructure. It was more common for point is crucial, as the impact of breakdowns politicians and elected leaders, as well as local can be serious for both people and livestock elders, to be involved in these decisions. For who have to migrate in search of water in example, the area MCA and community elders distant places (Biyamathow KII). Children may may bring up the need of a water point in a be sent to look for water and so are absent certain area. Even if the community do request from school (Salelmaa FGD). Furthermore, for a certain water project, they may not be breakdowns cause overcrowding at water consulted on the process. As one elder in points, which in turn leads to conflict. Tarbaj commented: The preferred technical characteristics of a ‘The people of Tarbaj are not consulted on water point were also differentiated depending issues concerning water. Everything is on whether it was for domestic or livestock facilitated from Wajir Town.’ (Tarbaj FGD) water use (Table 5). This involved an important In other areas, residents said that they were gender dimension since it is women who involved; although politicians may influence regularly collect water for domestic use and the decisions on water point establishment, men who usually take livestock to water. the community do also make decisions in Accessibility is an important critertia that was consultation with government officers differentiated between domestic and livestock (Biyamathow KII). In Arbahajan, FGD water use. Athough women prefer easily participants said they request for accessible domestic water close to home, and improvements in the development of water available throughout the day, access to water sources through the subcounty water officer for livestock needed to be more regulated and to the Directors of the water department. If the determined according to pasture availability in request is approved, the department holds a the surrounding area (see section 7.8). These public participation and the project starts. differences point to the need to distinguish the needs of livestock and domestic water use in In comparison, when talking to pastoralists terms of the design, positioning, technical watering their livestock at water points, they characteristics and governance structures. reported they are rarely consulted on water development or in development projects in 7.6 Community voice in water development general. Some herders rationalised this as In field sites, residents commonly reported being because they are rarely around due to that they were not regularly involved in their livestock movements. As a pastoralist in decisions made concerning the development Tarbaj explained: of water projects and the design of water
28 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA ‘As herders, we are far away from the town, erupt and lead to a temporary cancellation or so when making such deliberations on complete halt to a project. In Tarbaj, the development plans we just hear what is problem with contract-driven infrastructure going on, but do not have the opportunities development was described and how to get involved in the decision making. communities must have a greater voice in We don’t have any clue whatsoever on what water development: the government or any concerned body do. Elder: first when anybody whether county or Why? There is no information about it, we national government, want to craft plans on only see it when it is being implemented. water, either dam construction or any other Regards the piping system that is currently related water provision they must do a public underway, we have just seen that the consultation or public participation. The power contractor on site is ready to execute his given to contractors should be stopped by the tender, but as pastoralists we are less county government. Contractors are the advantaged in knowing or giving our views on peddlers of the department making all the developmental matters or issues. There is no decisions rather than a publicly orientated bid consultative forum called for pastoralists.’ in executing projects in certain areas. The A clear point made was if pastoralists are at all demands of the residents must be looked at, consulted, this only happens when projects are not just given kickback consideration. The ready for implementation or execution, as also common men and women must be involved in stated in Boji Garas and Burder. Pastoralists governance.’ (Tarbaj FGD) have little voice in decision-making, and are The development of water points can only informed once decisions have been made. create a conflict due to different interests Speaking to women during the FGDs it was and priorities. In Burder, community members also clear that even if some community described how there are misplaced priorities members are consulted on water on water development, since the county development, women are not consulted at all. government have constructed water pans for For example, in Biyamathow and Qarsa, irrigation, while there is no mega pan for women said men are consulted, but women’s domestic use and their settlement does not views are not considered and they are not even have a borehole. aware at all. The elders may inform women There is also the issue of political interference, that a project is being implemented, but they where politicians want facilities put where their are not consulted in advance and only see it in clan members live for political favour and are the implementation stage or when a project is able to push their personal interests. This being commissioned. Both men and women political pressure causes the mushrooming of thought this was wrong since women are the settlements as people are attracted to the sites real water users, responsible for domestic around newly established water points. water provision. Another important issue raised was that the 7.7 Water development and settlements development of new water points in Wajir is Across sites visited it was evident that people frequently driven by contractors who have were attracted to settle close to water points links with the government. In Burder, FGD for easier access to water for both domestic participants said they are not consulted in and livestock use. This was particularly the water development, the process is initiated by case for high yielding boreholes, such as those a contractor and the community are only in Arbajahan and Sarman, where residents said informed during the implementation stage. that the population had increased as people Discussions with the water department agreed had now made permanent settlements to that the design of water points can often be access the boreholes from surrounding areas more contract-based than needs-based, and with little or no water. This had occurred even thus do not always go where they are in areas designated as a catchment area, specifically needed. Tender wars can also where accordingly, settlement should be
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 29 prohibited, such as in Nyatta. As a result, there plan water development in the county over had been a reduction in the supply of water to the next five to ten years. This was an Korondile town, 9km away, which is reliant on important challenge to address and would be water piped from Nyatta. In Adhimsajida, dependent on politicians who prefer to push residents said the water point had led to a for settlements in order to gain political favour. population increase in the town by people who wanted metered connections to their homes 7.8 Water and pastoral range management and an easily accessible supply of domestic – the pasture water balance water. In comparison, water points with a low In Wajir, the location of new water points yield or discharge (e.g. Ajawa spring), or that has been more aligned with the issue of are saline (Waradey), attracted limited settlements rather than considering seasonal population and settlement growth. range management and the need for protecting grazing areas. A key issue raised Respondents discussed the impacts caused by by residents was that water points and the growth in settlements and population. settlements have been placed in or close Water points were increasingly congested due to dry season grazing areas, encouraging to the large number of people and livestock the overuse of these pasture reserves. visiting, encouraging interclan conflict over For example, in Biyamathow, a number of water use. Increasing settlements made it water pans have been established that have difficult for large livestock, such as camels, to led to the inward movement of people access the water points, as reported in during the dry season, affecting the pasture Biyamathow and Khorof Harah. The expansion availability. In Tarbaj FGD, elders discussed of unplanned settlements was also creating the problems of the water points and pressure on infrastructure, and increased the settlements for pasture: demand for resources such as firewood, such as in Arbajahan and Buna, as well as an Elder 1: ‘...it is bringing too many problems, increased amount of waste. Increasing for example, the erosion of nutrients from the numbers of livestock using the water points land,...wiping out pasture as a result of over also caused degradation of pasture around the population, and overgrazing of the pasture town (see below). In Biyamathow and Qarsa, land that would be used for the dry season residents thought the increase in settlements but is finished before the next season arrives and livestock visiting the water point had and many more.’ increased the prevalence of hygiene related Elder 2: ‘it’s better we have a site that can be diseases due to the high quantities of cow and used during the drought but if everywhere is donkey dung. This was especially a problem settled then there will be a huge problem in because the boreholes were located in the future. Making every water point a settlement centre of town. Residents and water point is not good.’ operators said they preferred if the livestock troughs were situated out of town so livestock Another issue was the overgrazing caused by did not need to enter the town. high populations of livestock around permanent borehole sites. High numbers of There were also positive impacts of the growth animals, particularly around the high yielding in settlements, which included an increase in boreholes, come to water for long periods and business and trade at some water points as cause the depletion of pasture around the more people came to buy commodities, and in water point. This contributed to animal disease Boji Garas, the development of the village outbreaks due to the overcrowding of livestock, including a school and dispensary. as mentioned at a number of water points, However, water department staff explained including Arbajahan, Buna, and Eldas. In areas that the mushrooming of settlements meant where water discharge or yield was low, this that it was difficult to plan water development inhibited the number of livestock coming to priorities. The spread of settlements would water. In these areas, residents said the water need to be controlled in order to adequately point had little effect on pasture availability.
30 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA The high development of boreholes in Wajir ‘There are no such laws in Tarbaj, no stringent has made water available all year round, and method to govern that during the rainy season encouraged permanent settlements. Although certain land will not be used, or that certain good for domestic water users, this has caused land is closed for the drought season. There year-round grazing in the surrounding pastures. are no such rules, everyone settles or grazes anywhere they wish. We believe that if such To prevent the permanent year-round grazing rules were established and implemented them of pasture around the borehole points, in a such steps will make a breakthrough, and it will number of study sites there are rules that be a kind of mitigation for this global warming specify livestock must graze outside of the and conflicts that erupt sometimes.’ town during the wet season. This rule was reported in Arbajahan, Buna, Korondile, In Khorof Harah, FGD participants agreed with Khorof Harah, Adhimsajida, and Tarbaj, this and said there are no defined rules amongst others. Herders are not allowed to governing the rangelands because of the graze within or on the periphery of town. ongoing proliferation of settlements. Commonly, herders must move 10km out of Politically-driven settlements had disrupted town to graze, saving the grazing areas closer rangeland management and livestock mobility to town for the dry season when animals are patterns. It was now difficult to move between weak and cannot travel far. grazing areas and people reported grazing within their locality. Moreover, the seasonal A similar rule governs the use of water, and movement of livestock between wet and dry specifies that livestock must finish the natural season grazing areas had become increasingly ponds and pans before any other water point less defined within Wajir. During drought, is opened, as reported in Biyamathow and pastoralists across sites in Wajir, reported Korondile. In cases, the same rule also applies migrating to a neighbouring county, such as for domestic water. Boreholes and some pans Marsabit and Isiolo, or across the border into are closed during the wet season if there is Ethiopia or Somalia. available water elsewhere, to save these for dry season use. Despite these rules, Besides the proliferation of settlements, the community members explained how lack of consideration in the siting of water customary rules for rangeland management points in relation to grazing pastures and are not very well defined in Wajir, without livestock mobility, was thought to occur areas clearly specified for settlement or for because of weak coordination between the grazing or for moving between grazing areas. county water and livestock departments, as As an elder in Tarbaj FGD explained: well as weak consultation with pastoralists.
Camels walking to the grazing area after taking water
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 31 8. Conclusion
In the pastoral drylands, the emphasis on Furthermore, livestock needs for water have water development infrastructure has been neglected and presumed to fall within occurred at the expense of good water those provisions made for domestic water. This governance, including building the institutional is due to a lack of consideration of the needs capacities and skills of local people to govern for livestock water use in draft water policy, water facilities, or in managing the weak collaboration between the county differentiated set of livestock and domestic livestock and water departments, and a user needs. poor system of community consultation in decision-making. In dryland counties such as The development of water infrastructure must Wajir, this is surprising since livestock make-up go hand in hand with the development of the principle local livelihood. However, this good governance. Sustainable water neglect can be viewed as part of a broader development is not just about effective long-standing political rhetoric which sees technical solutions and financial investments, pastoralism as unproductive, uneconomic but also good governance. In the drylands, and outdated, and in need of replacing water governance requires a strengthened with cultivation, and in the case of Wajir, capacity of state and local institutions to irrigated agriculture. understand and implement water and rangeland management. Good water In the pastoral drylands, water development governance occurs when rules and institutions can promote resilience or it can undermine are transparent, inclusive and equitable. This resilience, depending on how it is applied. will lead to a more efficient, effective and There needs to be a more coordinated accountable water sector. Good water approach to water development in the governance is also an effective conflict drylands, with greater collaboration between management strategy. the county water, livestock, and other relevant sector departments, and among all the Under the new Kenya Water Act 2016 and the institutions involved in the governance of Constitution of Kenya 2010, counties are now water. Project interventions should also be responsible for the provision of water services decided in consultation with local communities in rural areas. Devolution and the and take account of the local context, decentralisation of water services have community priorities and knowledge, and brought benefits, including the establishment customary governance institutions. of new water projects and facilities, and service delivery closer to the local level. The following section gives a number of However, it has also increased the number of evidence-based policy and practical actors involved in water governance, such as recommendations to improve water the recently formed WAJWASCO, and created governance and development practices that some confusion due to overlapping roles and support more sustainable rangeland responsibilities across levels. The county water management in the drylands. It is hoped that department, WAJWASCO, and WUAs, all the findings and recommendations of this share responsibility for providing safe, clean study can be used to inform the effectiveness water and water supply services to water of rural water supply for both domestic and users. All also share technical, management livestock use and support more resilient and financial capacity gaps that challenge pastoral livelihoods in Wajir County. the sustainability of their operations.
32 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 9. Recommendations
The following policy and practical Outline the structure and functions of WUAs recommendations are identified as measures in county water legislation and ensure these to be addressed in the ongoing development regulations are implemented. This should of Wajir’s County water legislation. They are include regulations to ensure the also important to consider as counties develop participation of all social groups on WUA their county spatial plans as they provide committees and more transparent financial the opportunity to align the placement of management systems. water infrastructure to rangeland WUA committees should follow transparent management plans. selection processes, with all community Strengthen water governance beyond members invited to attend, as well as the current focus on water development. subcounty water officers, and other water This should clearly define the roles and sector actors. Communities should also be responsibilities of the different institutions sensitised on their needs for equitable and involved in the water sector. inclusive community-manged water points and be made aware that they can hold their Develop stronger coordination between WUA committees to account. the different institutions in the water sector to avoid repetition and conflict, and to Enhance the supervision and monitoring of maximise efficiency. This includes between; WUAs by subcounty water officers through national and county governments, county setting up communication channels and livestock and water departments, monitoring performance and accounts. WAJWASCO and WUAs, as well as all Establish a performance framework linked to water sector actors. incentives to encourage more accountable and successful management practices by Devolve O&M to the subcounty level to WUAs. provide faster and more-effective service delivery. Strengthen subcounty level Create a system of community engagement resources and structures so each subcounty and feedback to strengthen community has a small team of well-equipped and voice and participation in water trained staff, and subcounty water officers development. Ensure there are more are based in their subcounties. inclusive public participation processes before projects are initiated, involving both Support greater institutional strengthening men and women in the community. of WAJWASCO by reviewing their structures, policies and functions. This Harmonise water tariffs across water points includes incorporating social accountability and management systems to avoid conflict. measures, providing more consultation and Ensure water point pump systems are robust feedback to water users; more transparent with a sustainable spare-parts chain, easily use of water fees; and greater community sourced and maintained by local operators. representation on the WAJWASCO board.
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 33 Explore private sector operation models for more professional management and repair of water points, through partnerships with WAJWASCO or WUAs. Support enhanced technical, management and financial training for all water actors including the water department, subcounty water officers, WAJWASCO, and WUAs. Differentiate the needs of domestic and livestock use in the development of water points to avoid the overgrazing of pastures. This includes, considering the differential needs in terms of the positioning of water points, the supporting infrastructure, and rules that govern the schedule and number of users. Align the establishment and distribution of water points more strategically with pastoral range management. This should consider the placement of water points with respect to wet and dry season grazing areas, the spacing between neighbouring water points, and the discharge rates of water points that determine the concentration of livestock on the rangelands. Existing water infrastructure should be rehabilitated where possible. Limit the mushrooming of new settlement areas to avoid extra stress on grazing areas. Settlements should be planned according to local domestic and livestock priorities for water development rather than being politically-driven and disruptive to rangeland management. Strengthen traditional conflict resolution mechanisms to ensure peaceful access to water, and ensure they are incorporated in the management and governance of water points.
34 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 10. References
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WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 35 Wajir County Government (2013). First County Integrated Development Plan 2013-2017. County Government of Wajir. Wajir County Government (2017). Draft Wajir County Water Sector Policy. February 2017. County Government of Wajir. Wajir County Government (2018a). Wajir County Integrated Development Plan 2018- 2022. County Government of Wajir. Wajir County Government (2018b). The Wajir County Water Sector Strategy Implementation and Monitoring Plan 2018-2028. County Government of Wajir WAJWASCO (2018). Wajir Water and Sewerage Company (WAJWASCO) Draft Business Plan 2018-2022. July 2017. WASREB (2018). A performance report of Kenya’s water service sector 2015/16 and 2016/17. Issue No. 10. Water Service Regulatory Board. World Bank Group (2016). Understanding the Kenya 2016 Water Act. The 2030 Water Resources Group. Available at https:// www.2030wrg.org/wp-content/ uploads/2016/12/Understanding-the-Kenyan- Water-Act-2016.pdf.
36 WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA Annex
Summary of the Wajir Community a bank account. One caller, a member of a Radio broadcast on the water study WUA in Lagboqol, said that his WUA pays for The Wajir Community Radio broadcast a talk the spare parts, and the water department just show to share findings of the Wajir water study provides the technical expertise. The CCO said on Sunday 5th May at 6pm. Halima Kahiya, the he would try and address this so that the water presenter, hosted the County Chief Officer department paid for the spare parts. (CCO) for Water, Yussuf Dayib, and both The presenter asked the CCO for clarity on the discussed the key findings from the study and mandate of WAJWASCO. The CCO replied invited listeners to phone in and ask questions. that WAJWASCO are responsible for The show ended 13 minutes behind schedule managing and maintaining boreholes, at 7:13pm because there were many callers. although they only managed 20 of the 277 Twelve callers were given time to ask questions boreholes in Wajir. The CCO explained how or give their comments to the CCO. WAJWASCO suffered from a number of One of the first issues raised by the presenter challenges, including a lack of trained staff and was that the community directly call the CCO problems in their O&M. One caller asked why when there is a breakdown or problem with a was the department employing incompetent water point, rather than the subcounty water staff, and were they going to be replaced with officers who are responsible for water in the more experienced staff? The CCO said training subcounties. The CCO responded that this and capacity building was a key happened because the subcounty officers do recommendation highlighted in the study. not have offices at the subcounty level, but he The CCO clarified that instead of WAJWASCO, would soon operationalize the subcounty most boreholes are still managed by the water offices. WUAs. There were also challenges with their The CCO also thought that having the management, such as many WUA committees subcounty water officers based in the being based on clans. The CCO thought that subcounties would prevent the operation and once the subcounty water officers were in maintenance (O&M) staff from the water place, they can partner with the WUAs for department, overcharging the community for more transparent revenue collection and repairs. This was a key issue brought up by better operation of boreholes. callers. One caller commented that the public The presenter asked the CCO about the have to pay the allowances of water system of water charging for domestic and department staff when a borehole breaks livestock use. The CCO said the department down, but asked shouldn’t this be paid by the have recently built water kiosks for domestic water department? The CCO clarified that the use, and piped water for some households water department pay for the spare parts, but where people are charged through meters. the staff allowances should be funded by the Livestock are counted per head (between water users associations (WUAs), using the 15-20 Ksh), but using metered troughs for revenue they collect from water fees. The CCO livestock was a challenge. thought that if the subcounty water officers were operationalized, they would be able to The CCO explained the current drought oversee the management of the WUAs and conditions were making it difficult for people ensure the water revenues are deposited into to access water and pasture. Although it
WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA WATER GOVERNANCE AND DEVELOPMENT IN THE DRYLANDS: THE CASE OF WAJIR COUNTY, KENYA 37 should now be the rainy season, the county Callers in other areas complained the water is have been relying on water trucking to many too salty for human consumption, such as in areas since January due to a shortage of rain. Tarbaj and Elyunis. The CCO replied that the The CCO explained how the county does not water department were trying to replace the have a good system of using wet and dry metal pipes with plastic pipes to prevent them season grazing areas to support pasture, such spoiling due to salty water. as they do in Isiolo, and the county One caller from Tarbaj town appreciated the government should come up with better efforts of the government for piping water policies to guide this. from Sarman to Tarbaj, as they no longer had a Another caller complained that they were problem in getting with water. The CCO being charged for water from water trucking warned that the problem now is people when they know the water is supposed to be destroying the piping system in towns along free. The CCO replied that the water the piping route where water is not easily department don’t sell during water trucking, available. To overcome this problem, the water but it might be the private kiosks doing that, department are trying to provide water to the and he would follow up on the issue. people in these areas. The CCO said that instead of drilling new The CCO was positive on the water study and boreholes, the water department are installing appreciated the findings. He promised to more piping in some areas, such as Diff and implement the study recommendations and Awsmudule. The CCO also spoke of plans for overcome the challenges raised. He said his piping water to Wajir town in response to the offices were available to the public seven days water shortage and shallow wells drying up. a week in case any assistance is required. This was to use funds from the World Bank otherwise they would look elsewhere. Callers agreed that the drilling of new boreholes should stop, as it is leading to pasture reduction, and instead there should be more water piping to areas. Other callers made the point that there are so many dams in Wajir that need desilting as they do not retain water for long e.g. in Harakoba. The CCO responded that they will do more desilting of dams and also divert running water to the dams. One caller asked the CCO for the water department to fence dams. Many callers complained about the lack of permanent water in their areas which caused much hardship, and in Barmish, Wajir West, great thirst. In the case of Barmish, the CCO replied that a new borehole will be opening soon to provide water there. Some callers said they regularly suffered from water rationing, such as in Lafaley, which although only a few kms from Wajir Town, might be without water for days. The CCO replied this was due to a high-power bill, which he would try and offset.
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