President Uhuru Kenyatta is rebranding as the symbol of national unity he should have been when he arrived in 2013. The remake seeks to reconcile Kenyans. He is largely lonely on the mission.
Cabinet secretaries, for example, are also expected to exercise delegated authority in a way that promotes national inclusion. The leadership of the Ministry of Water, Sanitation and Irrigation falls below the threshold.
Water sector reforms of 2004 came with high expectations, which are dimming under CS Sicily Kariuki. From March 2020, board appointments for Central Rift Valley, North Rift Valley, Lake Victoria South, and Lake Victoria North water agencies have been whimsical.
Appointments and sackings have resulted in myriad lawsuits. The Maji House-induced instability contradicts the presidential Mwongozo Code of Governance, Legal Notices, and Executive Orders.
Maji House also continues to send its internal auditors and project supervisors to agencies, while requiring hosts to settle unbudgeted costs.
Regional service boards – Coast, Athi, Northern, Tana, Rift Valley, Lake Victoria North and Lake Victoria South – were created to bring water and sewerage services closer to the people.
The reforms were deepened in 2016, through revision of the legal framework for the water and sanitation sector, to make the law consistent with the 2020 Constitution. Waterworks development agencies replaced water services boards in February 2019.
Water services provision was devolved, while infrastructure development was assigned to waterworks development agencies. The agencies rely on the Exchequer for their recurrent and capital investments.
Some of the agencies have had a high turnover of chief officers. Others have had stable administrations. Annual tracking of regional water and sanitation coverage shows the impact of these challenges.
The Lake Basin, for example, started at a slightly higher level than others. But ministerial reports show that it has the lowest national water and sanitation coverage.
The agency has had 12 CEOs. Only four of the 12 were substantive office holders. The rest were either sent by the ministry or insiders appointed in acting capacities. Three of four CEOs served a full term. One worked for under a year.
Lake Victoria North has had six CEOs, but only three were substantive office holders. Of the three, only the founding CEO served the maximum two terms.
Other agencies have faired a lot better over the same period. Coast, Athi, Rift Valley, Tana and Tanathi have had three CEOs. Northern has had two substantive appointments. Vested interests at Maji House explain staff fluidity.
Only waterworks development agencies were devolved. The removal of retail services means the agencies don't have own revenue streams. They rely on the Exchequer.
The two lake region water agencies have always been allocated about 50 per cent of their recurrent expenditure votes. Development vote for the ministry shows that other waterworks agencies receive billions of shillings from the Exchequer, which contradicts the equity principle in the 2010 Constitution.
Budget allocations over the last five years show that apart from development partner funding, the Exchequer financing has averaged between Sh50 million and Sh200 million for social intervention projects. These are aimed at achieving the sector goal of 80 per cent water coverage, and 60 per cent sanitation coverage by 2022.
The region’s water coverage remains below 50 per cent; sanitation is about 20 per cent. There are treatment works without water for communities.
The Water Act 2016 defines the mandate of water agencies. But Maji House still assigns these agencies programmes outside their official duties. Conflict of interest is suspected.
Functions such as borehole drilling, sanitation, and other projects in the Lake Basin are assigned to the National Water Harvesting and Storage Authority, without parliamentary approval. Consequently, there is duplication of roles, wastage, and lack of accountability.
The contradictions undermine the President's desire to serve all Kenyans.
