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Governors and senators have demanded that two national water regulatory bodies be disbanded, accusing them of being an impediment to the smooth running of county water firms.

The county leaders want Water Services Regulatory Board (WASREB) and Water Resources Management Authority (WARMA) disbanded, arguing having the two agencies is akin to clawing back on devolution since water is a devolved function.

Wasreb is the national regulator of water services whose mandate is to set rules and enforce standards that guide the water sector.

On the other hand, Warma is mandated on behalf of the national government to safeguard the right to clean water by ensuring there is proper regulation of the management and use of water resources.

However, governors have complained of frustration at the hands of the regulators, singling out Wasreb, which they accuse of standing in the way of their efforts to turn around the operations of water companies in the 47 devolved units.

Frustrating counties

This even as the water services regulator was also put on the spot for frustrating counties’ efforts to merge water companies in their jurisdictions for efficient service delivery.

In addition, the County governments have been making several requests for review of their tariffs to be up to date but such requests have not been granted, a move that has left most of the water companies technically insolvent as they grapple with low revenues, operating losses and negative working capital.

The County bosses are now accusing Wasreb of delays in approving requests for water tariffs review, a move that has left most county water firms across the country forced to use old and outdated tariffs resulting in lower revenues.

Nyeri Governor Mutahi Kahiga, on Monday, laid bare how Wasreb has frustrated efforts by Tetu-Aberdare Water and Sanitation Company to review its water tariffs expired in 2014.

Kahiga told the Senate Public Investment and Special Funds Committee chaired by Vihiga Senator Godfrey Osotsi the firm has been writing to the regulator since 2016 to no success.

“The company wrote to Wasreb in November 2016 for tariff review. Another request was made in 2019 but up to date, we still don’t have a new tariff even as the company continues making losses,” said Governor Mutahi.

He went on: “If indeed devolution has to succeed, Wasreb must stop controlling water tariffs in this country. Water service providers are not profit-making entities but have a service to render.”

The governor also told the committee how Wasreb thwarted efforts by his administration to align operations at Tetu-Aberdare and Mathira Water Companies.

Tariff changes

The committee chair decried that even after the board of directors at the water companies and the county governments have approved tariff changes, Wasreb still sits on approving such reviews.

“Let us not lament. We have the law and the ball is in our court. Water is a devolved function. Why would a board of directors and county cabinet approve a tariff then the same resolution is subjected to Wasreb for another approval?” asked Osotsi.

Kahiga called on the Senate to intervene to ensure that Water Cabinet Secretary Zachary Njeru reverses the gazette notice since their takeover will be a claw back on devolution.

Complaints by Governor Kahiga come hot on the heels of concerns raised by Kajiado Governor Joseph ole Lenku while appearing before the same committee last week.

Governor Lenku complained that the water works agencies manage billions yet water is a devolved function.
“It is a misnomer to have water works authorities allocated more resources than what goes to the 47 counties. We have an obligation as leaders to stand for the country. We will stand together with the Senate to support devolution,” he said.

Senator Eddy Oketch (Migori) called for the disbandment of Wasreb accusing the agency of holding county water firms hostage and “completely maiming devolved functions”.