Holders of expired water abstraction permits have less than 30 days to renew their trade licenses or pay a fine of around Sh1 million or face jail term not exceeding two years, the Water Resources Authority (WRA) has cautioned.

This puts on the spot an estimated 31,551 companies and individuals for engaging in illegal water abstraction activities.

Subsequently, Kenyans, especially Nairobians – who depend on the numerous boreholes spread across the city’s residential areas – risk going without water if indeed WRA stamps its authority.

WRA Chief Executive Officer, Mohamed Shurie stated such companies or individuals holding expired water permits have no option but to renew the permits, failing which, disconnection of the water works and prosecution of the owner will be executed without further notice.

“Members of the public with expired permits or without a valid permit from WRA are required to visit designated WRA offices in their areas to renew their expired permit and regularise their abstractions with the Authority within a period of 30 days from the date of notice,” said Shurie at WRA boardroom.

He warned the businesses abstracting water without up to date permits risk facing the wrath of the Water Act, 2016 (147).

This requirement, he pointed out, extends to landlords and lease holders who are operating water abstraction works mostly boreholes and wells without permits from the authority.

Shurie said unfortunately, despite existence of the law, a number of permit holders, contractors or borehole owners have failed to submit to WRA the permit renewal documents, and other records as provided for in the Water Act, 2016.

“It is brought to the attention of the public that under Section 36 of the Water Act, 2016, a permit is required for any of the water use purposes namely; any use of water from a water resources; from both surface and groundwater, the drainage of any swamp or other land; the discharge of a pollutant into any water resources; and any other purpose to be carried out in or in relation to a water resource, which is prescribed by regulations made under the Act to be a purpose for which a permit is required,” he said, echoing a critical message – water does not simply flow from taps; it originates from catchments.

He urged every individual to embrace the responsibility of conserving and protecting these essential ecosystems.

Shurie noted Kenya being a water scarce country – considering the ever increasing demand for water resources for the increasing human population and other various – this has brought about increasing competition from various water uses hence the need to have strict regulation over access and use. However, there has also been a spike in cases of non compliance in most instances that have led to the authority taking up legal actions against the law breakers.

For instance, on February 26 2024, the Court of Appeal awarded WRA a  sum of approximately Sh649.4 million against Krystalline Salt Ltd  for failure to pay water use charges  for water abstraction. This was after Fredrick Chege Kamwene was found guilty of contempt of court and contravening court orders on permitting and slapped with a penalty of Sh200,000 or a one month jail term on October 23, 2023.

“More other cases are in court and our appeal is for water users to comply with the law,” he said.