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Respuestas motivadas a las propuestas ciudadanas (v05.3.3) pg.- 161 de 198

Table 2.3 illustrates key water supply events in Kenya as a protectorate and colony. Table 2.3: Key water supply events between 1920 and 1963

Period Key Water Supply Events

1921 World economic depression followed soon after the change of currency from rupee to shilling.

The staff of public works were reduced by half and water development declined.

1926 Underground water exploitation was recommended in lieu of economic situation after the conference on water legislation held the same year.

1928 Establishment of a committee to discuss water legislation of 1916, 1921 and the version of 1922.

1929 First water legislation enacted and operationalized. Overall ownership vested in the government.

1939-

1945 Population boom in Nairobi due to influx of soldiers which put pressure on water resources. Second major water supply development for Nairobi in 1945 from Ruiru.

1946 African land development (ALDEV) formed in the MoA to develop water resources for agriculture especially in the rural area and continued its work up to 1964 when it

merged with HB. 1949-

1953 Period of considerable dam construction by ALDEV under the ministry of agriculture to enhance agriculture.

1951 Water Resources Authority (WRA) was established.

1952 Water Act (Cap 372)

15 Williams G. B (1907). Report on the Sanitation of Nairobi and Report on the Townships of Naiva- sha, Nakuru, and Kisumu. Kenya National Archives, GP, 363.7.BRI. 1907.

16 Lotte H (2006). Moving the Maasai, A Colonial Misadventure. Palgrave Macmillan, in Association with St Anthony’s College, Oxford.

1954 The Swynnerton Plan for agricultural development. A significant amount of water development activities was in-built. A considerable number of water schemes were developed especially in Nandi.

1957 Commission of Sir Hebert Manzoni (recommended the transfer of Hydraulic Branch from the Ministry of Public Works to Ministry of Agriculture.

1957 Mombasa pipeline Board was established, ordinance No. 15 of the laws of Kenya.

1959- 1960

Need to enhance agriculture. Several major rural water pipelines established namely: Rongai, Westacre, Kibichori, Visoi, Olobanaita, Enarosura, Kinangop Elburgon, and Kinja).

1960 WHO/UNICEF through the Ministry of Health started to fund development of rural water supply after recognizing the health problems created by poor quality water.

1962 Revision of the Water Act (Cap 372). Overall ownership of water resources is vested in the government.

Towards the end of 1920s, the state had taken over from the Uganda Railways as the main service provider of water in urban areas17. As the Public Works Department

developed new township water supplies, some railway water supplies were abandoned and the Railways connected to the new supplies18.

Dixey scheme was put forward in 1943 and covered the water scarce areas of the

Northern Frontier Districts19. After a pilot project, the Water Resources Authority

recommended that water development in the Northern Province should be restricted

to the exploitation of surface catchments and construction of pans, dams and tanks20.

After the Second World War, the British government, under the Colonial De- velopment and Welfare Act, invested in the British colonies to boost economic and

social development21. Consequently, the colonial government (Figure 2.1), in 1946,

launched an ambitious investment programme under the Development and Recon- struction Authority (DARA), which sparked off a rapid development of urban water

supplies22 and African Land Development Board (ALDEV). It emerged with policies

specifically aimed at intensifying arid and semi-arid lands (ASAL) production23.

17 Colony and Protectorate of Kenya (1930). Report for 1929 His Majesty’s Stationery Office, Lon- don Ref: AG/43/79, Nairobi, Kenya.

18 Nyanchaga E.N & Ombongi K.S. (2007). History of Water Supply and Sanitation in Kenya, 1895- 2002. Environmental History of Water, Chapter 21. IWA Publishing, Alliance House, 12 Caxton Street, London UK.2007.

19 Dixey F (1950) Hydrological report on the Northern Frontier District, Samburu and Turkana and Report on the Hydrology of the Uaso.

20 Provincial Commissioner (1951). Northern Frontier Province, Annual Report of 1951. Kenya Na- tional Archives. PC/NFD/1/1/10, 1951.

21 Fielhouse D. K (1999). The West and the Third World: Trade, Colonialism, Dependence, and Development, Blackwell Publishers, Oxford 1999.

22 Colonial Office (1950). Annual Report on the Colony and Protectorate of Kenya for the year 1948. His Majesty’s Stationery Office, London.

23 Provincial Commissioner (1946). Annual Report Northern Frontier District, 1946. Kenya National Archives. PC/NFD/1/1/8, 1946.

Figure 2.1: Kenya colony and protectorate map24.

In 1954, the colonial administration yielded to political pressure that had started in 1940 due to economic hardships in the reserves and introduced the third formal water development plan known as “the Swynnerton Plan” under the Ministry of Agriculture. The plan was aimed at intensifying African agriculture through mixed farming featuring improved cattle for dairying and increased cultivation of cash crops25.

The first rural water supplies project (Rongai pipeline) was started in 1948 with the aim of opening agriculture in the mainly European settled areas. Several rural pipelines were envisaged, these included Rongai, Vissoi, Olabanaita, Westacre, Elburgon, Enarosura, Kinja and Kinangop ring main. All of these rural pipelines were in place and operating by the end of 1959. Although the above pipelines were

24 Fielhouse D. K (1999). The West and the Third World: Trade, Colonialism, Dependence, and Development, Blackwell Publishers, Oxford 1999.

25 Swynnerton J. R M (1957). Kenya’s Agricultural Planning, African Affairs, Volume 56, Number 224, July 1957.

the major ones initiated in the mainly European settled areas (with exception of Enarosura) other schemes ranging in number between 50 and 60 were developed

in African areas26 where the tendency was to put in a greater number of schemes of

smaller dimension. Such schemes included those designed to protect water catch- ments by conveying piped water supplies to grazing areas sufficiently remote from important catchments to afford them protection.

The rural piping schemes were executed and operated in different ways, de- pending on whether they were in the old “scheduled” areas or the “non-scheduled” areas. In the “scheduled” areas, eight pipelines (Vissoi, Enarosura, Kinja, Westacre, Kinangop, Rongai, Elburgon and Olobanaita) were financed by the Central Colo- nial Government and installed by the Hydraulic Branch in the Ministry of Public Works. These water projects were either in the former Naivasha Country Council

or Nakuru County Council areas (i.e. in the white settler farms)27.

Five of the eight schemes were controlled by Associations of Operators and three were operated by the Water Development Department as normal Gazetted water supplies. However, the loan repayment position with regard to these three supplies was not the responsibility of the Water Development Department. For the other five pipelines, a loan repayment to Government was satisfactory.

According to the Water Development Department28, most of the rural water

supplies in the old scheduled areas ran into trouble when the European settlers sold their land to African farmers and left. Thus the association of operators and consequent difficulties in operation and maintenance, management (repayment of loan, etc.), sale of water under prevailing circumstances of settlement and changing ownership; and physical collection of revenue.

Payment of water rates and repayment of loan for rural pipes by farmers over the three operating years since the latter half of 1961 totalled ₤1,268, while expenditure on maintenance and incidental costs amounted to ₤2,876, i.e. the repayment was

less than half the operating cost29.

Abuse of law by the white farmers on one hand and inability to enforce the law at the detriment of the natives on the other, were demonstrated by colonel Gro- gon’s unconcealed disregard of the Provincial Commissioner protests at Jipe farm

26 East African Standard (1959). More water for Colonies Farms. Kenya National Archives, Ref: BV/14/420. Nairobi, Kenya.

27 Water Development Department (1965). A Memorandum by the Director, Water Development Department, Ministry of Agriculture Animal Husbandry and Natural Resources. Kenya National Archives, Ref: BY/35/17. Nairobi, Kenya.

28 Water Development Department (1965). A memorandum by the Director, Water Development Department, Ministry of Agriculture Animal Husbandry and Natural Resources. Kenya National Archives, Ref: BY/35/17. Nairobi, Kenya.

29 Director, Water Development Department (1965). Rural Water Policy. Water Development De- partment. Nairobi.

in 1950s. The PC was unable to enforce the Wayleave License and Water permit rules against Col Grogon who built and abstracted water from Lumi River before the Water Sanction and the Wayleave license were granted. This was even before the concerns raised by other riparian holders had been satisfactorily addressed, leaving the natives bitter and angry30.

By 1955, there were no formal standards of water quality laid down in Kenya and the ones which were generally adhered to were those equivalent standards applied in the United Kingdom. This was a major omission on the part of the administration that led to complaints from private individuals regarding quality.

The East Africa Royal Commission, 1953-1955, was established to guide the three East Africa territories into integrated development. The commission recom- mended creation of a single department in each territory to administer all aspects

of water supplies, apart from urban supplies31.

By 1956, the Public Works Department faced problems of organisation, man- agement and finances; the minister responsible for water policy had no control over the Hydraulic Branch and the hydraulic engineer was not in complete control of the staffing in public works department divisions. The hydraulic branch faced acute shortage of staff, which led to delays and uneconomic and unsound water development. For this purpose, Herbert Manzoni was appointed to enquire into

reorganisation of Public Works Department32.

Among other recommendations, Manzoni recommended the transfer of the HB to the Department of Agriculture. Consequently, the government decided that all supplies in large towns be taken over by the Local Authorities and that the Ministry

of Agriculture (MoA) should operate supplies in smaller towns33. The proposed

organisational model outlived the colonial government by 25 years.

In the early 1960s, the ‘variegated’ nature of the water administration in Kenya

continued just like in the decades before34. At this time, three sections were involved

in water supplies provision, The Ministry of Works (MoW), Water Development Department and the Local Authorities. This led to duplication of duties hence inefficiency in provision of services.

30 Provincial Commissioner (1952). Wayleave –No.1 Left Bank Canal, Lumi River, Taveta. Kenya

National Archives. Ca/17/116. April 4th 1952.

31 Royal East Africa Commission (1955). Kenya National Archives, AH/6/2. 1953-1955.

32 Cabinet Office (1957). Council of Ministers. Kenya national Archives, ACW/32/30. 26th March

1957.

33 Colony and Protectorate of Kenya (1957). Sessional Paper No.98 of 1957. The Manzoni Report on the Public Works Department. Government Printer, Nairobi 1957. Kenya National Archives, MSS/66/111.

34 Nyanchaga E.N & Ombongi K.S (2007). History of Water Supply and Sanitation in Kenya, 1895- 2002. Environmental History of Water, Chapter 21. IWA Publishing, Alliance House, 12 Caxton Street, London UK.2007.

In August 1960, the Environmental Sanitation Programme under UNICEF commenced with the main objective to develop water supplies for the rural areas. In addition to promoting awareness in the community of the benefits of adequate and safe water supplies, this integrated programme was concerned with improved methods of waste disposal in schools, health centres, markets and public meeting

places35.

The Organisation of Water Supplies in Kenya, the Chief Hydraulic Engineer, Hydraulic Branch, PWD report of February 9, 1961

This report argued that water supplies especially the rural one should be organized on a regional basis. The report advocated for the establishment of a National Water Authority which would be responsible for the supply of bulk water and operation of such distribution facilities as may be feasible.

With the operationalization of the Water Act 2002 and the National water and services and sanitation strategy 2003, a new water administration structure has been promulgated, comprising of the Water Service Boards with the same responsibilities as those proposed by the Hydraulic Engineer in 1961.

Water Development and Apportionment Proposals, the Chief Hydraulic Engineer, Hydraulic Branch PWD Report of June 18, 1962

This report strongly recommended an all-purpose National Water Authority and proposed that this authority should have responsibility for planning, designing, financing, constructing, operating and managing all urban and rural water works. The responsibility of the Authority was also to include sewerage and drainage, irrigation and other water uses and include conservation, resource development, hydrology and basic data collection36.

The paper also suggested the National Water Authority could at some time in the future be decentralized through the establishment of regional authorities. Such a National Water Authority was to be set up at a supra- ministerial level, with a board composed of permanent secretaries and department heads of interested ministries and would have the Head of State as Chairman.

Paper Presented by the Water Resource Authority to the Commission on the Organisation of Water Development in Kenya Paper of 1962.

35 Nyanchaga E.N & Ombongi K.S (2007). History of Water Supply and Sanitation in Kenya, 1895- 2002. Environmental History of Water, Chapter 21. IWA Publishing, Alliance House, 12 Caxton Street, London UK.2007.

36 WHO (1973). Sectorial Study and National Programming for Community and Rural Water Sup- ply Sewerage and Water Pollution Control. Report No 10. Recommendations on Administration and Organization structure for water Supply Development. Brazzaville.

This paper concentrated mainly on the rural water supplies but also touched upon matters of national organisation and development of water supplies. It is this report that marked the entry of WHO in an expert study in 1963. The major

problems that affected the rural water supplies at the time included37:

 Lack of coordination between Government agencies involved in community wa-

ter supply sector;

 Lack of an organisation with authority on water development;

 Lack of Long-Term planning in the community water supply sector;

 Lack of data on state of water development in Kenya;

 Lack of Data on available water resources;  Shortage of qualified Kenyan staff;

 Lack of Technical staff within the ministry of Local Government;

 Shortage of Staff for development of Lands and Settlement water schemes;

 Administration in the water development division;

 Shortage of recurrent funds;

 Shortage of development funds for urban water supplies operated by WDD;

 Low efficiency in revenue collection from the rural water supplies developed by

WDD;

 Lack of inter-linkage between the development plans and the selection procedure

for water schemes to be developed;

 Poor design criteria and techniques; and

 Poor purchasing procedures.

37 WHO/Government of Kenya (1972). Sectoral Study and National Programming for Community and Rural Water Supply Sewerage and Water Pollution Control. Report No 2, Recommendations on National Programme for Community Water Supply Development. Brazzaville.

2.5 Independent Kenya, Water under Ministry of Agriculture