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Insightful kabisa. Well informed

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thanks…all this info is publicly available on the ministry’s website

https://www.water.go.ke/

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I wouldn’t have known. Thanks for the info.

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Spear hataonekana hapa

Matiangi… Matiangi apewe hii ministry!

mi nikifikiria hizo Water Boards ni independent (what a host of Independent institutions our Constitution created) But now it’s evident hiyo story ya kufunga maji ni propaganda… But kuna time Kilifi Governor was saying Mombasa should pay the millions they owe for supply of water or else they shut down the water supply… sometimes last year or the year before!

Nope they are not…since they did not want to merge them to create one body…these boards were given the responsibilities of infrastructure developement and to hold assets in trust on behalf of the National Government (meaning the National Governenment refused to hand over these assets to the counties).

The only other reforms that have been done in the water sector was in 2002, when the water Act 2002 and was enacted…Yes that is 15 years ago…

And this was its high points

Year 2002
The Water Act 2002 was enacted. The Water Act 2002 provided the legal framework for the implementation of new institutional arrangements based on the following principles:

[ul]
[li]The separation of the Management of Water Resources and[/li][li]The Water Supply and Sewerage provision[/li][/ul]
Key milestones of the reforms saw the establishment and operationalization of all the new key institutions in the Water Sector. These were:

[ul]
[li]The regulator ‚Äď Water Services Regulatory Board (WASREB)[/li][li]The asset holder ‚Äď Water Services Boards (WSBs)[/li][li]The commercialized agents ‚Äď Water Service Providers (WSPs)[/li][li]The manager of the water resources ‚Äď Water Resources Management Authority (WRMA)[/li][li]The Water Services Trust Fund (WSTF)[/li][li]The legal arm for water issues ‚Äď Water Appeals Board (WAB)[/li][/ul]
It was out of the water reforms of 2002 that the Coast Water Services Board was formed.

source http://www.cwsb.go.ke/aboutus/history

After the 2010 constitution…these Water Act 2002 was supposed to be ammended…so that it conforms to the constitution. This has never been done…and that is why you see the minister huko mashinani launching dams and so forth which is supposed to be work of the counties.

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if that’s the case then senators wamelalia maskio. Thanks for the info. Do you work for one of these entities?

On the issue of independence…there are 2 things

one you can only totally independent if you get your funds directly from the consolidated fund…in this case only the Judiciary and Parliament can be said to be funtionally and financially independent from the Executive.

Then there are commisions which though they dont determine their own budgets or draw monies from the consolidated fund i.e they get funds from the exchequer ( but renumeration of commisoners comes from the consolidated fund)…they are supposed to be independent on how they conduct their affairs…their independence comes from protection of the constitution i.e na hizi ni

which states that

249. (2) The commissions and the holders of independent offices‚ÄĒ (a) are subject only to this Constitution and the law; and (b) are independent and not subject to direction or control by any person or authority.

then they are further given immunity in the discharging of their duties

The Constitution also (rightly) grants considerable immunity to Commissioners:

250. (9) A member of a commission, or the holder of an independent office, is not liable for anything done in good faith in the performance of a function of office.

Kenya National Human Rights and Equality Commission
National Land Commission
Independent Electoral and Boundaries Commission
Parliamentary Service Commission
Judicial Service Commission
Commission on Revenue Allocation
Public Service Commission
Salaries and Remuneration Commission
Teachers Service Commission
National Police Service Commission
Ethics and Anti-corruption Commission

Then there are indepenent Offices which are 2

  Office of the Auditor-General
Controller of Budget

then there is also independence given by the act of parliament
National Cohesion Commision
CAJ

if we had a Government/Parliament/Judiciary/Opposition that truly beleived in the implementation of this constitution…then we would have had a very beautiful country…but selfish intrests have watered down the constitution by creating weak laws which have taken away the independence of these bodies…and aslo had we commisioners of high moral standing tungekuwa mbali sana…

These commisions were supposed to be a check on the exceses of the executive by

249. (1) The objects of the commissions and the independent offices are to‚ÄĒ
(a) protect the sovereignty of the people;
(b) secure the observance by all State organs of democratic values and principles; and
(c) promote constitutionalism.

now tell me which commision has even tried…apart from KNHRC and CAJ…na pia JSC kidogo kidogo others are all lapdogs of the executive

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Nope in my field of work it pays to study the law and the contitution of the land au utajipata pabaya

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There’s no come back to that… Ruto no master was ma-sweep.

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someni katiba…thats the only way you can know your rights and what you are entitled to…no matter how much you hate…but you see you cannot hate or like what you have not internalised and understood its implications…and there is no one time kenyans are going to agree 80% and via a referendendum we change vipengele muhimu…so its with us for the next several generations

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Umeongea fact mami…