LAUNCH OF THE NATIONAL WATER INTEGRITY STUDY (NWIS)

Transparency International Kenya has just launched the Kenya National Water Integrity Study report today the 7th day of December 2011. In attendance were Managing directors from various water companies, Directors from the Ministry of Water and Irrigation (MWI) and the water services boards, Chair man water appeals board, CEO water service regulatory board, Director water sector reforms, Chair man Transparency International Kenya and the permanent secretary Ministry of Water and Irrigation Mr David Stower who was also the chief guest.

The launch began in earnest at 8:15am with acknowledgement from every speaker on the significance of governance in water service delivery. Other discussions looked at the study methodology, Key findings, recommendations and Way forwards and below is the press release.

Official Launch of the TISDA report

                                                                                                                PRESS RELEASE

                                                   Keep the tap flowing: Strengthen transparency, accountability and participation mechanisms
to improve access to water.
Nairobi, Kenya, 7th December 2011: Equitable water access in Kenya continues to be compromised by lack of integrity and ineffective regulation of water utilities and informal service providers despite key water sector reforms initiated in 2002. The lower income groups bear the greatest burden under the prevailing circumstances. These are among the key findings highlighted by the National Water Supply Integrity Study (NWIS) launched by Transparency International-Kenya today. The report provides an overview of the Kenyan water supply sector in terms of integrity and performance and is based on literature review, discussions with water sector actors and case studies. It targets water sector specialists and key stakeholders involved in policy-making, regulation, water service development and provision in Kenya. The study was undertaken through the Transparency and Integrity in Service Delivery in Africa (TISDA) project between February 2009 and June 2011.

Study Methodology
Six case studies in urban and rural areas inform this report. The urban areas were Kangemi (Nairobi), Migosi (Kisumu), and Old Town (Mombasa) while the rural and small town locations were Kamukunji (Eldoret), Mutego and Kanyoni (Nanyuki). The research methodology is based on a risk map concept which involved an analysis of the performance of the system vis-à-vis integrity and examined the relationships between public officials, regulators, service providers and users in the selected areas.

KEY FINDINGS

Water reforms and regulations: Existing legislation such as the Water Act 2002 initiated an important reform process that has considerably developed the water sector but more remains to be done. Key outstanding aspects of the Water Act that are yet to be concluded include transfer of assets from the municipalities to the Water Boards. The Water Services Regulatory Board (WASREB) lacks sufficient independence and resources to play its crucial role as an independent monitor. An even bigger challenge exists in the form of many users (on average 56% in urban areas) relying on informal water providers including water kiosks, local boreholes, well owners and water vendors. These crucial services are neither regulated nor controlled further alienating lower income segments in the water supply chain.

Inequity: The Constitution of Kenya 2010 and the United Nations General Assembly Declaration of July 2010 state that clean water and sanitation are a human right however 41% of Kenyans lack access to reliable water supply. Unaffordable charges further push the commodity out of reach for the common citizens.

Transparency, accountability and participation: On a positive note, more resources are becoming available for the improvement and expansion of water systems. However, there is limited access to information on cost and technological improvements to enhance efficiency in sector investments. In the formal water supply systems, transparency has increased as the Water Act 2002 clarifies the relationship between different actors although, in some cases, more openness on contracts and decision-making is still required. Recent reported cases of corruption in some water sector institutions have highlighted the need for greater focus on good governance which must be strengthened at all levels, if the full benefits of sector reforms are to be achieved.
Participation, largely determined by access to information by third parties with the option for redress where there are complaints, is relatively limited. Involvement of the civil society in various processes in the sector is improving but is still quite restricted.

RECOMMENDATIONS
TI-Kenya recommends the following priority actions to water sector actors and key stakeholders involved in policy making, regulation and water service development and provision.

• Water Service Providers should adopt an improved pro-poor approach in service provision to overcome the high level of inequity in water services which compromises water access, affordability and quality.
• There is need for elaborate regulation and improved capacity to cover the informal sector to curb, for instance, unlicensed/illegal water vending and consumer exploitation.
• Communication to stakeholders and public consultation as well as access to information particularly for the users should be enhanced. Information on user rights and obligations should be broadly disseminated, for instance, through Water Action Groups which have already been established in some major towns.
• Benchmarking and greater transparency is needed in the development of new water supply services. Publishing quality data on the cost of different projects and systems is a feasible first step.
• Corporate governance in Water Service Providers should be strengthened and their interaction with Water Service Boards and the Water Service Regulatory Board (WASREB) improved. Oversight in the sector needs strengthening while procurement processes, anti-corruption legislation and sanctions should be strictly adhered to.

NEXT STEPS
TI-Kenya has initiated evidence-based advocacy with other actors in the water sector to improve integrity and sector performance. The initial response of different actors has been very positive as seen through collaboration pacts between water providers and users, following TI-Kenya’s intervention. TI-Kenya has facilitated the signing of two service delivery improvement pacts between Old Town Mombasa residents and the Mombasa Water and Sewerage Company (MOWASCO), and Nanyuki residents and the Nanyuki Water and Sewerage Company (NAWASCO).
“We have also facilitated various capacity-building sessions for water institutions and intend to work closely with the Water Sector Reforms Office to implement the above recommendations,”

Dr Leakey giving his speech during the launch

said TI-Kenya Board Chair, Dr Richard Leakey during the launch of the report.

Tiwari of SNV and Jaco of the RNE in attendance

Key actors in the sector must consider collaborative governance involving a diversity of private, public and non-government stakeholders acting together towards commonly agreed goals, and aiming to achieve collective rather than individual goals in attaining water access for all Kenyans. “Improving governance in water services is not just about government systems and capacities; it is about a range of non-state agents and their interaction with the government. It is about engaging civil society and establishing a functioning social contract between the government and its citizens to bring about effective basic services. And it is ultimately about the progressive achievement of agreed rights to water,” said Dr Leakey.

THE TRANSPARENCY INTERNATIONAL WATER GOVERNANCE AWARD for transparency accountability & participation in water service delivery

THE WATER GOVERNANCE AWARD

On 16^th September 2011 Transparency International Kenya introduced a trophy in the water sector. The trophy made its debut during the second edition of the Water Companies Sports Association (WASCA) games and was presented to the WASCA committee. Mombasa Water and Sanitation Company was given a one year custody of the trophy in recognition of the milestones they have made in addressing governance issues  in water service delivery, including signing a development pact with its customers that committed it to jointly achieve certain specific goals. The trophy will be awarded authoritatively during the third edition of the WASCA games in Nakuru after clear and comprehensive benchmarks have been set jointly by the relevant partners.

The WASCA games bring together water service providers from across the country to compete in various sporting disciplines while at the same time play host to a forum for interaction and experience sharing necessary for exchange  of ideas critical for sector improvement. It also presents a platform to strategically anchor messages of great importance to the sector and the nation at large.

This year, the WASCA committee in recognition of the work done by TI-K through the Transparency and Integrity in Service Delivery in Africa (TISDA) project, in the water sector, requested that TI-K be part of the National event.

The WASCA 2011 opening ceremony procession.

Based on experience and interaction with actors in the water sector over a number of years, the invitation offered a strategic opportunity for TI-K to pass a strong message on governance concerns in the sector through the theme “PARTICIPATION AND TEAMWORK FOR GOOD GOVERNANCE IN THE WATER SECTOR” informed by case study reports and the national water integrity study to be launched soon, acknowledging that this would bring about a responsive water service provider and an empowered community.

The message was carried in banners, the WASCA magazine and in the minds of participating water technicians, metre readers, managers, company directors and CEOs, board chairmen, the Permanent Secretary and the assistant Minister Ministry of Water and Irrigation and even spectating consumers.

The TRANSPARENCY INTERNATIONAL WATER GOVERNANCE AWARD reinforces the message of good governance and also ushers in intercompany competition on governance matters with the anticipation that this prestigious award will provide motivation for water service providers to observe the set good governance benchmarks and as a result improve service delivery.

THE WASCA MAGAZINE 2011 ISSUE

A meeting is in the offing with the sole objective to develop the benchmarks that will guide awarding of the water governance trophy. Opinions and suggestions from WASCA, Water Service Providers Association (WASPA) and the Water Service Regulatory Board (WASREB) will guide its formulation. TI-Kenya will offer the overall guidance in development of the benchmarks.

Identification and implementation of incentives that give rise to a strong relationship of accountability between water service providers and users will encourage Transparency, Accountability and Participation in water service delivery. In  turn water utilities will become stronger and robust in their business fundamentals as well as governance, subsequently contributing to the attainment of the right to water, key development goals and poverty reduction.

THE MOMBASA MOU. PACT for Impact

The Mombasa Water and Sewerage Company (MOWASCO), together with the Old Town users  signed a Development PACT formalising an agreement to work together towards improving water service delivery in the region on Friday 20^th May at 11 a.m. The signing of the PACT is a culmination of activities that began with research that generated a report containing various recommendations on the improvement of water services, multi-stakeholder meetings and trainings facilitated by the TISDA team of Transparency International-Kenya (TI-K) with technical support from the Transparency International Secretariat in Berlin, Germany.

The pact was signed by Eng. Moses Kinya, the Managing Director MOWASCO, on behalf of the water service provider,  and M.S Shallo, Eng. Farouk Ali Chiragdin, Aisha Mohamed Nassar, Khadija Kassim, Abbas Ukasha Athman and Sheikha Hafidh  on behalf of the Old Town community and witnessed by the regional  Water Action Group (WAG) chairman Karimgee Mohamed. The Coast Water Services Board Chief Executive Officer Mr Andy Maro Tola also witnessed the occasion and commended TI-K for the good initiative through the TISDA project. He termed  the occasion historic as no water service provider in the country had ever formalised engagement with its users to the level of signing an MOU with them, citing the need for replication of the same to other areas.

The pact acknowledges the important role played by users in water service provision and the need for a collaborative approach in improving service delivery and good governance in the sector.

The event was also witnessed by journalists from various media houses.

SEE THE PACT BELOW

Water Development Pact

Between

 

MOWASCO

 

And

 

OLD TOWN users

Preamble

The Memorandum of Understanding (MoU) is born out of the realisation that long-term sustainable change is best pursued through a collaborative process of working together, in which each stakeholder benefits from the improved circumstance of the others.

This MoU, recognises the difficulties experienced around water provision in Old Town- Mombasa and  aims to unite the efforts of all those affected, to pursue clear and agreed upon actions that have emerged from dialogue between the signatories.

Background

 

The project Transparency and Integrity in Service Delivery in Sub-Saharan Africa (TISDA), carried out by Transparency International, Transparency International-Kenya and other partners in the water sector, has as its main objective the exploration of the integrity of the sector in terms of Transparency, Accountability and Participation. The approach followed in the TISDA project is to strive for collective action based on an open dialogue involving actors in the decision-making process. This requires that stakeholders including citizens understand and exercise their rights and obligations (empowerment).

Transparency International- Kenya conducted a case study in Old Town Mombasa in May 2010. The case study diagnosed the water service provision situation in terms of performance and integrity, looking at both MOWASCO and informal providers.

The case study proposed a number of recommendations in order to improve water service provision and enhance integrity. To validate the findings and discuss recommendations meetings were held with MOWASCO, informal water providers and users between October 2010 and February 2011.

In February 2011 a meeting with all stakeholders involved was held in Mombasa. All parties decided to keep working together to jointly improve the situation and establish a Memorandum of Understanding (MoU) with agreed actions on the key challenges that have already been identified.

 

Vision

 

To have a water supply system that provides reliable drinking water supply to the inhabitants of Old Town where consumers are informed and participate in the decisions directly affecting them.

 

Goals

This MoU express the willingness of MOWASCO andOldTownconsumers inMombasato work together to achieve the following goals:

1. To improve the communication between MOWASCO and users
2. Technicians work together with users to achieve improved reporting systems and billing
3. Community members commit to maintain facilities and actively cooperate with technicians

Roles and responsibilities

Stakeholders signing this agreement will work together to achieve the above mentioned goals through the agreed Plan of Action

Stakeholders signing this MoU commit to report publicly on the actions agreed under their responsibility as defined in the Plan of Action

Impact

While the present MoU is not enforceable by any of the below signatories, it has been developed in a common understanding that only collective action will help to solve commonly experienced problems relating to drinking water supply in Old Town.

 Facilitation and resolution of conflicts

TI Kenya will contribute to the MoU in an external role of facilitator and intermediary to help and encourage different parties in the implementation of actions and in negotiating a resolution of any possible conflicts that may arise from the implementation of the MoU, as well as in the monitoring of the achievements.

Signed on this day ……………………………..2011

 

On behalf of MOWASCO

Name…………………………………………         signature………………………..

 

On behalf of old town users

Name………………………………………..          Signature………………………..

Name………………………………………..          Signature………………………..

Name………………………………………..          Signature………………………..

The Transparency and Integrity in Service Delivery in Africa (TISDA) Milestones: Before and After

The TISDA programme prompted by the vision to improve the quality of life in Sub Saharan Africa, commissioned six case studies in 2010. After successful research and compilation of the reports, validation meetings were held to highlight the findings and the recommendations.

Mombasa is currently the only case study area where all the activities under the implementation stage of the TISDA programme have been under taken. The recommendations highlighted are an initiative of multi stakeholder forums and validation processes that enhanced ownership for the program

The TISDA research team conducted a case study in Old Town, Mombasa in May 2010. The case study diagnosed the water service provision situation in terms of performance and integrity, looking at both the Mombasa Water and Sewerage Company (MOWASCO) and the informal providers (boreholes and push carts vendor). This is their story ….

The Old Town was the first urban centre in Mombasa Island established in the 14^th century. It is a  picturesque tourist destination with ancient houses looking over the Indian Ocean, reminiscent of the era of sultans, art, history and culture. Two decades of neglect, skewed development policies and mismanagement have seen the town’s unreliable water service delivery deteriorate in spite of being surrounded by a natural mass of water. The town is characterised by a perennial shortage of drinking water, an old and dilapidated system, broken pipes frequently causing leakages and cross contamination of the pipe water with effluent from the old sewer system. This confluence of events has led to deteriorated water service provision in the area, and compromised water quality thus causing water borne diseases.

Some of the issues highlighted during the research included the continued lack of water, estimated bills, contaminated water, lack of equity in water supply, vandalism of infrastructure, and lack of responsiveness from the service providers. However, concerted efforts by the residents of the Old Town, MOWASCO and TI-Kenya under the TISDA programme has catalysed a metamorphosis in water service delivery for the residence of the Old town.

 A mile up from Old Town stands MOWASCO, the official water service provider mandated to provide water and sanitation services in Mombasa Island.  MOWASCO explained to the researchers that despite their efforts and capacity to supply piped water to the residents of Old town, the supply is not sufficient and thus water is rationed three days in a  week. Consequently, in order to fill the gaps, majority of the residents have opted to use the salty water boreholes while others are seeking the services from push cart vendors.  This information has been collated, analysed and compiled into a case study report, which has also proposed a number of recommendations to improve water service provision and enhance integrity in terms of Transparency, Accountability and Participation.

The first milestone was achieved in October 2010 when the first meetings were held with MOWASCO, informal water providers and users to validate the findings and recommendations. Most of the challenges faced by all stakeholders were interrelated; problems in the past remained unsolved partly due to lack of communication between actors. The inter-linkage of problems and potential solutions made it necessary to create dialogue among main water stakeholders in order to jointly find solutions in an environment of trust.  Heated as the discussions were, the will and commitment by the residents of Old Town and MOWASCO established a foundation out of the burgeoning relationship; albeit one that would need careful nurturing and support  through consistent communication and engagement.

In February 2011, the TISDA team provided a platform for a multi-stakeholder discussion on the problems affecting the water sector and solutions to these. Local and international experts involved in the TISDA project trained the stakeholders on how anti-corruption initiatives in the water sector can be utilised  to improve performance and service delivery through greater transparency, more diligent disclosure of information and direct accountability mechanisms that enable users to raise their concerns and  demand for better services.

The workshop highlighted concrete tools to fight corruption including business principles for countering bribery, transparent procurement mechanisms, and the use of development pacts to increase trust, accountability practices and to keep the customers informed.  After the workshop, the representatives of the residents of the Old Town, regional Water Action Groups (WAGs), and MOWASCO made a commitment to  work together and drafted a Memorandum of Understanding (MOU) on the key points identified. The climax of the relationship was marked by a football match to foster unity symbolizing a fresh start to a joint initiative towards improving service delivery.  The corporate affairs desk of MOWASCO is now working on ways of using the community football team as ambassadors of the water company to help them penetrate the community and share information.

 MOWASCO has since pursued the recommendation in the TISDA report to advocate and improve customer relations through community engagement. They have held six barazas in Mombasa and in Old Town. The barazas have since been taken up seriously contrary to the previous situation, as minutes are taken and a follow up is made on the agenda of the baraza. Services at the front office have also improved. The metre readers are currently undertaking a training course on customer relations and they are now easily identified as genuine employees of the water company.  A database has been developed to handle complaints filed and follow ups by the customer care desk thus increasing responsiveness.

THE KIBOKO BAY RESOLUTION, KISUMU CASE STUDY 14th to 19th/04/11

TISDA MEETING IN KISUMU

Transparency International Kenya through the TISDA programm has been carrying out water integrity study across the country with seven case studies so far concluded and the reports at various stages of conclusion. Part of the integrity studies involves validation of the findings and carrying out advocacy campaigns to sensitise users to demand quality service from the duty bearers. It is under this guise that Transparency International Kenya visited Kisumu on the 17^th to the 20^th of April, 2011.  And during these visit carried out a number of meetings with the LVSWSB(Lake Victoria South Water Service Board), KIWASCO(The Water Service Provider), The area member of Parliament, and leadership from the local authority as well as the community monitoring group. Key highlight of the mission was the dissemination of 500 brochures in the case study area by the TISDA team.

MISSION OBJECTIVE:-

To Facilitate the organization of Water Sector stakeholders’ integrity audit forums (bringing together users, oversight and service providers) to make recommendations on improving service delivery as well as integrity in the water sector.

 Holding discussions with the board on the progress and challenges on the recommendations of the report to be prioritized for implementation. Also discussing challenges faced during dissemination of information to the KIWASCO and Migosi community and devise a way forward .

Output….. KIBOKO BAY RESOLUTIONS

Involve user associations through the water action groups (WAG)in the monitoring of water  supply and asset development and coordination of urban planning to address issues of structures on sewer lines.

 

KIWASCO to hold quarterly meetings as an appraisal tool to strengthen its reporting system and users to facilitate KIWASCO forums in Migosi.

Certified kiosks vendors to regulate pushcart vendors to ensure access to clean and affordable water, water vendors to also set up an association to effectively manage their operations.

Registration, licensing and count of boreholes and wells through consultative meetings between well owners WRMA and public health.

Tripartite agreement and establishment of an oversight body to look in to implementation of the recommendations.

TI-K to facilitate the reform process and provide regular updates on progress and achievements.

Devolve the KIWASCO complaints desk to their areas of jurisdiction, strengthen the capacity of KIWASCO to set up a proper complaints mechanism and WAG’s to assist with complaints monitoring,

TISDA PICTURES

Women washing clothes in a natural spring in Eldoret Kamukunji

In your opinion, what should be done to remedy the situation in the picture?

 leave your comments.

Rein in errant landlords curtailing right to water

By Phillip Odwuor Odete

Water Governance

It is not in question that water is a basic need in Kenya. The promulgation of the new Constitution on the 27^th August, 2010 marked a defining moment in the history of this country. Kenyans had for decades struggled for the birth of the second republic, and with this birth came the right to water.  Article 43(1) (d) states that every person has the right to clean and safe water in adequate quantities while Article 43(1) (b) provides for the right to accessible and adequate housing, and to reasonable standards of sanitation. With these rights well stipulated, no individual or entity should seize the power to arbitrarily control the price of or access to this source of life.

 

The situation on the ground is however shocking; many families especially in the informal settlements such as  Kangemi in Nairobi, suffer acute water shortages because some landlords have illegally continued to control access as well as the cost of water without approval from the water service provider or the regulator. Such landlords determine when their tenants get water, how much water they get and how much money they pay for the water. This they have made certain by locking the yard taps which are the main source of water for their tenants.

 

This illegal act by the landlords, coupled with other factors like poor governance practices in the water service sector, lack of water as a result of climate change and poor water resource management, has left the poor tenants at the mercy of greedy landlords whose main goal is to make maximum profit at minimal costs.

 

In a survey conducted by Transparency International–Kenya under the ‘Transparency in Service Delivery in Africa’ (TISDA) project, an illegal trend emerging in water management at the informal settlements was exposed. The survey established that the cartels in these settlements implement their own selfish rules, which are not in accordance to the rule of law.

 

In Nairobi’s Kangemi estate, up to 97% of the household respondents indicated that they paid for water services through their landlords. Majority mentioned that they paid an additional cost of between Kshs 500 and 1000 on top of their rent to cater for water services. The houses in Kangemi are clustered together in small plots of land, each with about 17 households with an average of five people per household. Normally, there is only one yard tap that serves the entire plot of 85 people with clean water. This single source of clean water is nonetheless controlled by the landlord who maintains a padlock on the yard tap to restrict access. This continues to happen despite the fact that tenants pay a monthly sum that is supposed to guarantee sufficient and constant water supply throughout the month.

 

The respondents indicated that most places in Kangemi receive constant water supply for three days in a week from the Nairobi Water and Sewerage Company. The situation is however different on the ground as tenants receive water once a week, and in certain areas, they go without water for two or more weeks. The supply is restricted not because water is not available, but because the taps are locked by the landlords, with the aim of reducing consumption which will make them pay lower water bills.

 

The survey further highlights that, an average consumption per household is 78.7 liters per day, translating to 2.4m³ per month, which according to the water service provider should cost about Kshs 45. With the additional cost of Kshs 500 to 1000 that the tenants pay for water services, a landlord makes a profit of at least Kshs 455 per household, which when multiplied by 17 households in a single plot amounts to Kshs 7,735 per month, tax free. The amount could be higher considering the taps are us usually opened once a week or after two weeks in extreme cases.  

 

Many residents in Kangemi live on less than a dollar (Kshs 80) a day, yet they pay more for water than their counterparts who live in well-off residential areas in Nairobi. Sadly, avenues to address the challenges of water access and cost, faced by the poor and vulnerable groups (women and children) in these informal settlements are either limited or not available.   

Landlords such as those in Kangemi have continued to ignore provisions in the Rent Restriction Act; for instance section 23(1) of the act prohibits landlords or their agents from directly or indirectly depriving their tenants from accessing water. The act is not sufficiently punitive to law breakers and only provides a light punishment – a fine of not more than Kshs 6,000 or not more than six months imprisonment, or both.  Section 31 of the Water Act provides guidelines for the pricing of water but many landlords have completely ignored the law and have unilaterally gone ahead to set high prices for their tenants.

 

Article 56(e) of the Constitution mandates the State to put in place affirmative action programmes designed to ensure that minority and marginalised groups have reasonable access to water, health services and infrastructure. The Kenyan laws prohibit water restriction and overpricing, however, the culture of impunity has pervaded Kenyan society thus the poor have continued to suffer even in accessing basic needs in life. Concerted advocacy and enforcement measures by members of the public, non-state actors and the government is paramount in ensuring that most Kenyans progressively enjoy their constitutional right to clean, safe and adequate water.

 

The writer is a research assistant, TISDA Project, TI-Kenya