Senate backs counties’ bid to disband water agencies

Senators and governors have joined hands in pushing for the disbandment of two water sector regulators, accusing the agencies of hindering the smooth running of water companies in the counties.

The leaders want the Water Services Regulatory Board (Wasreb) and Water Resources Authority (WRA) done away with, saying, having them continue operating is akin to undermining county governments as water is a devolved function.

The latest development follows complaints by governors of frustration at the hands of the regulatory bodies, particularly Wasreb, in their efforts to turn around operations of water companies in the 47 counties.

Governors have accused Wasreb of delays in approving requests for water tariffs review, a move that has forced county water firms to use outdated tariffs resulting in lower revenues.

This has left most of the water companies technically insolvent as they grapple with low revenues, operating losses and negative working capital.

Wasreb has also been accused of frustrating efforts to merge water companies for efficient service delivery.

Nyeri Governor Mutahi Kahiga, addressing members of the Senate County Public Investments and Special Funds committee yesterday, revealed how Wasreb has frustrated efforts by Tetu-Aberdare Water and Sanitation Company to review its tariffs, which expired in 2014.

Making losses

He told the committee that is chaired by Vihiga Senator Godfrey Osotsi that the firm has been writing to the regulator since 2016 with little success.

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

“If, indeed, devolution is to succeed, Wasreb must stop controlling water tariffs. Water service providers are not profit-making entities but have a service to render,” he added.

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

Mr Osotsi lamented that, even after the board of directors at the water companies and the county governments have approved tariff changes, Wasreb still dilly dallies green-lighting such reviews.

“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?” Mr Osotsi posed.

Frustrating counties

Wasreb is charged with setting rules and enforcing standards that guide the water sector, while WRA is mandated, on behalf of the national government, with safeguarding the right to clean water by ensuring proper regulation of water resources.

The complaints by Mr Kahiga came hot on the heels of concerns raised by Kajiado Governor Joseph Ole Lenku while appearing before the same committee last week.

“It is not right for water regulators to be allocated more resources than counties. We will stand together with the Senate to support devolution,” he said.

Migori Senator Eddy Oketch called for the disbandment of Wasreb, accusing the agency of holding county water firms to ransom.

“We don’t need this monster called Wasreb as it is holding water firms hostage. We must do away with water regulatory authorities that are clawing back on devolution gains,” said Mr Oketch.

Elgeyo Marakwet Senator William Kisang’ said senators must read the riot act to Wasreb for frustrating counties.

“The Water Act 2011 did a lot of damage. The law was passed by the National Assembly to protect the water authorities and it is now coming back to bite us,” said nominated Senator Peris Tobiko.

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