Behind the tap : an analysis of Kenya’s Water Act 2016

Abstract: The overall aim of this thesis is to analyze Kenya’s 2016 Water Act and to describe the tensions and conflicts that have emerged from the launch and implementation of the Water Act 2016. More specifically the thesis highlights what the Act represents and defines as the major problem(s) with regards to how Kenya’s water resources, supply and services should be managed, developed and regulated. This thesis discusses the tensions and conflicts the Act has spurred in the administration of Kenya’s water sector. In order to address what the Act represents as the primary problem(s) as to how Kenya’s water resources, supply and services should be managed, developed and regulated, the thesis draw on Bacchi’s (2009) What’s the Problem Represented to Be? (WPR) approach. In order to address what tensions and conflicts the Act have generated in Kenya’s water sector, this thesis will draw on the concept of discourse. Drawing on the evidence from the Act and debates surrounding it, this thesis reveals that the Act is about reorganising the whole water sector into a devolved structure to fit Kenya’s new constitution from 2010. The Act describes the transfer of the state organs and their functions and services from the national government to the local governments. The focus on the transfer of state organs to governments has strong implications for the design of the water sector, policy dialogue and efforts to achieve water scarcity in Kenya.