CONCERN WORLDWIDE (LOGO) ARID AND SEMI ARID LANDS (ASALS) WATER SECTOR INSTITUTIONAL ANALYSIS IN MARSABIT COUNTY, KENYA. By Alois Muthini David (Lead), Assisted by Prof. Munguti Katui Katua (Associate) February 2013 ACKNOWLEDGEMENTS Special acknowledgements go to Simon Rukwaro for his input in field coordination and sanitation aspects of the study, Upande Limited for support in digital mapping, Victor Odero of Concern Worldwide for his backstopping support, and the staff of Water and Livelihoods Network for their various inputs. ii FOREWORD The Arid and Semi Arid Lands (ASALs) make up more than 40% of the earth’s surface and are home to 35% of its population1. In Kenya, the ASALs occupy 89% of the country and are home to about 14 million people and approximately 70% of the national livestock herd. The defining feature of the ASALs is their aridity. Annual rainfall in arid areas ranges between 150mm and 550mm per year, and in semi-arid areas between 550mm and 850mm per year. Temperatures in arid areas are high throughout the year, with high rates of evapo-transpiration. The primary policy challenge is how to ensure food and nutrition security in a sustainable manner in environments that are prone to drought, where people’s access to and control over critical livelihood resources such as land is insecure, and where unpredictability is set to increase as climate change takes hold. Turkana, Marsabit and Mandera are the three places with the highest levels of poverty in the country2. Population density ranges from 1 or 2 people per km2 in parts of Turkana and Marsabit to 358 people per km2 in parts of Kilifi3. Population growth rates in the ASALs are generally higher than in other parts of the country. This is partly the result of in-migration, and partly because fertility rates are falling faster elsewhere in Kenya. ASALs however, have great potential, with several factors which make the region strategic. Some of these factors are strategic location, making it well positioned to tap surplus capital from the gulf, one of the fastest developing areas in the world. It is also the bridgehead to a regional economy both as a market and access way for materials. Another factor is Tourism, with ASALs home to more than 90% of wild game that sustains the tourist industry, and containing most of the protected areas such as game reserves and national parks. ASALs have huge potential for natural wealth, including the enormous potential in renewable energy, as well as other sources of wealth like gravel, sand, soda ash, gum, resins, gemstones, medicinal plants, and now, oil and gas. Significant amounts of seasonal water run-off are currently lost but could be harnessed for domestic and productive use. ASALs have huge potential for irrigated agriculture and dryland farming, and host about 70% of national livestock of an estimated worth of 70 billion. As populations increase, urbanize and become richer, they demand more meat and other livestock products. Kenya is a meat-deficit country4. This study sought to analyze the water sector set-up in ASALs using the case of Marsabit County, since water will be one of the major drivers to unlock the potential in ASALs. ASALs have huge potential in livestock production and farming that can be unlocked through adequate water supply. Michael Mortimore, 2009. ‘Dryland Opportunities: A New Paradigm for People, Ecosystems and Development’ 2 Republic of Kenya, 2007. ‘Kenya Integrated Household Budget Survey, 2005-06’ 3 Republic of Kenya, District Development Reports, 2002-2008 1 4 Republic Of Kenya, 2011. ‘Vision 2030 Development Strategy for Northern Kenya and other Arid Lands’ iii EXECUTIVE SUMMARY Marsabit County, is the second largest county in Kenya after Turkana covering a total surface area of 69,430 km². The County is classified as 100% Arid and Semi-Arid Land (ASAL) zone and has an estimated population of 291, 166 people and over 1.1 million livestock heads of different species as per the 2009 census. Physical conditions of Marsabit differ widely, with some areas showing high agricultural potential able to sustain crops like Maize and Khat, to the difficult expanses of the Chalbi desert. Marsabit also has some special ecosystems like Mt. Marsabit and Lake Paradise – a crater lake. A lot of work has been done in the County in regards to investments in water, mainly by Non State Actors who have developed a large number of water points. 71% of water points have been developed or last rehabilitated by Non State Actors. However from this study, given the geographical expansion of the area as well as its potential, these water points, whereas they have eased domestic water needs, may not be the most strategic for livestock development farming. The only major infrastructure of huge magnitude in water is Badasa dam which is ongoing but is still far from completion. Marsabit County does not have a fully fledged Water Service Provider with a Service Provision Agreement (SPA) although Marsabit town and Moyale among others do have some town supply systems. The Water Service Board which serves this area – Northern Water Services Board, has its headquarters in Garissa and cannot logistically provide lots of support to Marsabit. In Marsabit County, the local presences of nationally associated Institutions in Water were a WARMA Office, and District Water Offices. During the course of this study it was not possible to determine sewerage coverage. Sanitation coverage is however quite low, with some districts like Chalbi having a coverage of about 12%. Not surprisingly the hygiene conditions of mapped water points were poor, and of the 47 water points tested for bacteriological contamination, 66% were found to have varying levels of contamination. More worryingly, of the 9 sampled tested at Kenya Water Institute (KEWI), 8 of them were found unsuitable for drinking before treatment because of various chemical components. The remaining one, although fairly well balanced chemically, had levels of turbidity which were beyond permissible levels. Functionality rates were significantly high in the mapped points, over 70% of sampled water points (piped and point) were found to be functional. Most mapped point sources were found to be improved (63%) with all the piped schemes mapped (29) considered as improved. This points at the tremendous work that has been done especially by Non State Actors and communities in making water, at least for domestic use, available in the area. However, in order to unlock the potential of the area, it would be important for Non State Actors and the Government, since they have the muscle, to invest in piped schemes as opposed to point schemes. Viable technologies for pumping like solar and wind power can be explored. iv Some of the most serious issues identified in the study include addressing the water quality in the area, which can be done through simple methods like household treatment, sanitation education and improvement in sanitation coverage; to use of more complex methods like reverse osmosis. Quality surveillance and related response has to become routinized through the County Government, Ministry of Public Health and Sanitation, Ministry of Water and Non State Actors. This study attempted to map as comprehensively as possible the water points in Marsabit County, and a digital map has been developed and can be accessed online. Marsabit County is one of the few Counties in the Country whose network coverage is extremely poor, making it impossible to transmit all the data collected to the digital system (mapping data was collected using smart phones). This data presented here however, provides a comprehensive enough picture of the water scenario in Marsabit County, and is a sound baseline which can be updated in various ways. This data should be managed in such a way that it can be regularly updated as functionality statuses change, or as new points come up or dry up. v TABLE OF CONTENTS ACKNOWLEDGEMENTS .......................................................................................................................... ii FOREWORD ............................................................................................................................................... iii EXECUTIVE SUMMARY ......................................................................................................................... iv TABLE OF CONTENTS ............................................................................................................................. vi LIST OF ACRONYMS ............................................................................................................................. viii 1.0 BACKGROUND .................................................................................................................................... 1 1.1 THE RIGHT TO WATER: THE GLOBAL CONTEXT ................................................................... 1 1.2 THE RIGHT TO WATER: THE KENYA CONTEXT ...................................................................... 2 1.3 GOVERNANCE OF WATER RESOURCES IN ASALS ................................................................. 3 2.0 INTRODUCTION .................................................................................................................................. 5 2.1 AREA OF THE STUDY: MARSABIT .............................................................................................. 5 2.2 PURPOSE OF THE STUDY: ............................................................................................................. 5 2.2.1 Objectives of the study ................................................................................................................. 5 3.0 METHODOLOGY ................................................................................................................................. 7 3.1. WATER POINT MAPPING .............................................................................................................. 7 3.2. WATER QUALITY TESTING ......................................................................................................... 8 3.2.1 Sampling ...................................................................................................................................... 8 3.2.2 Sampling techniques for bacteriological tests .............................................................................. 8 3.2.3 Microbiological analyses ............................................................................................................. 8 3.2.4 Chemical analysis ........................................................................................................................ 9 3.3 QUALITATIVE METHODS ............................................................................................................. 9 4.0 FINDINGS ............................................................................................................................................ 10 4.1 WATER SECTOR INSTITUTIONAL SET-UP .............................................................................. 10 4.1.1 THE POLICY SET-UP AT NATIONAL LEVEL .................................................................... 10 4.1.2 WATER SECTOR REFORMS ................................................................................................. 10 4.1.3 Water Act 2002 .......................................................................................................................... 10 4.1.4 Importance of Water Sector Reforms ........................................................................................ 10 4.1.5 Water Sector Reforms implications ........................................................................................... 10 4.1.6 Constitutional provisions on water in Constitution 2010 ........................................................... 11 4.2 WATER SECTOR INSTITUTIONS ................................................................................................ 11 4.2.1 Water Services Trust Fund (WSTF) .......................................................................................... 11 4.2.2 Water Resource Management Authority (WRMA) ................................................................... 12 4.2.3 Water Services Regulatory Board (WASREB).......................................................................... 12 4.2.4 Water Services Boards (WSBs) ................................................................................................. 13 4.2.5 Water Service Providers (WSPs) ............................................................................................... 13 4.2.6 Water Appeals Board ................................................................................................................. 14 4.2.7 Water Users Roles and Responsibilities .................................................................................... 14 4.2.8 National Water Conservation & Pipeline Corporation (NWCPC)............................................. 14 4. 3 THE INSTITUTIONAL SET-UP IN MARSABIT ......................................................................... 15 4.4 . FUNCTIONALITY ........................................................................................................................ 21 4.5. WATER ACCESS ........................................................................................................................... 26 vi 4.6. GOVERNANCE, MANAGEMENT AND SUSTAINABILITY .................................................... 31 4.7. SUITABILITY (QUALITY) ........................................................................................................... 38 4.7.1 Results ........................................................................................................................................ 39 4.7.2 Discussions of the results ........................................................................................................... 41 4.7.2.1 Microbiological Water Quality ........................................................................................... 41 4.7.2.2 Chemical Tests .................................................................................................................... 42 4.7.5 Comments on the results ............................................................................................................ 42 5. 0 CONCLUSIONS.................................................................................................................................. 43 6.0 ADVOCACY AND INTERVENTIONS RECOMMENDATIONS .................................................... 45 7. 0 REFERENCES .................................................................................................................................... 48 8.0 ANNEXES .............................................................................................................................................. x 8.1 Marsabit water points map .................................................................. Error! Bookmark not defined. 8.2 Sample of the chemical analysis: Results ........................................................................................... x 8.3 Questionnaires..................................................................................................................................... x 8.4 List of water points mapped ................................................................................................................ x vii LIST OF ACRONYMS AGMs: ASALs: AWSB: CIFA: CLTS: CPC: CRS: CWSB: DPHO: DWOs: FGDs: FH: GPS: HRBA: JICA: KEBS: KEWI: M3 : MGDs: NEMA: NGOs: NSAs: NWCPC: NWSB: NWSS: OP: PACIDA: PISP: SPA: TWSB: UN: UPC: WAB: WAGs: WARMA: WASREB: WHO: WRUAs: WSBs: Annual General Meetings Arid and Semi Arid Lands Athi Water Services Board Community Initiative Facilitation and Assistance Community Led Total Sanitation Community Planning Cycle Catholic Relief Services Coast Water Services Board District Public Health Officer District Water Officers Focus Group Discussions Food for the Hungry Geographical Positioning System Human Rights Based Approach Japan International Cooperation Agency Kenya Bureau of Standards Kenya Water Institute Meters Cubed Millennium Development Goals National Environmental Management Authority Non Governmental Organizations Non State Actors National Water Conservation and Pipeline Company Northern Water Services Board National Water Services Strategy Office of the President Pastoralist Community Initiative and Development Assistance Pastoralist Integrated Support Program Service Provision Agreement Tana Water Services Board United Nations Urban Planning Cycle Water Appeals Board Water Action Groups Water Resources Management Authority Water Services Regulatory Board World Health Organization Water Resource Users Association Water Service Boards viii WSIs: WSP: WSPs: WSSD: WSTF: WUAs: WWDBs: WWGs: Water Sector Institutions Water and Sanitation Program Water Service Providers World Summit on Sustainable Development Water Services Trust Fund Water Users Associations Water Works Development Boards Water Working Groups ix 1.0 BACKGROUND 1.1 THE RIGHT TO WATER: THE GLOBAL CONTEXT The right to water contains both freedoms and entitlements. The freedoms include the right to maintain access to existing water supplies necessary for the right to water, and the right to be free from interference, such as the right to be free from arbitrary disconnections or contamination of water supplies. By contrast, the entitlements include the right to a system of water supply and management that provides equality of opportunity for people to enjoy the right to water5. The elements of the right to water are that it must be adequate for human dignity, life and health. The adequacy of water should not be interpreted narrowly, by mere reference to volumetric quantities and technologies. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner of the realization of the right to water must also be sustainable, ensuring that the right can be realized for present and future generations 6. While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances: (a) Availability. The water supply for each person must be sufficient and continuous for personal and domestic uses7. These uses ordinarily include drinking, personal sanitation, washing of clothes, food preparation, personal and household hygiene. The quantity of water available for each person should correspond to World Health Organization (WHO) guidelines 8. Some individuals and groups may also require additional water due to health, climate, and work conditions; (b) Quality. The water required for each personal or domestic use must be safe, therefore free from micro-organisms, chemical substances and radiological hazards that constitute a threat 5 UN, 2003. ‘Committee on Economic, Social and Cultural Rights, General Comment 15, The right to water (Twenty-ninth session, 2003), U.N. Doc. E/C.12/2002/11 (2002), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 105 (2003) 6 See General Comment 15 above. 7 “Continuous” means that the regularity of the water supply is sufficient for personal and domestic uses. 8 J. Bartram and G. Howard, “Domestic water quantity, service level and health: what should be the goal for water and health sectors”, WHO, 2002. See also P.H. Gleick, (1996) “Basic water requirements for human activities: meeting basic needs”, Water International, 21, pp. 83-92. 1 to a person’s health9. Furthermore, water should be of an acceptable colour, odour and taste for each personal or domestic use; (c) Accessibility. Water and water facilities and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: i) Physical accessibility: water, and adequate water facilities and services, must be within safe physical reach for all sections of the population. Sufficient, safe and acceptable water must be accessible within, or in the immediate vicinity, of each household, educational institution and workplace. All water facilities and services must be of sufficient quality, culturally appropriate and sensitive to gender, lifecycle and privacy requirements. Physical security should not be threatened during access to water facilities and services; ii) Economic accessibility: Water, and water facilities and services, must be affordable for all. The direct and indirect costs and charges associated with securing water must be affordable, and must not compromise or threaten the realization of other Covenant rights; iii)Non-discrimination: Water and water facilities and services must be accessible to all, including the most vulnerable or marginalized sections of the population, in law and in fact, without discrimination on any of the prohibited grounds; and iv) Information accessibility: accessibility includes the right to seek, receive and impart information concerning water issues10. 1.2 THE RIGHT TO WATER: THE KENYA CONTEXT Water sector reforms led by the Ministry of Water and Irrigation since the Water Act of 2002 was passed have progressively addressed the human right to water and sanitation. More explicitly, the National Water Services Strategy (NWSS) 2007 and the Pro-Poor Implementation Plan (PPIP) 2008 embrace the human rights approaches in the provision of water services, calling for citizen participation and empowerment. A special publication of Human right to 9 The Committee refers States parties to WHO, Guidelines for drinking-water quality, 2nd edition, vols. 1-3 (Geneva, 1993) that are “intended to be used as a basis for the development of national standards that, if properly implemented, will ensure the safety of drinking water supplies through the elimination of, or reduction to a minimum concentration, of constituents of water that are known to be hazardous to health.” 10 See General Comment 15 above. 2 Water in Kenya was adopted by the Ministry in 2007. In 2010, Kenya signed into law a new constitution enshrining the right to clean and safe water in adequate quantities for each person along with the right to sanitation in The Bill of Rights, Chapter 6. The domestication of this law underlines the commitment to scale up efforts to provide safe, clean, accessible and affordable water and sanitation for all11. International human rights treaties and conventions consider access to water and sanitation as a human right. The right to water is defined by the UN as the right to equal and non-discriminatory access to sufficient amount of safe drinking water for personal and domestic uses - drinking, personal sanitation, washing of clothes, food preparation and personal and household hygiene to sustain life and health12. Under HRBA, everyone is entitled to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic use. HRBA to water and sanitation also demands accountability of governments, the international community and the private sector, requiring information sharing and genuine participation in decision-making by the most vulnerable and marginalized individuals, who have been historically discriminated against or neglected such as residents of informal settlements and the poor rural communities. A very explicit ambition with the water reforms is to put in place and implement clear structures of accountability as well as openness and transparency and participatory approaches. While this is recognized it is clear that reform implementation will require intensification of capacity development, awareness raising and methodology development/application, particularly at local level and the roles and responsibilities of local actors as well as the individual consumers/citizens. In developing such a mechanism it is critical to combine it with raising awareness of right-holders specifically consumers, of their rights and responsibilities and lobby to the responsible Water Services Providers, the respective Water Services Board and the National Regulator on consumers’ views. 1.3 GOVERNANCE OF WATER RESOURCES IN ASALS In the ASALs, water is limited both in terms of quality and quantity. Long periods of scarcity of water imply that the communities have evolved mechanisms of managing the little water that is available so as to provide for their needs. The pastoralists apply rules, regulations and penalties 11 See General Comment 15 above UN, 2003. ‘Committee on Economic, Social and Cultural Rights, General Comment 15, The right to water (Twenty-ninth session, 2003), U.N. Doc. E/C.12/2002/11 (2002), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 105 (2003) 12 3 as one way to achieve sustainable water management in the midst of scarcity. Access to water is controlled by group membership so that unauthorized use may be met with persuasion, force or legal action. Non-members are only allowed access after making substantial payments or agreements. According to a WSP publication, traditionally, the clan had structures that provided the basic framework for accessing water and other natural resources. Access was clearly understood to be part of reciprocal agreements, where the digging, use and maintenance of wells were governed by an elaborate system of customary rules. The traditional systems combined a degree of private and communal well digging, use and maintenance. Most clans regulated the ownership of resources in relation to the clan’s ability to claim and maintain effective occupation. Common practice was that large dams and wells were not owned by any group and had no permanent rules that regulated their use. But clans or communities owned and regulated access and use of small dams, pans and shallow wells. Relatively, and in some cases for good reasons, the water points are few. Nevertheless, the total number of water points varies with seasons, so is the distances covered to access water. Few boreholes exist, mainly funded by the Government and development partners in programmes like Arid Lands Resource Management Programme-OP/WorldBank in the ASALs. The government handed over the boreholes to the community with little orientation on how to manage them, borehole management became a problem because the communities were not used to managing such modern watering points with its associated technologies. Consequently, with interventions, Water User Associations (WUAs) were introduced. The WUAs were made up of livestock owners from the various households and villages. Members of the Association were meant to discuss and generate rules and regulations to govern access and use of available water, especially from the borehole. The Water Users Association and Borehole Committees were to manage, while being guided by clear rules and regulations on the management and use of watering points. However, there is a close association between resource-based conflict and power, in that conflict results when there is scarcity of resources and one individual gains without proper governance, people will use unorthodox means to access water for their livestock. This is likely to cause conflicts and also bring to surface weaknesses like lack of governing and management systems for water. For marginalized groups, especially among pastoral communities seeking to redress injustices or inequalities in water resource distribution, conflict becomes an inherent feature of their struggle for survival. 4 2.0 INTRODUCTION 2.1 AREA OF THE STUDY: MARSABIT Marsabit County is situated in the upper part of the former Eastern province of Kenya. It is the second largest county in Kenya after Turkana covering a total surface area of 69,430 km². It borders Ethiopia to the North and North East, Wajir County to the East, Isiolo County to the South East, Samburu County to the South and South West and Lake Turkana to the West and North West. Marsabit County is divided into seven districts namely Chalbi (Marsabit North), North Horr, Laisamis (Marsabit south), Marsabit central, Sololo and Moyale. The County has an estimated population of 291, 166 people and over 1.1 million livestock heads of different species as per the 2009 census. The county is classified as 100% Arid and Semi-Arid Land (ASAL) zone which experience cycles of drought and famine year after year diminishing the community source of livelihood. The topography of the County is extensive plain lying between 300m and 900m above sea level. The west and north plains are bordered by hills and mountain ranges. Temperatures range from a minimum of 10.1°C to a maximum of 30.2°C, with an annual average of 20.1°C. Rainfall ranges between 200mm and 1,000mm per annum. Most rainfall (rainy season) is seen in March, April and May with dry periods in June, July, August and September. 2.2 PURPOSE OF THE STUDY: Concern Worldwide, has been implementing various humanitarian interventions in various parts of the Country including in Marsabit. In their experience, they have come to the realization that it is very difficult to engage people in Arid and Semi Arid Areas (ASALs) without addressing their water problems. Concern Worldwide therefore has been looking at developing interventions around water, with a strategy to guide their approach and investments. However, it was necessary to carry out a water study to get a clear picture of the water situation on the ground, which could lead to needs based and evidenced based advocacy and interventions in water. Countrywide, reliable information on rural water is scanty and no comprehensive analysis of the situation has ever been undertaken, completed and published in regards to this (Impact Report). 2.2.1 Objectives of the study The following we the objectives of the study: To map water points in Marsabit and their functionality with the view of producing a County water map; 5 To carry out water quality tests in sampled water points to get a picture of suitability for use by human beings; To analyze the water sector set-up to guide advocacy in Water in ASALs Through the mapping, it is possible to get a reasonably good picture of the water situation and coverage in Marsabit County. This should be helpful in two ways. One, it will guide a more coordinated investment in water in areas of greater need and two, it will serve as data based platform to push for increased resource allocation in water in certain areas. The study further gives concrete recommendations to guide the County advocacy agenda on water and natural resources management. 6 3.0 METHODOLOGY The study was divided into three components: One, desk review and discussions with the client Two identification of research team, training them and undertaking data collection Three, data analysis, determination of the water set-up and development of digital virtual maps. Both qualitative and quantitative methodologies were used in this study. The methods used were categorized into three: 1) Water point mapping 2) Water quality sampling and testing 3) Qualitative research through key informant interviews and focus group discussions 3.1. WATER POINT MAPPING Water point functionality mapping was done using a set of questionnaires for rural water points and piped water points. The questionnaires were aligned to the ones used for mapping through Water Services Boards (WSBs) for standardization purposes. Most data collection was done digitally through android enabled mobile phones integrated to a central data management system for real-time capturing and submission. Questionnaires were coded though Concern Wordwide’s mobile research system, and uploaded as an application unto the phones. This system was designed to enable data entry, capturing of a digital photo of each water point and capturing of GPS coordinates. GPS garmins were also used as back-up to pick GPS coordinates because of problems with network connectivity in Marsabit. Data collection was done with the support of 8 locally recruited research assistants divided into four teams to cover the seven districts in Marsabit County: i) North Horr district, ii) Laisamis (Marsabit South) district and Loiyangalani district, iii) Marsabit(Marsabit Central) district and Chalbi (Marsabit North) district, iv) Moyale district and Sololo district. 7 3.2. WATER QUALITY TESTING 3.2.1 Sampling A portable water quality testing kit ‘Paqualab 50’ was used to determine the bacteriological status of the water from sampled water points. This test kit enabled water quality to be tested in line with the World Health Organization (WHO) standards). Sterile conditions were obtained prior to sampling by use of an autoclave and during sampling by using flaming techniques around water outlet points. Sample bottles were either rinsed three times with source water before collecting the sample or rinsed with 70% methanol to minimize the risk of external contamination. For water points installed with taps, the water outlet was flame sterilized using cotton wool soaked in 70% methanol for 20–30 seconds. Water was pumped out to waste for 3060 seconds to discharge water that had stood for a period in the service pipe if not found in use. The sample bottle was then rinsed and the sample drawn. For the open wells and earth pans/dams, the sample bottle was held by a bottle holder then plunged into the well to a depth of 0.3m below the water level to draw the sample. Microbiological analysis was carried out in-situ so that the microbiological parameters would not change with time. 3.2.2 Sampling techniques for bacteriological tests Sampling was done at the end of the mapping exercise, and was done randomly, but in proportion to the total number of points mapped in each area. Below is the breakdown of sampled points: Area Number sampled Moyale/ Sololo 13 North Horr 16 Laisamis/ Loyangalani 12 Marsabit / Chalbi 6 3.2.3 Microbiological analyses The numbers of faecal coliforms were determined using membrane filtration technique. 10ml of sample was put in the sterilized filter apparatus and diluted to 100ml using distilled water. This measured volume of water (100ml) was filtered through a filter membrane using a suction pump. Bacteria were retained on the membrane and into a petri-dish flooded with Lauryl Sulphate Broth incubated, after a recover period of one hour, 44°C for faecal coliforms for 24 hours. If 8 present, bacteria grew into visible colonies that were counted manually. Each test was done using the same procedure for consistency and the results were converted to represent a count per 100ml. To ensure sterile conditions, Petri dishes, medium and forceps were autoclaved (sterilized). After each sample collection, the filtration unit was flame sterilized using 70% methanol. 3.2.4 Chemical analysis Following field discussions, it was realized that there were some water points that could have suspect chemical composition. By use of purposive sampling method, nine water points were sampled (5lts per sample) and sent to Nairobi for full chemical analysis. Chemical analysis was conducted at Kenya Water Institute (KEWI). 3.3 QUALITATIVE METHODS Focus Group Discussions were conducted among citizens in all the four study areas to get contributions on Citizen Participation, citizen involvement and citizen awareness of issues around water, among others. These FGDs were conducted on groups ranging from 5 – 15 people. A total of 10 FGDs were conducted, with 8 being mixed gender groups and 2 women groups. Key informant interviews / discussions were also conducted, and these interviews sought to engage various opinion authorities on their understanding of the realities and plans for Marsabit County. Among the Institutions engaged were: Water Resources Management Authority (WARMA) Ministry of Public Health and Sanitation Food for the Hungry District Water Officers PISP CIFA JICA Ministry of Water and Irrigation Water Services Trust Fund 9 4.0 FINDINGS 4.1 WATER SECTOR INSTITUTIONAL SET-UP 4.1.1 THE POLICY SET-UP AT NATIONAL LEVEL A water policy was developed in 1999 to guide the water sector in Kenya. This is what laid the ground for subsequent water sector reforms that were rolled out from 2002 after the Water Act was passed. 4.1.2 WATER SECTOR REFORMS In 2002 the Water Sector Reforms momentum in Kenya culminated in the enactment of the Water Act 2002 which was gazetted in October 2002. The Act introduced new water management institutions to govern water and sanitation issues in Kenya. With the enactment of the Water Act and subsequent water sector reforms, the Kenya government committed itself to adopting a Human Rights Based Approach (HRBA) in the sector as expounded in the National Water Services Strategy (NWSS). More reforms are expected once the new water policy and new water bill are enacted hopefully in 2013. The National Land Commission Policy, which has lots of interlinkages with the water sector, has already been enacted. 4.1.3 Water Act 2002 The Water Act 2002 provides the framework for water sector reforms. The reforms revolve around the following four themes: Separation of the management of water resources from the provision of water services. Separation of policy making from day to day administration and regulation. Decentralization of functions to lower level state organs Involvement of non-government entities in the management of water resources and in the provision of water services. 4.1.4 Importance of Water Sector Reforms The long-term intention of these water reforms is to contribute to poverty reduction in the country, particularly in the rural and urban poor areas, through the establishment and development of a well managed and sustainable water sector. 4.1.5 Water Sector Reforms implications The Government of Kenya is committed to water and sanitation governance as demonstrated by the following public documents: Water Act 2002. National Water Services Strategy. National Water Resources Management Strategy. Water Services Regulatory Board Tariff Guidelines and Models. 10 Pro-poor Implementation Plan for Water Supply and Sanitation. Water sector reforms are intended to: Enhance water resource management. Increase efficiency in water and sanitation services provision. Improve customer care and increase customer satisfaction. Increase development and investment. Improve professionalism in the sector. 4.1.6 Constitutional provisions on water in Constitution 2010 The Constitution provides that every person has a right to clean and safe water in adequate quantities, as enshrined in Article 43(d); The Constitution now provides that County public works including water and sanitation services provision and storm water management are a function of County Governments under schedule four. 4.2 WATER SECTOR INSTITUTIONS The following are the institutions that have been formed as a result of the Water Act 2002. Though not complete, the New Water Bill and New Water Policy have been under development, and when passed under the next government, will cause some changes in the way the Institutions discussed below are set-up and managed. 4.2.1 Water Services Trust Fund (WSTF) Section 83 of the Water Act 2002 mandates Water Services Trust Fund (WSTF) to assist in financing the provision of water services to areas without adequate water. The functions of WSTF include: Mobilizing resources Ensuring compliance with the rules of funding water services. Ensuring disbursement of funds; Monitoring, implementation of projects. Carrying out technical and financial audits of projects; Appraising applications and proposals for financing of projects. Establishing links with Water Service Boards in all parts of Kenya and other stakeholders in the water sector. Facilitating the efficient administration, management of activities and operations of the Trust Fund. 11 The latest Bill Drafts (2012) have suggested renaming of Water Services Trust Fund as Water Sector Trust Fund, with its functions remaining more or less the same. 4.2.2 Water Resource Management Authority (WRMA) The Water Act has provided for the separation of management of Water Resources from that of Water Supply and Sewerage. Key Functions of Water Resource Management Authority (WRMA) under the water Act 2002 include: Developing principles, guidelines and procedures for the allocation of water resources. Monitoring and periodically reassessing the national water strategy. Issuing, verifying, transferring and cancelling water permits. Monitoring and enforcing the conditions attached to the water permits. Regulating and protecting water resources quality from adverse impacts. Managing and protecting water catchments. Determining charges and levying water use fees. Gathering and maintaining water information and publishing the same periodically. Liaising with other actors for better regulation and management of water resources. The latest Bill Drafts (2012) have suggested renaming of Water Resources Regulatory Authority with increased regulatory mandate. WRMA already has sub-catchment Offices in several parts of the Country and it is likely to retain its six basin operations. 4.2.3 Water Services Regulatory Board (WASREB) Section 47 of the Water Act 2002 spells out key functions of the Water Services Regulatory Board (WASREB) as follows: Issuing licenses for provision of water services. Determining standards for the provision of water to consumers. Establishing procedures for handling complaints made by consumers against licensees. Monitoring compliances with established standards for the design, construction, operation and maintenance of facilities for water services. Monitoring and regulating licenses and to enforce license conditions. Advising licensees on procedures for dealing with complaints from consumers and to monitor the operations of the procedures. The latest Bill Drafts (2012) have suggested renaming of Water Services Regulatory Board as Water Services Regulatory Commission, with its functions remaining more or less the same but with an enhanced regulatory framework. 12 4.2.4 Water Services Boards (WSBs) Water Service Boards have delineated areas of supply to ensure the provision of water services to all parts of the country. These are: Athi Water Services Board, Tana Water Services Board, Coast Water Services Board, Lake Victoria South Water Services Board, Lake Victoria North Water Services Board, Northern Water Services Board, Rift Valley Water Services Board and Tana-Athi Water Services Board. Functions of the WSBs, as outlined in Section 53 of the Water Act 2002, are: Efficient and economical provision of water services as authorized by license Custodianship of Water Services Provision Assets Contracting, monitoring and enforcing agreements between WSBs and WSPs, in accordance with the regulations set by WSRBs in the licenses. Maintaining and acquiring assets, planning development and management. Ensuring efficient and economical provision of water services authorized by the license. Various proposals have been advanced in regards to the place of Water Services Boards, in the various drafts of the Bill (2012), with the most popular three being retaining Boards for mutually agreed trans-county infrastructure development, or merging the Boards under a national unit named Water Works Development Board with diminished regulatory oversight over WSPs, or doing away with them altogether. 4.2.5 Water Service Providers (WSPs) The Water Act 2002 defines Water Service Providers (WSPs) to include companies, NGOs, community groups and person(s) who must be formally registered under the Societies Act, Chapter 108 of the Laws of Kenya. WSP act as agents of Water Service Boards (WSBs). The main role of WSPs is to: Provide water and sanitation services. Develop, rehabilitate and maintain water and sanitation facilities of the WSB in their area of jurisdiction. Under the News Constitutional order, dominant WSPs in Counties will likely have expanded roles in infrastructure development, with close working oversight and financing from County Governments. 13 4.2.6 Water Appeals Board The functions of Water Appeal Board (WAB) as outlined in section 85 and 87 of the Water Act 2002, include: • Hearing and determining appeals from decisions or orders of the Authority, the Minister or Regulatory Board. • Hearing and determining disputes in the water sector. • Performing other judicial functions that pertain to the use and development of water resources; • Making and varying rules of their procedures from time to time Draft Bill 2012, propose renaming Water Appeals Board as Water Tribunal. WAB already has several regional offices. It is not clear however, how the tribunal with interface with the already formed Land and Environment Courts. 4.2.7 Water Users Roles and Responsibilities Familiarize themselves with the provisions of the legal instruments governing water, irrigation and arid land reclamation sectors. Observe high level of competitiveness in doing business with the water sector officials. Provide regular feedback on quality of service through designated “suggestion boxes”, correspondences or verbally. Not to compromise the water sector officials in any way for rendition of services. Give information on adverse incidents on the water sector such vandalism of infrastructure, bursts etc. Demand an official receipt for any payment made for delivery of goods and services. Prompt payment of fees and bills for water resources and services as the case may be. 4.2.8 National Water Conservation & Pipeline Corporation (NWCPC) The National Water Conservation and Pipeline Corporation (NWCPC) has the following functions: Construction of dams Drilling of boreholes Bulky water supply The proposed draft water bill has proposed changing of the name to National Water Storage Corporation. 14 Chart Showing Institutional Framework of the Kenyan Water Sector13 4. 3 THE INSTITUTIONAL SET-UP IN MARSABIT The main formal water actors in Marsabit are Water Resources Management Authority (WARMA), District Water Officers (DWOs)/ Northern Water Services Board (NWSB) and District Public Health Officers (DPHOs). WARMA is supposed to issue licenses for water abstraction and coordinate formal water resources and catchment management activities mainly through Water Resources Users Associations (WRUAs). District Water Offices on the other hand are supposed to educate communities on issues relating to water including supporting formation and capacity building of Water Users Associations (WUAs), and supporting in implementation and management of water works/ projects. District Public Health Offices among other functions support sanitation monitoring, sanitation education and issues relating to water quality. There was no evidence of regularized water quality testing in the County, and the mandate for that is overlapping among the three mentioned Institutions alongside National Environmental Management Authority (NEMA), and is done on a ‘need basis’. The only resident water testing Kenya Water for Health Organization (KWAHO), 2009. ‘Enhancing Water and Sanitation Governance in Kenya: Human Rights Based Approach to Reforms in the Kenya Water Sector’ 13 15 kit we were able to trace in the County is the ‘Paqualab kit’ at the Public Health Office in Marsabit. Marsabit has evidentially a heavy presence of Non State Actors, with some of the strongest Actors in water including PISP, CIFA, FH, Caritas PACIDA, JICA and CRS. Some of these Actors implement directly while others like JICA and Concern Worldwide implement through partners. It was noticed however, that some of the most active NSAs in the area are Organizations like PISP, CIFA and PACIDA, who are supported by bigger donors and whose major operations are only in Marsabit. Since these are local organizations this could be an advantage or a risk because of ‘stonewalling’. These Organizations although doing a good job require institutional strengthening to minimize this ‘stonewalling’ risk. Marsabit County does not have a full fledged registered Water Service Provider (normally known as Water and Sewerage Company). The largest town in the County, Marsabit, relies on Bukuli springs for most of its supply, which is not very reliable during the dry season. The other sources of water in the County include shallow wells, boreholes, earth pans/dams, rock catchments, roof catchment, seasonal rivers and vendors/truckers. Non State Actors have played a very major role in development/ rehabilitation of water points and schemes in Marsabit, with an overwhelming majority of rural points having been developed or last rehabilitated through NSA (including Churches) as illustrated below: Stakeholder Funding: Rural Piped water scheme 16 Stakeholder Funding: Rural water point However, there is the feeling that these actors can do much more to correspond with the heavy presence they have in the County, although the County is quite vast. In all the areas where discussions were held especially through Focus Group Discussions, it was evident that there is hardly any knowledge of water sector reforms or water sector institutions among Citizens. As such citizens were not able to identify whether there has been any change as a result of sector reforms. However, citizens were very clear on one thing, that apart from the support they occasionally get from Ministry of Water Officers in repairs and in development of dams, they are not involved in formal decision making processes. Water Services Trust Fund has accordingly been implementing a two year project named Medium Term ASAL Program through Ministry of Northern and Other Arid Lands in 6 Counties namely Marsabit, Lamu, Isiolo, Garissa, Wajir and Tana River. The project has integrated components which include sanitation, resources management and water provision. The study was not able to establish the reach of those interventions in Marsabit. The government is highly involved in water trucking, with several trucks available for that use in the County. The government also regularly allocates resources for fuel for trucking purposes through Northern Water Services Board (NWSB). However, water trucking, although useful, can 17 easily be exploited by water cartels. The biggest government project in the area is Badasa dam (below) which has been under construction for the last 3 years. From the exercise, 508 sources were successfully mapped, with 479 of these being rural point sources and 29 rural piped schemes. Of the 479 mapped rural water points 63% were improved as opposed to 37% that were found to be unimproved as shown below. All piped schemes (not included in this figure) are considered as improved sources. 18 People access water from a variety of sources, with shallow wells comprising the bulk of improved water points in the area as illustrated below: Improved point sources Among the unimproved sources, pan/dams comprise the bulk of water source. 19 Unimproved point sources Tanker-trucks form the bulk of unimproved water sources 20 4.4 . FUNCTIONALITY In relation to water points, 302 (63%) were found to be improved and 177 (37%) to be unimproved. All piped schemes (an additional 29) are classified as improved. Of the sampled points, among the points sources, 335 (69.9%) were found to be functional and in use, 54 (11.3%) non functional and the rest faced with various functionality problems. Among the piped sources, 24 (82%) were functional and in use, 1 (3.4%) non functional and the rest (4 points) faced with various functionality and usability problems. This is as tabulated below in the table for point sources: In terms of functionality, most of the water points are functional and are in use. 21 Reasons for non usage are as below with dry/low yielding being the most cited reason. Reason why the source is non-functional or not in use (improved sources only) For the improved sources, they are either not in use or are non-functional mainly because they are under construction or have technical breakdowns. 22 The study further sought to find out the reasons as to why non-functional ones had not been repaired and these were the responses: Why not repaired (point sources) Few non-functional water points are not repaired due management/ownership problems In regards to piped supply, the results were as follows: Functionality Status Majority of the piped water supply systems are functional and in use 23 Reason why the source is non-functional or not in use (improved sources only) Technical breakdown, cheaper sources and new under construction equally contribute to the non-functionality or not-in-use status of the improved sources. 24 Why not repaired Half of these points are unrepaired because of issues relating to spare parts 25 4.5. WATER ACCESS On the face of it, water supply from available water points is above average. For example, when asked about the reliability of the water sources, these were the responses: Reliability of points (Note: on average, not snap shot) Reliability of piped schemes (Note: on average, not snap shot) In regards to the sufficiency of water for domestic consumption and again for livestock, these were the responses: 26 For rural water points: Water Quantity: Water availability Close to a half of rural water points are seasonal Water Quantity: Sufficient for Households 27 Water Quantity: Sufficient for livestock More than half of respondents reported that the water supply is insufficient for livestock. Owing to the importance associated to water for livestock in this area, this a serious concern Piped schemes: Water availability 28 Quite some time is taken up in search of water per trip as indicated below In respect to rural points. Time Water Collection (on average) (Note: time to and fro, including waiting time) In respect to piped points: Time taken for Water Collection (on average) (Note: time to and fro, including waiting time) People apparently take longer to access water from piped schemes which would point at how these schemes are stressed. We sought to interrogate this phenomenon further. 29 In some areas like Shauri Yako in Marsabit Central for example even though people access water from piped supply from Kiosks, the water problem is severe. Each village has a Kiosk supplied with water from Bukuli with the total number of kiosks being 14. During drier seasons, they have organized a rationing system where each village gets water one day at a time leading to a week or two week cycle. During the supply day, each household is allowed a maximum of 6 jerricans, a total of 120 litres per household. People supplement this with use of water from vendors. Most water vendors get water from Logologo borehole which is 50kms away and sell it at upto Ksh 70 per 20l jerrican. It is common for people to go for three days without a shower with schools especially the boarding school in the locality being the hardest hit. When women go to search for water themselves, it often takes them a whole day and even then they are not assured of getting some. The same situation was reflected at Manyatta Otte in Marsabit Central. Below is a photo of one of the kiosks at Shauri Yako during a day of supply. To illustrate how severe the problem is, the local chief gave the following illustration, ‘some times we get donations of jembes and pangas. Although well intentioned, our priority is water. For in order for one to till the land, one must have the energy. And to get the energy, one must eat food and drink water’ 30 4.6. GOVERNANCE, MANAGEMENT AND SUSTAINABILITY Management structures of water points were varied as much as they were interesting. For example at the visited place at Shauri Yako, the kiosk is run by a women group. This group has not held elections for 12 years. Each household is charged Kshs 200 per month for water and funds realized are not publicly declared. However, community members reported that whenever there is a breakdown, repairs are always done promptly to avoid public backlash and loss of revenue. In Manyatta Otte, management is still under a women group where communities are not involved in decision making especially in relation to changes in pricing. Elections are not held and neither are meetings held to include people who are not members of the women group. In this case also, repairs are done in time especially with support from the Ministry of Water. At the kiosk they are charged between Kshs 3 and 5 depending on size of container and household connections between Kshs 200-300 per month based on consumption through metres. District Water Officers feel that management structures are weak in many of community management points and schemes, with some citing that the money collected is at times used to give people soft loans as opposed to being used for maintenance. DWOs have cited that they have involved in capacity development of WUAs. Surprisingly, despite weaknesses in management styles, there are some gains that have been made over time considering that functionality rates of water points are relatively high. There is thus the need to make deliberate efforts to find out what systems actually work. With more strengthening of these groups especially WUAs, it is likely that functionality rates will even go up. These were the findings on management structures in place for rural points managed by the community: 31 Committee in place? Management structures are in place for most rural water points Regular Committee meetings?(> quarterly) Majority of the management committees hold regular meetings 32 By-laws in place? By-laws are in place for most of the committees Official selected as per by-laws? Close to half of the officials of the committees are select as per by-laws 33 Public meeting income & expenditure? (during the last year) More than half of the public meetings have income and expenditure AGM with all members? (held within the last year) More than half of the committees had AGMs with their members 34 And in regards to piped schemes, these were the responses: Committee in place? Most piped water schemes have committees in place Regular Committee meetings? (> quarterly) A large percentage of the committees hold regular meetings 35 By-laws in place? Majority of these commitees have by-laws in place Official selected as per by-laws? A small section of the committees don’t select officials as per by-laws 36 Public meeting income & expenditure?(during the last year) Majority of the committees don’t have public meeting income and expenditure AGM with all ```members? (held within the last year) A large majority of these committees have AGMs with all members The above results, although representative, appear to be biased. This is because most respondents interviewed were committee members, and the data given does not correspond with information from Focus Group Discussions, which show that many groups have weak management structures, poor governance structures, poor resources collection and management structures, and low tranparency. 37 4.7. SUITABILITY (QUALITY) Water is life – it forms 75% of the human body. Safe water sustains a healthy population and it contributes to the quality of life of households through the provision of basic needs of water and sanitation. It is estimated that 80% of all illness in developing countries is related to water and sanitation. Every 20 seconds, a child dies from diseases associated with a lack of clean water. That adds up to an unconscionable 1.5 million young lives cut short each year.(Ban Ki-moon, 2008. Water is life. UN). Potable water supports public health and ensures economic growth. Water of poor quality can cause social and economic damages through water-related epidemics such as cholera which in turn increases medical treatment costs. In Kenya, unsafe water, sanitation and hygiene ranked 2nd among the leading risk factors 5.3% and contribution to mortality and morbidity (WHO 2009). The vision of Kenya’s new water policy -2012 is “adequate water and sanitation for all” and seeks to provide every Kenyan with “equitable” access to water and sanitation services for sustainable socio-economic development of the country. This is in line with the Millennium Development Goals (MDG’s) and the World Summit on Sustainable Development (WSSD) targets of 2002 to strive to halve the population of people without access to water and sanitation by 2015. This is a big challenge for Kenya due to the country’s economic problems where over 56% of the people live below the poverty line coupled with the fact that Kenya is a water scarce country with over 80% of the total land area regarded as Arid and Semi-Arid Land (ASAL). The country has fresh water per capita of 647M3 against the United Nations recommended minimum of 1,000M3 with a projected decline to 235M3 by 2025 unless effective measures are implemented. Potable water is one that is free from disease causing microorganisms (pathogens), low in concentrations of compounds that are acutely toxic or that have serious long term effects on health. Potable water should also be clear, not saline, and free from compounds that can cause colour, taste and odour. The conventional way of extracting drinking water from the ground is by drilling boreholes and shallow wells through the existing water table to form a well point. In certain regions of Northern Kenya, as the water percolates through the soil, harmful physical, biological and chemical constituents (e.g. fine suspended matter, faecal coliforms and fluoride) become contained in the water making it unsuitable for human consumption. The main sources of water for the target communities are boreholes, covered/protected and open/unprotected shallow wells, earth dams/pans, gravity-fed piped systems, springs and lakes and seasonal rivers. 38 This research work was undertaken to develop a data-base on water points, status, functionality, management and establish water quality for selected water points. This study investigated biological, chemical and physical water quality. It compared the difference in water quality between the water points in seven districts in the rainy season. 4.7.1 Results The water quality analysis parameters were compared to the WHO and KEBS guidelines to ascertain if the quality of the water were in accordance with appropriate drinking water standards. The results per water point by region are as shown in the table below. 39 Moyale/Sololo Gununesa shallow well Moyale Town Tap Har Bora pan Karbruri BH Dambala fachana pan Obbu pan Ramata dam Kalasinga shallow well Oda BH Budug shallow well Harbagasa pan Holde pan Yabale pan North Horr Police Shallow well DC well Galas shallow well Gas well Galas community well North Horr Boys well Abdub Kampicha well Horiguda oasis Manyatta Kunni tap Horriguda shallow well Horiguda mosque well GBH shallow well Muslim academy North Horr Boys tap Palm shade well Jabo bora well Marsabit/Chalbi Tuye dera well Haro Bota dam Maikona Mushin well Marsabit town tank Maikona AP shallow well Abudo Halake well Laisamis/Loiyangalani Habibo Shallow well Lenarokwe well Miungichan well Laisamis tap The singing well of Illaut Ngurunet tap Kulasamaki tap Elmolo bay pry tap Kula pesa tap South Horr tap Kiwanja ndege tap Lake turkana ecoli/100ml 30 80 100 130 30 0 0 0 20 40 50 0 100 0 0 160 0 180 170 0 0 310 0 130 0 0 0 0 150 60 90 30 450 0 230 220 180 660 180 310 300 70 100 320 380 170 0 40 4.7.2 Discussions of the results 4.7.2.1 Microbiological Water Quality Microbiological water quality results show that the water is grossly polluted with faecal matter. In terms of faecal coliforms (ecoli), the results show that approximately 66% of the water sources tested during the study did not meet either the WHO or any National standards for drinking water. Laisamis/Loiyangalani water points had the highest number of water points contaminated with 91.7% of all sampled water points showing high levels of E. coli. This was closely followed by Marsabit/Chalbi with 83.3% of water points contaminated. 91% of tap water and 58% of the wells were contaminated while interestingly results from the entire (2) borehole sampled for water sampling and testing had been contaminated with the contamination ranging from 30 – 130 E. coli/100mls. Table 1: Number & Percentage of contaminated sampled water sources in Marsabit county (December 2012) Source Frequecy No. contaminated % Contaminated Wells 24 14 58 Taps 11 10 91 Oasis 1 0 0 BH 2 2 100 Lake 1 0 0 Dam/Pan 8 5 63 Total 47 31 66 The quality of water has a direct relationship with the environmental surrounding of the water sources. To be able to compare the quality of the sample sources with the water testing results, sanitary observation survey was carried out at the time of the sampling and supported with the Ministry of Health data on sanitation coverage. Overall the environmental sanitation in most of the water points was poor coupled with low sanitation (latrine) coverage. For example latrine coverage data for North Horr stood at 12% (MoH latrine coverage report, May 2012). This means that more than 87% of the population lack an appropriate faecal disposal mechanism and hence use open defecation, a risk to environmental sanitation and hence bacteriological contamination of water. 41 4.7.2.2 Chemical Tests The study sought to investigate chemical composition of some water points. From the area, nine water points we sampled and brought for analysis at Kenya Water Institute (KEWI). These samples were drawn from the following areas: 1. Bamata Dam 2. Huri Hills 3. Holale Shallow wells in Moyale 4. North Horr police lines 5. Kalacha shallow wells 6. Kargi Town Shallow wells 7. Maikona town shallow well 8. Kinisa Pan 9. Burgabo Borehole, in Chalbi Desert. Among the parameters tested were Ammonia, Turbidity, Conductivity, ph, Fluoride, Calcium, Total Hardness, Iron, Carbon Dioxide, Total Dissolved Solids, Nitrate. From the tests, the verdict given is that in all the Water samples had various components above recommended standards apart from one, whose only problem was found to be turbidity. The professional verdict therefore is that this water should not be used for consumption without treatment. It is instructive to note that the samples were not tested for potassium, sodium and heavy metals. Considering that there have been some reported livestock deaths and a significantly high cases of cancer in some areas like Kargi, a further investigation could be necessary at some point. 4.7.5 Comments on the results The levels of contaminations for all the contaminated water points are way above both the WHO and KEBS drinking water quality standards at zero (0) ecoli/100ml of sample. North Horr district has a high water table, high concentration of shallow wells and low sanitation coverage. The lack of sanitation facilities in the area could therefore be attributed to the high contamination of water point’s especially shallow wells. This points to the need for a continued monitoring of the water points through regular sampling and testing to ascertain the change in quality of the water with time. From these findings therefore, we cannot conclusively say that water from these sources is always contaminated throughout the year and hence not fit for human consumption with finality. The high levels of contamination especially in the boreholes may point to the need of checking the system to establish the point of contamination and if the situation is the same during the dry season. Nevertheless, the results show the need for a scheduled sampling and testing during different seasons coupled with hygiene education for behaviour change and capacity building of water treatment. While efforts should be made to ascertain the level of contamination in the dry seasons, the communities should be supplied with water treatment chemicals to ensure safety of the water at the household level while mitigating effects of drinking contaminated water like outbreaks of Cholera or acute diarrhoea diseases. 42 5. 0 CONCLUSIONS 1. The level of investment through the government has been low with Non Governmental Organizations and Churches doing a disproportionate portion of investments and rehabilitation of water points. The notable heavy investment in water in the County by the government is the Badasa dam, whose construction needs to be speeded up. 2. Whereas citizens have displayed a willingness to pay for the water they consume in most cases, the funds collected in many instances can only cover management and routine repairs. These funds are not likely to be enough for capital expenditures like generator replacement and repairs. Some of the bigger rehabilitation works for community schemes can therefore be done through government funds. But there are indications that if funds are collected well and transparently they would be enough to support most schemes. 3. Although the majority of the points mapped are improved, many of these points are susceptible to contamination since they are shallow wells. On an average the hygiene and sanitation conditions observed around water points, whether improved or unimproved, were poor. 4. Whereas water access for domestic use is above average and for livestock just below average, the distribution of water is not facilitative for livelihoods and economic growth. Many water points are clustered and within settlement areas, leaving large swathes of land unutilized. Even within the settlement areas, time taken to access water is too long, with most of the population spending more than an hour per round trip to fetch water from point sources. 5. Water quality is quite poor with 66% of sampled water showing contamination. Most of the water points were not only contaminated but heavily so by national and international standards. Chemical analysis at KEWI also showed that all water points sampled needed treatment before consumption. This correlates with observed poor hygiene conditions, as well as with sanitation coverage, which in some districts like Chalbi (Marsabit North), stands at 12%. 6. Functionality of water points was relatively high. Functionality of piped schemes was much higher, which may point at better technical support. The same support can be exported/ devolved to lower levels to support community managed points. 7. Knowledge of the water sector, water policies and acts, and constitutional provisions in relation to water are very low. 43 8. There is a vibrant citizenry in the County. In many water points, it was reported that there is a management committee in place, which meets regularly. The percentage of groups with by-laws at was also impressive. In some places, Water Users Associations (WUAs) has been formed and trained to manage water points especially through District Water Officers and Non-State Actors although this does not appear to have translated to sound management practices. 9. Although there are many Organizations operating in this place, there is little evidence of coordination and harmonization of activities. WESCORD, although making some efforts, is largely dysfunctional. The formal sector (Ministry of Water), has not offered robust leadership in this. Therefore, there is no up to date data base of water points or of interventions that particular organizations are engaged in. 10. In most instances, where quasi-governmental institutions shoulder most governmental responsibilities, governmental institutions take the back stage. That is the manifest situation in Marsabit County in relation to water and the situation needs to be reversed. 11. In most areas where FGDs were conducted, water was identified as having been a cause of conflict especially in the dry seasons, among communities. 12. Water supply can be increased in many areas by desilting the silted dams/ pans, and through getting efficient systems of pumping water from boreholes to enable longer pumping hours with fewer/ more manageable breakdowns like solar systems. 44 6.0 ADVOCACY AND INTERVENTIONS RECOMMENDATIONS 1. The government needs to take charge as the lead actor in Marsabit County and as such more resources should be availed for Marsabit County. Funds can be made available through Ministry of Water, through Equalization Fund and most significantly, through dedicated allocation of resources to water through County Budget. Citizens can play a key role by identifying this as a priority sector and engaging County governments to allocate resources accordingly. 2. Marsabit is the second largest County in Kenya, hosting many development partners, yet it lacks basic infrastructure and does not have a Water and Sewerage Company. This in a way, is systematic marginalization and one of the first priorities of the County Government should be to set-up a proper water and sewerage company. Such a company will support proper planning especially for sewerage for Marsabit Town which is showing signs of economic take-off. The Company can also take over overall management of smaller companies and schemes, which have proven unviable to run and manage. 3. The role of government officers in water needs to be redefined. With quite a substantial investment being done by non-state actors and communities, government officers should be available and accessible to support with repairs and maintenance, as well as in demonstrating the best ways to harvest water. In effect, their role should be to provide extension services in water. 4. Although WARMA is doing some conservation work with WRUAs, environmental conservation has not been mainstreamed. This is evidenced through drying up of springs and diminishing levels of water in Lakes such as Lake Paradise. Urgent mechanisms need to be put in place to arrest this situation and promote water recharge even for boreholes. 5. Water quality is a grave issue in this area. A water surveillance mechanism needs to be put in place for systematic sampling and analysis so that contamination can be detected and contained in good time. The County Government either separately or as a section of Water and Sewerage Company, needs to set-up a testing lab in the County where samples can be tested. Non State Actors also need to shift some attention from water access to water quality and sanitation. The Public Health Office needs to coordinate sanitation approaches and distribution of treatment chemicals. Appropriate approaches that have worked in other areas like Community Led Total Sanitation (CLTS) need to be introduced. Water purification options and gadgets, especially those that use solar, should be explored. It may also be necessary to conduct a dedicated water quality analysis study 45 in the County to determine the exact patterns of contamination and how this may have affected human health and the implications of long term usage of this water. 6. Since most schemes and systems are community managed, there is an opportunity for more training and strengthening of Water Users Associations (WUAs) to manage water points more economically. Funds realized can be used for simple repairs, simple water treatment, and piping to communal water points as a start. 7. There is need for aggressive citizen education especially in the Water Policy and Water Bill and provisions for participation. It is not possible to have demand driven change when citizens are unaware of their rights, obligations, and opportunities that abound. In particular citizens need to become aware of how they can work through County Government to exploit and push for higher resource allocation to the sectors that matter most to them. They also need to understand how they can utilize opportunities like Community Planning Cycle (CPC) and Urban Planning Cycle (UPC) through Water Services Trust Fund (WSTF). Communities can also form community watchdog mechanisms like Water Action Groups (WAGs) and Water Working Groups (WWGs) which are working very well in places like Mombasa, to monitor projects, hold government institutions to accountability, and educate Citizens/ Consumers on various issues. There should also be a County Forum to meet on regular basis where the County Government and its Water Service Provider (s) can report to citizens on plans and progress in realization of the right to water. 8. Marsabit is a land of huge untapped potential, and can support cultivation as well as in livestock production. An example of Marsabit’s agricultural potential is the miraa crop (khat), which does not do well in many places, but which has flourished here in some pockets of Marsabit Central. Some thinking needs to begin happening around how water from the many small points can be aggregated and piped further from settlements, to enable the more explorative citizens begin utilizing idle land for agriculture. 9. Water storage at household level should be promoted and supported. Even in areas where water supply is not so stressed like parts of Loiyangalani and North Horr, lots of households still spend huge amounts of time and resources because of the lack of tendency/ inability to store water. 10. Investments in water in the County need to be profiled and consolidated to avoid duplication, and investments in areas that are not really in need for example the some boreholes sunk by the Ministry which has not been equipped to date since the areas there are sited are not really water stressed. There needs to be a central place for data aggregation. The data in the virtual map developed out of this exercise can serve as an 46 initial database, updated either continuously or annually. Overtime, citizens can begin to play a key role, providing information on functionality and quality among others through online mechanisms. The Ministry of Water recognizes its shortcomings, but attributes part of this to the fact that partners do not share lots of their data. The capacity of the relevant Ministry and the County Government should be developed such that they can maintain and update a central database. The incoming County Government can play a key role in this. 11. Public Private Partnerships need to be encouraged to consolidate efforts around areas of greatest need. For example, when funds are limited, the government can drill a borehole and partner with Non-State Actors for equipping or extending piping; or vice versa. 12. Coordination among various stakeholders in the Water Sector starting from the relevant Ministry, are both inadequate and inefficient. Whereas devolution to Counties must happen meaningfully, it is important to keep vigil in the Policy development process to ensure that related functions are merged/ integrated. Information flow should also be enhanced and this can be done through the proposed ASAL Secretariat. 47 7. 0 REFERENCES Committee on Economic, Social and Cultural Rights, 2002. ‘Substantive Issues Arising in the Implementation of The International Covenant On Economic, Social And Cultural Rights’. Retrieved from http://www.unhchr.ch/tbs/doc.nsf/0/a5458d1d1bbd713fc1256cc400389e94/$FILE/G0340229.doc J. Bartram and G. Howard, “Domestic water quantity, service level and health: what should be the goal for water and health sectors”, WHO, 2002. Kenya Water for Health Organization (KWAHO), 2009. ‘Enhancing Water and Sanitation Governance in Kenya: Human Rights Based Approach to Reforms in the Kenya Water Sector’. Retrieved from http://www.kwaho.org/documents/UNDP_Water_Governance_HRBA_Bondo_Consultancy_TOR_ Capacity_of_Water_Actors.pdf Michael Mortimore, 2009. ‘Dryland Opportunities: A New Paradigm for People, Ecosystems and Development’ P.H. Gleick, (1996) “Basic water requirements for human activities: meeting basic needs”, Water International, 21, pp. 83-92. Republic Of Kenya, 2011. ‘Vision 2030 Development Strategy for Northern Kenya and other Arid Lands’. Retrieved from http://typo3.fao.org/fileadmin/user_upload/drought/docs/Vision2030%20development%20strat egy%20for%20northern%20kenya%20and%20other%20dry%20areas%202011%20.pdf Republic of Kenya, 2011. ‘National Policy for the Sustainable Development of Northern Kenya and other Arid Lands: Releasing Our Full Potential’. Retrieved from http://www.dmikenya.or.ke/call_for_proposals/Draft%20Sessional%20Paper%20for%20ASAL.pdf Republic Of Kenya, 2011. ‘Vision 2030 Development Strategy for Northern Kenya and other Arid Lands’. Retrieved from http://www.aridland.go.ke/ministry_docs/vision2030_draft3.pdf Republic of Kenya, 2009. ‘National Policy for the Sustainable Development of Arid and Semi Arid Lands of Kenya’. Retrieved from http://www.aridland.go.ke/ministry_docs/ASAL_policy.pdf UN, 2003. ‘Committee on Economic, Social and Cultural Rights, General Comment 15, The right to water (Twenty-ninth session, 2003), U.N. Doc. E/C.12/2002/11 (2002), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 105 (2003)’. Retrieved from http://umn.edu/humanrts/gencomm/escgencom15.htm 48 8.0 ANNEXES 8.1 Marsabit water points map http://goo.gl/maps/AnoFl x 8.2 Sample of the chemical analysis: Results x 8.3 Questionnaires (Attached) 8.4 List of water points mapped (Attached) x