The Water Services Regulatory Board (Wasreb) is a regulatory state corporation established by the Water Act 2002, this law was repealed by the Water 2016 operationalized in April 2017. Section 70 (1) of the Water Act 2016 established Wasreb with the main objective to protect the interests and rights of consumers in the provision of water services, while ensuring other stake-holders interests are also safeguarded.
Accordingly, Wasreb sets standards and enforces regulations that guide the sector in not only ensuring that consumers are protected and have access to efficient, affordable and sustainable services, but also, provide for financial sustainability of Water Service Providers (WSPs), by allowing financing of operations, capital cost recovery and a return on capital that sustains ser-vices through ongoing investments.
The Mandate of Wasreb
Wasreb’s statutory mandate is provided for under Section 72 of the Water Act 2016. The regulator sets, monitors and reviews rules and regulations to ensure water services provision is affordable, efficient, effective, and equitable. Accordingly, the powers and functions of Wasreb under the Act are to:
- Determine and prescribe national standards for the provision of water services and asset development for water services providers.
- Evaluate and recommend water and sewerage tariffs to the county water services providers and approve the imposition of such tariffs in line with consumer protection standards.
- Set license conditions and accredit water services providers.
- Monitor and regulate licensees and enforce license conditions.
- Develop a model memorandum and articles of association to be used by all water companies applying to be licensed by the regulatory board to operate as water services providers.
- Monitor compliance with standards including the design, construction, operation and maintenance of facilities for the provision of water services by the water works development bodies and the water services providers.
- Advise the Cabinet Secretary on the nature, extent and conditions of financial support to be accorded to water services providers for providing water services.
- Monitor progress in the implementation of the water strategy and make appropriate recommendation.
- Maintain a national database and information system on water services.
- Establish a mechanism for handing complaints from consumers regarding the quality or nature of water services;
- Develop guidelines on the establishment of consumer groups and facilitate their establishment.
- Inspect water works and water services to ensure that such works and services meet the prescribed standards;
- Report annually to the public on issues of water supply and sewerage services and the performance of relevant sectors and publish the reports in the gazette.
- Make regulations on water services and asset development which shall include business, investment and financing plans in order to ensure efficient and effective water services and progressive realization of the right to water services.
- Advise the cabinet secretary on any matter in connection with water services.
- Make recommendations on how to provide basic water services to marginalized areas.
Water Services Regulatory Board recently re-organized its Organization Structure as follows:
To effectively carry out its functions and fulfill its strategic objectives and mandate, WASREB is structured into three (3) Directorates and five (5) Departments reporting directly to the CEO as shown below:
- Licensing, Standards and Advocacy
- Monitoring and Enforcement
- Corporate Services
- Corporation Secretary & Legal Services
- Corporate Communication
- Research, Planning and Quality Assurance
- Supply Chain Management
- Internal Audit
OFFICE OF THE CHIEF EXECUTIVE OFFICER
The position is anchored in Section 73 (1) of the Water Act 2016. It is the topmost Management office immediately after the Board of Directors. The Chief Executive Officer (CEO) of WASREB is also a Director and responsible to the Board of Directors with overall responsibility for the implementation of the Board’s functions, its strategic goals, and the management of its resources. The CEO is responsible for giving leadership for the achievement of Board’s strategic objectives and goals.
The CEO is also responsible for the day-to-day operations and administration of the Board.
CORPORATION SECRETARY AND LEGAL SERVICES DEPARTMENT
The position of the Corporation Secretary is a requirement of the Code of Governance for State Corporations (Mwongozo). The Department is responsible for providing advice and support on all legal matters to the Board of Directors and the Board. It also provides secretariat services to the Board of Directors. The Department is responsible for Board evaluation for promotion of good corporate governance. In addition, the Department ensures the Board complies with all statutory, legal, social, and regulatory requirements in the execution of its strategies.
LICENSING, STANDARDS & ADVOCACY DIRECTORATE
The Directorate is responsible for setting of standards, licensing, ensuring service viability and advocacy through public education in line with section 72 (a), (b), (c), (e), (g), (j), (k), (n) and (p). This will ensure the progressive realization of the right to water as per article 21 and 43 of the Constitution.
MONITORING & ENFORCEMENT DIRECTORATE
The Directorate is responsible for ensuring compliance through enforcement of standards including license conditions in line with section 72 (d), (f), (h) and (l). This is to enhance quality of service and increase consumer and stakeholder confidence in water and sanitation services provision.
CORPORATE SERVICES DIRECTORATE
To effectively harness the efforts of corporate services, the Directorate will provide strategic leadership, expert advice and input to the Service to ensure optimal utilization and management of the service resources. It will provide accountability in the functional areas of Finance and Accounts; ICT and Human Resource (HR) and Administration to enable the Service to effectively perform its mandate.
RESEARCH, PLANNING & COMPLIANCE DEPARTMENT
The Department is anchored under Mwongozo which requires the Board to adopt and implement effective structures for research, strategic planning, performance management, quality assurance and risk management.
The Department is responsible for developing the Board’s strategic plan, business plans and work plans, monitoring and evaluation of programmes and projects, conducting research, managing the development and implementation of overall performance contract, quality assurance and development of a risk management framework. The department also ensures compliance with guidelines, regulations, procedures, standards and the law.
INTERNAL AUDIT DEPARTMENT
Based on The Public Financial Management Act and Regulations, the Public Audit Act and Mwongozo Code of conduct; the internal audit department is responsible for providing independent, objective assurance and consulting activity aimed at adding value and improving the operations of the Board. The department also ensures that WASREB complies with laws and regulations in place, giving risk assurance to the Board of Directors and seeks to identify weaknesses in internal controls.
CORPORATE COMMUNICATIONS DEPARTMENT
This department is responsible for corporate communication, development of communication and branding strategy, media liaison, stakeholder engagement, brand marketing, event management, corporate social responsibility activities and enhancing the image of the Board.
5th Floor NHIF Building Ngong Road
P.O. BOX 41621-00100, Nairobi, Kenya
Tel: +254 (0) 202733561/+254 709 482000
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