COG insists on devolution of sanitation mandate in meeting with Blue Economy Committee

𝐏𝐚𝐫𝐥𝐢𝐚𝐦𝐞𝐧𝐭 𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠𝐬, 𝐓𝐡𝐮𝐫𝐬𝐝𝐚𝐲, 𝐀𝐩𝐫𝐢𝐥 𝟏𝟎, 𝟐𝟎𝟐𝟓.

The Council of Governors (CoG) has reaffirmed that the responsibility for water and sanitation services lies squarely with County Governments, cautioning against any attempts to undermine this constitutional mandate through national policy directives.

Speaking during a presentation to the National Assembly's Departmental Committee on Blue Economy, Water and Irrigation, CoG—represented by Mr. Kizito Wangalwa, Director of Committees—voiced strong reservations about Sessional Paper No. 7 of 2024 on the National Sanitation Management Policy.

“Water and sanitation services are constitutionally devolved functions,” said Mr. Wangalwa. “No statutory document should attempt to usurp this mandate without observing the function transfer procedures laid out in Articles 186 and 187 of the Constitution.”

The policy in question, developed by the Ministry of Water and Sanitation in partnership with the African Population Health and Research Center (APHRC), aims to expand access to safe sanitation, improve public health outcomes, and curb environmental pollution from contaminated water sources.

However, CoG raised concerns over several provisions of the policy, including Clause 3.2.4, which proposes the creation of a national sanitation regulatory body. The Governors argue that such a move would infringe on the autonomy of County Governments.

“We strongly recommend the deletion of Clause 3.2.4,” Mr. Wangalwa told the Committee. “The creation of a national regulatory body contradicts the devolved nature of sanitation service provision.”

On Clause 5.2, which mandates the National Government to conduct a comprehensive assessment of sanitation systems and technologies, CoG proposed a collaborative approach.

“We propose the clause be amended to include County Governments, as this should be an integrated process that aligns plans at both the national and county levels,” he added.

Mr. Wangalwa also called for revisions to Clause 5.3.2 to ensure increased and protected public funding for sewerage development at the county level, with supplementary support from the national budget.

“The National Government has been developing sewerage systems without reference to County sanitation master plans,” he noted. “What we need is harmony and linkage—to ensure last-mile connectivity in sewerage development and alignment with housing and settlement planning.”

Committee Chairperson Hon. Kangogo Bowen (Marakwet East) assured that the Committee would consider CoG’s input, alongside other stakeholder submissions, before drafting a final report with recommendations to be tabled in the House.