SPECIAL ISSUE

Kenya Gazette Supplement No. 136 (Acts No. 14)

REPUBLIC OF KENYA

–––––––

KENYA GAZETTE SUPPLEMENT

ACTS, 2019

NAIROBI, 2nd August, 2019

CONTENT

Act—
PAGE

The Irrigation Act, 2019 .............................................................................. 671

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

  

671
THE IRRIGATION ACT, 2019
No. 14 of 2019
Date of Assent: 29th July, 2019
Date of Commencement: 16th August, 2019
ARRANGEMENT OF SECTIONS
Section
PART I—PRELIMINARY
1―Short title.
2―Interpretation.
3―Scope of application.
4―Act to prevail in irrigation matters.
5― Guiding principles.
PART II— REGULATION OF IRRIGATION
6― Role of National Government.
PART III—THE NATIONAL IRRIGATION
DEVELOPMENT AUTHORITY
7― Establishment of the Authority.
8― Powers and functions of the Authority.
9― The Board of the Authority.
10― Conduct of business of the Board.
11― Powers of the Board.
12― Chief Executive Officer.
13― Other Staff.
PART IV―RESPONSIBILITY OF COUNTY
GOVERNMENTS
14― Role of county government.
PART V― IRRIGATION SERVICES
15― Water for irrigation.
16― Setting apart of land, access rights etc.
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17―Establishment of administrative and legal

framework.
18― Irrigation research, innovation and training.
19― Management of irrigation schemes.
20―Formation of irrigation water users’ associations.
PART VI― FINANCIAL PROVISIONS
21― Finances of the Authority.
22― Annual estimates.
23― Accounts and Audit.
24― Annual reports.
PART VII―DISPUTE RESOLUTION
25― Dispute resolution.
26― Appeals.
PART VIII―MISCELLANEOUS AND OFFENCES
PROVISIONS
27― Monitoring and evaluation.
28― Protection from liability.
29― Wilful damage.
30― Destructive practices.
31― Setting fire.
32― Harmful chemicals.
33― Abstraction of water.
PART IX—PROVISIONS ON DELEGATED
POWERS
34― Making of regulations.
PART X—REPEALS AND TRANSITIONAL
35― Repeal of Cap. 347.
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THE IRRIGATION ACT, 2019

AN ACT of Parliament to provide for the development,
management and regulation of irrigation, to
support sustainable food security and
socioeconomic development in Kenya, and for
connected purposes
ENACTED by the Parliament of Kenya, as follows—
PART I —PRELIMINARY
1. This Act may be cited as the Irrigation Act, 2019. Short title.

2. In this Act, unless the context otherwise requires— Interpretation.

“agriculture” has the meaning assigned to it under No 13 of 2013.

section 2 of the Agriculture, Fisheries and Food Authority

Act, 2013;
“Authority” means the National Irrigation Authority
established under section 7;
“authorized” means authorized by or under this Act;
“Board” means the Board of the Authority established
under section 9;
“Cabinet Secretary ” means the Cabinet Secretary for
the time being responsible for matters relating to irrigation;
“Chief Executive Officer” means the Chief Executive
Officer of the Authority appointed under section 12;
“commercial irrigation farmer” means a farmer who
by means of irrigation grows crops primarily for sale;
“county irrigation development unit” means the unit or
entity established by a county government to carry out
irrigation matters under section 14;
“Department” means State Department of Irrigation;
“Dispute Resolution Committee” means the Dispute
Resolution Committee established under section 8(2)(d);
“farmer” includes a crop, livestock or fish farmer;
“irrigation” means any process, other than by natural
precipitation, which supplies water to crops or any other
cultivated plants, livestock, aquaculture and desired forest
trees;
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“irrigation scheme” means a systematic and orderly

irrigation system covering a defined area of land regardless
of the type or system of irrigation employed;
“irrigation management transfer” means the transfer to
the users of authority and responsibility for both
governance and delivery of management services in an
irrigation and drainage scheme;
“irrigation service fee” means the rates to be charged
to water users for receiving irrigation services;
“irrigation service plan” means the annual plan for
water acquisition and distribution, scheme maintenance and
repairs, other management tasks, staff and group labour
mobilization, budget and irrigation service fee;
“irrigation water user” means a member of a water
users’ association who uses water from an irrigation
scheme for an approved purpose such as for crops,
livestock, and fish farming;
“irrigation water users’ association” means any
association established under section 20;
“large scale irrigation scheme” means a scheme which
acreage size covers over three thousand acres, and is
developed and managed by the Authority, and is
established for national strategic purposes, or such schemes
as implemented by the private sector;
“licence” means a licence issued by the Cabinet
Secretary or such other person as the Cabinet Secretary
may authorize;
“medium scale irrigation scheme” means a scheme
which in acreage size covers over one hundred acres to
three thousand acres, and is implemented by the Authority,
or another state agency in collaboration with county
government, or such schemes as implemented by a private
entity;
“Ministry” means the Ministry for the time being
responsible for matters related to irrigation;
“monitoring and evaluation” means a system of
measuring, reporting and interpreting the quantity and
quality of inputs provided, actions implemented, immediate
outcomes achieved and ultimate impacts realized;
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“national irrigation scheme” means an area of land

designated as such by the Authority through a notice;
“Scheme Management Committee” means the Scheme
Management Committee established under section 8 (2)(c);
“smallholder irrigation and drainage scheme” means
an irrigation scheme that is developed, owned and
managed by communities as irrigation water user groups or
individual farmers;
“small scale irrigation scheme” means a scheme
which in acreage size covers less than one hundred acres
and implemented by a county government, or by the
national government through Authority in case of trans
boundary or inter county schemes or strategic schemes or
such schemes as implemented by a private entity;
“storage” means infrastructure and practices designed
to capture and store water for use in irrigation;
“Water Tribunal” means the Water Tribunal No. 43 of 2016.
established under section 119 of the Water Act, 2016;
“water harvesting” means activities where water from
rainfall or surface runoff is collected, diverted, stored and
utilized; and
“Water Resources Authority” has the meaning
assigned to it under section 2 of the Water Act, 2016. No. 43 of 2016.

3. (1) The provisions of this Act shall apply to matters Scope of

application.
relating to the development, management, financing,
provision of support services and regulation of the entire
irrigation sector in Kenya.
(2) Upon the commencement of this Act, no irrigation
development may be carried out in Kenya otherwise than
under this Act.
4. The provisions of this Act shall prevail in case of Act to prevail in
irrigation matters.
any inconsistency between this Act and any other
legislation in matters relating to irrigation.
5. In discharging functions under this Act, the Cabinet Guiding
principles.
Secretary, any State corporation established under this Act,
county governments and any person or persons
administering or applying this Act, shall be guided by the
principles and values set out in Articles 10, 43, 60 and 232
of the Constitution.
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PART II—DEVELOPMENT, MANAGEMENT

AND REGULATION OF IRRIGATION
6. (1) The Cabinet Secretary shall develop, manage Role of national
government.
and regulate irrigation throughout Kenya and to this extent
shall ensure the effective exercise and performance by any
authority or person under the authority of the Cabinet
Secretary of their powers and duties in relation to irrigation
and drainage, including water harvesting and storage for
irrigation.
(2) Without prejudice to the generality of the
foregoing, the Cabinet Secretary shall have responsibility
with regard to development and management of irrigation
to—
(a) formulate policies, make legislative proposals to
Parliament, provide sector regulation,
coordination and guidance, and monitoring and
evaluation;
(b) develop general principles, guidelines and
standards for promoting development and for the
coordination of irrigation planning;
(c) establish, through a gazette notice, national,
public or strategic schemes of any category as
defined in this Act;
(d) promote the use of efficient irrigation systems
across the country;
(e) subject to resource constraints, ensure availability
and adequacy of water for irrigation;
(f) receive and determine applications for any
irrigation projects, including issuance of
irrigation licences for irrigation schemes;
(g) monitor and enforce conditions attached to
licenses for all irrigation projects;
(h) report to both Houses of Parliament annually, and
from time to time as may be necessary, on the
state of, and needs for, irrigation development
and management in the country;
(i) in collaboration with county governments, gather
information and maintain data bases on irrigation
development and management including data on
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2019 Irrigation No. 14  

irrigation water supplies, demands, projects,

irrigated areas, management performance,
potential for expansion and human resources;
(j) conduct periodic technical and management
audits of irrigation schemes
infrastructure, governance, management and
financing;
(k) maintain storage investments for their proper use
implementation; and
(l) carry out other mandate as may be specified in
this Act or any other written law.
(3) The Cabinet Secretary shall, in the performance of
the functions under this section and in order to encourage
broad support for irrigation development and management,
consult and seek the co-operation of—
(a) other ministries and agencies of the National
Government;
(b) the Council of County Governors;
(c) county governments; and
(d) non-government entities.
(4) The Cabinet Secretary shall, in consultation with
the county governments and other stakeholders, formulate
and publish in the Kenya Gazette, a five-year national
irrigation services strategy, based on, among others, the
national irrigation policy for the time being in force.
(5) The Cabinet Secretary shall ensure effective
implementation of the national irrigation services strategy
and to this end shall institute reviews aligned to planning
cycles or at such times as the Cabinet Secretary may
determine.
(6) The Cabinet Secretary may exercise any or some
of the duties and functions under subsection (1) above
directly or through the Authority.
PART III—THE NATIONAL IRRIGATION
AUTHORITY
7. (1) There is established an authority to be known as Establishment of
the Authority.
the National Irrigation Authority.
(2) The Authority shall be a body corporate with
perpetual succession and a common seal, and shall, in its
corporate name, be capable of—
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No. 14 Irrigation 2019

(a) suing and being sued;

(b) taking, purchasing or otherwise acquiring,
holding, charging or disposing of movable and
immovable property;
(c) borrowing or lending money;
(d) entering into contracts; and
(e) doing such other acts necessary for the proper
performance of the functions of the Authority.
(3) The headquarters of the Authority shall be in
Nairobi.
(4) The Authority may establish such regional, county,
catchments or sub-catchment or sub-county level offices as
the Board, may consider necessary.
8. (1) The functions of the Authority shall be to— Powers and
functions of the
Authority.
(a) develop and improve irrigation infrastructure for
national or public schemes;
(b) provide irrigation support services to private
medium and smallholder schemes, in consultation
and cooperation with county governments and
other stakeholders;
(c) provide technical advisory services to irrigation
schemes in design, construction supervision,
administration, operation and maintenance under
appropriate modalities, including agency
contracts, as may be elaborated in regulations to
this Act.
(2) The Authority shall exercise all such powers
necessary to enable it to perform its functions under this
Act and, without prejudice to the generality of the
foregoing, the Authority may—
(a) undertake irrigation development, including
infrastructure, in national or public and
smallholder schemes, including schemes which
traverse or straddle more than one county;
(b) in consultation with county governments,
facilitate formation and strengthening of
irrigation water users’ associations at scheme
level for operation, maintenance and
management;
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(c) in consultation with the county governments and

other stakeholders facilitate formation and
strengthening of scheme management committees
at scheme level for management of the schemes;
(d) in consultation with the county governments and
other stakeholders facilitate formation and
strengthening of dispute resolution committees at
scheme level for the resolution of disputes
relating to scheme management;
(e) in consultation with the Cabinet Secretary, the
Cabinet Secretary for the time being responsible
for finance, and the county governments raise
funds for the development of infrastructure in
national, public and smallholder schemes under
appropriate mechanisms, including under agency
contracts;
(f) in consultation with the Cabinet Secretary and
county governments, co-ordinate and plan
settlement on national or public irrigation
schemes, as well as schemes which traverse or
straddle more than one county and determine the
number of settlers thereof;
(g) provide technical advisory services on a
commercial basis, on irrigation water
management, including water harvesting and
storage, and waste water recycling for
agricultural use to all schemes under appropriate
modalities, including agency contracts;
(h) in collaboration with county governments, the
private sector, civil society organizations and
other stakeholders, provide technical advisory
services to community and smallholder
irrigation schemes concerning design,
construction supervision, administration and
maintenance of irrigation infrastructure under
appropriate modalities, including agency
contracts;
(i) facilitate linkages between and among the
National Government and county governments,
private sector, civil society organizations,
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No. 14 Irrigation 2019

communities and other stakeholders for the

provision of support services to irrigation water
user associations;
(j) provide land in national irrigation schemes for
public purposes;
(k) in collaboration with county governments and
other stakeholders, promote the marketing, safe
storage and processing of crops, animal and fish
products grown or produced on national and
other irrigation schemes and to liaise in this
regard with other responsible state agencies and
organizations;
(l) in collaboration with county government and
other stakeholders and government agencies
carry out periodic researches to determine and
make recommendation on fair prices for crops,
animals and fish products grown or produced on
national and other irrigation schemes;
(m) prepare and submit to the Cabinet Secretary,
through the Principal Secretary, annual and other
periodic reports concerning the performance of
its mandate and functions; and
(n) advise the Cabinet Secretary, through the
Principal Secretary, on any matter in connection
with the development, maintenance, expansion
and availability of irrigation support services.
9. (1) There shall be a Board of the Authority which The Board of
Authority.
shall consist of—
(a) a chairperson, who shall be appointed by the
President subject to subsection (4);
(b) the Principal Secretary responsible for Irrigation
or his representative;
(c) the Principal Secretary responsible for finance or
his representative;
(d) the principal secretary responsible for Agriculture
or his representative;
(e) the Principal Secretary for the time being
responsible for water or his representative;
(f) two persons nominated by the Council of County
Governors and appointed by the Cabinet
Secretary;
(g) one person nominated by the registered
association representing the largest number of
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2019 Irrigation No. 14  

entities in the private sector in Kenya and

appointed by the Cabinet Secretary; and
(h) one person nominated by irrigation farmers
associations and appointed by the Cabinet
Secretary.
(2) The members of the Board shall—
(a) reflect gender and regional balance in accordance
with the Constitution; and
(b) be reflective of an appropriate professional,
disciplinary and stakeholder mix.
(3) The Chief Executive Officer of the Authority shall
be an ex officio member of the Board.
(4) A person shall be qualified for appointment as
Chairperson of the Board if such a person—
(a) is a citizen of Kenya;
(b) meets the requirements of leadership and
integrity set out in Chapter 6 of the Constitution;
and
(c) holds relevant academic and professional
qualification including a university degree or its
equivalent in any field.
(5) The Board may from time to time establish
committees for better carrying out of its functions.
10. The conduct of business of the Board shall be in Conduct of
business of the
accordance with the Schedule. Board.
11. (1) The Board shall have all powers necessary for Powers of the
Board.
the proper performance of the functions of the Authority
under this Act.
(2) Without prejudice to the generality of the
foregoing the Board shall have power to—
(a) secure continuing improvement of performance,
protect the long term viability, and ensure fiscal
discipline of the Authority;
(b) administer the assets of the Authority in such
manner as best promotes the purposes for which
the Authority is established;
(c) ensure protection of the assets and developments
of the Authority;
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(d) determine the provisions to be made for capital

and recurrent expenditure and for the reserves of
the Authority;
(e) receive any grants, gifts, donations or endowment
and make legitimate disbursements therefrom;
(f) invest any funds of the Authority not
immediately required for its purposes;
(g) undertake any activity necessary for the
fulfilment of any of the functions of the
Authority.
12. (1) There shall be a Chief Executive Officer of the Chief Executive
Officer.
Authority who shall be appointed by the Cabinet Secretary
on recommendation of the Board on a competitive basis
and on such terms and conditions as may be specified in the
instrument of appointment.
(2) A person shall be qualified to be appointed as
Chief Executive Officer of the Authority if that person—
(a) is a citizen of Kenya;
(b) meets the requirements of leadership and
integrity set out in Chapter 6 of the Constitution;
(c) holds relevant academic and professional
qualifications including a university degree in
engineering or agriculture or any field related to
irrigation; and
(d) has at least fifteen years’ experience in the
management of a public or private institution,
five of which should be at senior management
level, or is a distinguished scholar in a discipline
relevant to irrigation.
(3) The Chief Executive Officer shall be responsible to
the Board for the day-to-day management of the affairs of
the Authority and for the performance of any other
functions as the Board may direct, and shall be the
accounting officer of the Authority.
(4) The Chief Executive Officer shall hold office for a
term of three years and is eligible for re-appointment for a
further term of three years.
(5) The Chief Executive Officer may be removed from
office by the Cabinet Secretary on the recommendation of
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2019 Irrigation No. 14  

the Board in accordance with the terms and conditions of

service.
13. Subject to the provisions in section 34 regarding Other staff.

transitional arrangements, the Authority may engage such

other officers and staff as it may consider sufficient for the
performance of its functions under this Act on such terms
and conditions as are provided in approved establishment.
PART IV— RESPONSIBILITY OF COUNTY
GOVERNMENTS
14. (1) Each county government may, within its area Role of county
government.
of jurisdiction, establish a county irrigation development
unit for the better carrying out of its functions with respect
to irrigation pursuant to Part 2 of the Fourth Schedule of
the Constitution.
(2) Each county government shall, for purposes of
ensuring uniformity and national standards in the irrigation
sub-sector, through its legislative and administrative action,
implement and act in accordance with the national policy
guidelines issued by the Cabinet Secretary and approved by
both Houses of Parliament.
(3) The county irrigation development units
established under subsection (1) shall have the following
functions—
(a) formulate and implement county irrigation
strategy in collaboration with relevant
stakeholders, in line with national policies and
strategies;
(b) develop and maintain an irrigation database and
integrate systematic monitoring and evaluation;
(c) identify community-based smallholder schemes
for implementation in line with national
guidelines;
(d) mainstream irrigation related statutory
obligations such as those that relate to the
environment, water and health;
(e) provide capacity building for farmers and support
establishment of viable farmer organizations, and
in particular irrigation water users associations to
develop and manage irrigation schemes
including actively participating in conflicts
resolution within irrigation schemes;
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No. 14 Irrigation 2019

(f)
set up measures to implement adaptation and
mitigation to climate change, and enhance
sustainable environmental management.
PART V— IRRIGATION SERVICES
15. (1) The Cabinet Secretary shall, subject to water Water for
irrigation.
and other resource constraints, and in consultation with
county governments, and other stakeholders ensure the
adequacy and quality of water for irrigation purposes
throughout the country.
(2) Pursuant to subsection (1), the Cabinet Secretary
shall take measures to—
(a) approve appropriate tariff structures and make
arrangements with the Water Resources Authority
in respect of requisition of irrigation water in bulk;
(b) seek advice of the Water Resources Authority on
the development of new irrigation water sources,
including water harvesting, flood control and
storage for irrigation;
(c) approve appropriate arrangements on inter-
catchment transfers of irrigation water in
consultation with county governments and Water
Resources Authority;
(d) develop a mechanism on return on investment
formula resulting from construction of irrigation
schemes using public funds; and
(e) develop guidelines on private sector involvement
at various stages of the irrigation project
implementation cycle.
16. (1) The Cabinet Secretary may, in consultation Setting apart of
land, access rights
with the National Lands Commission, the Board and etc.
county governments, and by notice in the Kenya Gazette,
designate an area of land, for which an irrigation water
permit may be issued by the Water Resources Authority
and an irrigation license may be issued.
(2) In respect of land, other than public land, in a
national or public irrigation scheme, the Cabinet Secretary
shall, in accordance with the law for the time being relating
to the compulsory acquisition of land, take such steps as
may be necessary to acquire the right, title or interest in
such land and to vest it in the Department for the purposes
of this Act.
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2019 Irrigation No. 14  

(3) In the case of community land forming part of a

national or public irrigation scheme, the Cabinet Secretary,
on behalf of the Department, may take the land on lease
and on terms to be agreed between the Cabinet Secretary
and the county government concerned.
(4) In default of agreement between the Cabinet
Secretary and the county government as to the terms of a
lease under subsection (3) of this section, the relevant
No. 6 of 2012.
provisions of the Land Act, 2012, shall have effect.
(5) The Cabinet Secretary shall, in collaboration with
county governments support and facilitate access rights to
land for all irrigators on national irrigation schemes in
order to provide livelihoods for poor and vulnerable
persons and groups, and adequate security for investments
in land improvement and the irrigation schemes.
(6) The Cabinet Secretary shall, in consultation with
county governments, ensure that the design of national or
public irrigation schemes and others, takes into account the
needs of various irrigation water users, including livestock
and fish producers and the impact the irrigation scheme is
likely to have on the environment.
17. (1) The Cabinet Secretary shall in consultation Administrative
and legal
with the council of county governors prescribe framework for
administrative and regulatory framework— water storage.

(a) for management and development of water

storage infrastructure, and flood control and land
reclamation, dams and dykes; and
(b) for water storage creation requirement on all
existing and future irrigation projects.
(2) Despite the provisions under subsection (1), the
Cabinet Secretary shall, in consultation with the county
governments, ensure that irrigation developments are
planned and implemented within the framework of
Integrated Water Resources Management, and in
accordance with agreements between irrigation and other
stakeholders, in such a manner as to reduce water resource
conflicts, protect the environment and public health, and
share water appropriately and equitably for multiple uses.
18. (1) The Cabinet Secretary shall take legislative and Irrigation
research,
administrative measures to ensure that irrigation research, innovation and
innovation and training functions are carried out and training.
appropriately co-ordinated.
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No. 14 Irrigation 2019

(2) Each county government may identify priority

irrigation research, innovation and training areas and
participate in irrigation research, innovation and training
processes, in collaboration with the national government.
19. (1) The Cabinet Secretary shall, through the Management of
irrigation
Authority, oversee management of existing and new schemes.
national or public schemes, except those under county
governments, and particularly storage dams, intake, main
and secondary systems as necessary.
(2) The Cabinet Secretary, through the Authority, shall
provide resources and direction for capacity building and
technical services to irrigation water users associations,
scheme management committees, dispute resolution
committees and other farmer associations to enable them to
progressively accept and assume full responsibility for
management of national or public schemes under
appropriate agency contracts with the National Government
or county governments, as the case may be.
(3) Despite any agency contracts between the National
Government or county governments and any irrigation
water users’ association, scheme management committees,
dispute resolution committees under subsection (2), all
assets of the national or public irrigation schemes shall
remain vested in the national government or county
government as appropriate, which shall also retain
regulatory oversight over governance, management and
financing of such schemes.
(4) The Cabinet Secretary shall, through the Authority
and in collaboration with county governments and relevant
stakeholders provide support, subject to availability of
resources, and direction for capacity building and technical
advisory services to irrigation water users’ associations,
scheme management committees, dispute resolution
committees and other farmer associations to enable them to
take over governance and management responsibility for
smallholder schemes as soon as possible after they are
developed.
20. (1) A resident of a catchment area who is a crop Formation of
irrigation water
farmer, livestock producer, fish pond user, or small rural users’
industry entrepreneur or otherwise uses water for irrigation associations.
purposes from a common water source may, together with
other members or persons resident in the same area, form
or join an irrigation water users’ association.
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(2) Where an association pre-exists an irrigation

scheme, the said association may be recognized as the bona
fide association to operate and maintain a scheme
established in the association’s area of coverage, and more
than one association may operate and maintain a scheme on
appropriate and mutually agreed terms.
(3) An association may, with the approval of the
Cabinet Secretary, enter into an agreement with the
National Government, a county government, a private
sector institution or another farmers’ association for the
establishment, expansion, implementation, improvement,
modernisation, operation or maintenance of a scheme.
(4) Despite sub-section (3), an association may enter
into cost-sharing agreements with the National
Government, county governments, private sector
institutions or other farmers’ associations for implementing
improvements, modernization, establishment or expansion
of a scheme, subject to approval by the Cabinet Secretary
and concurrence of the National Treasury.
(5) The Cabinet Secretary, in consultation with county
governments, may make rules for the establishment and
governance of irrigation water users’ associations under
this section.
PART VI— FINANCIAL PROVISIONS
21. The funds and assets of the Authority shall consist Finances of the
Authority.
of—
(a) such monies as may be appropriated by the
National Assembly for the purposes of the
Authority;
(b) any monies or property which may in any manner
accrue or vest in the Authority in the course of
the exercise of its functions under this Act;
(c) such monies as may become payable to the
Authority by way of fees in respect of services
rendered by or through the Board; and
(d) all monies from any other sources provided,
donated or lent to the Authority.
22. (1) At least five months before the commencement Annual estimates.

of each financial year, the Authority shall cause to be

prepared estimates of the revenue and expenditure of the
Authority for that year.
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No. 14 Irrigation 2019

(2) The annual estimates shall make provision for all

the estimated expenditure of the Authority for the financial
year concerned and in particular shall provide for—
(a) the payment of salaries, allowances and other
charges in respect of the staff of the Authority
and the Board of the Authority as the case may
be;
(b) the payment of pensions, gratuities and other
charges in respect of retirement benefits which
are payable out of the funds of the Authority;
(c) the acquisition, maintenance, repair and
replacement of the equipment and other movable
property of the Authority; and
(d) the creation of such reserve funds to meet future
or contingent liabilities in respect of retirement
benefits, insurance and the replacement of
buildings or equipment, or in respect of such
other matters as the Board may deem fit.
(3) The annual estimates shall be approved by the
Board at least two months before the commencement of the
financial year to which they relate and shall be submitted to
the Cabinet Secretary.
(4) No expenditure shall be incurred for the purposes
of the Authority except in accordance with the annual
estimates approved under subsection (3) or in pursuance of
an authorization of the Board given with prior written
approval of the Cabinet Secretary and the Cabinet Secretary
to the National Treasury.
23. The Board shall ensure that proper books of Accounts and
Audit.
account of the income, expenditure, assets and liabilities of
the Authority are kept, and shall in this regard be subject to
Cap. 446.
the provisions of the State Corporations Act.
24. (1) The Board shall, within a period of seven Annual reports.

months after the end of each financial year, or within such

longer period as the Cabinet Secretary may approve, submit
to the Cabinet Secretary a report on the operations of the
Authority during that year, and the auditor's report, together
with the yearly balance sheet and such other statements of
account as the Cabinet Secretary shall require, and the
Board shall publish them in such manner as the Cabinet
Secretary may specify.
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(2) A copy of every auditor's report, balance sheet and

other statements of accounts submitted in accordance with
subsection (1) shall be sent by the Authority to the Auditor-
General, who may at any time examine the accounts, and
the Auditor-General shall be entitled to require from the
Authority and its auditors such further information and
explanation as he may consider necessary.
(3) The financial reports of the Authority with the
yearly balance sheet and such other statements of account
as the Cabinet Secretary may deem appropriate, together
with the auditor's report and any report made by the
Auditor-General, shall be submitted through the Principal
Secretary and the same shall be laid by the Cabinet
Secretary before Parliament as soon as possible after it has
been submitted to the Cabinet Secretary and shall
constitute an integral part of the Cabinet Secretary’s report
required under this section.
PART VII—DISPUTE RESOLUTION
25. (1) Disputes related to irrigation and drainage Dispute
resolution.
scheme development, management, water allocations and
delivery, financing, operation and maintenance and other
matters shall be resolved within the irrigation water users
association or at irrigation scheme level wherever possible.
(2) Each association which is legally registered shall
have a Dispute Resolution Committee that consists of at
least three members selected by its governing body.
(3) Decisions regarding any dispute contemplated
under this section shall be made by the relevant Dispute
Resolution Committee within thirty days of the hearing of
the dispute in question.
26. Where the water users association or at the Appeals.

irrigation scheme level is unable to resolve a dispute, the

same shall be referred to the Dispute Resolution Committee
at the first instance to consider and determine the matter
before the same is referred to Court.
PART VIII—MISCELLANEOUS AND
OFFENCES PROVISIONS
27. (1) The Cabinet Secretary shall, in consultation Monitoring and
evaluation.
with the county governments—
(a) develop and implement a monitoring and
evaluation system for the development,
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governance, management and financing of

irrigation at all levels, and this may include
assessment of inputs, immediate outcomes and
ultimate impacts based on the results; and
(b) conduct periodic irrigation management and
performance audits in strategically important
schemes, and may assess the financial
management and quality of governance obtaining
in the schemes.
28. No liability shall attach to the Authority or its Protection from
liability.
Board or its members, officers, agents or servants for any
loss or damage sustained by any person as a result of any
act or omission done or omitted to be done in good faith
and without negligence in the performance or exercise of
any duty or power imposed or conferred by or under this
Act.
29. Any person who wilfully damages an irrigation Wilful damage.

infrastructure, water course, equipment or other appliances,

or steals or otherwise unlawfully tampers or interferes with
such infrastructure, watercourse, equipment, or other
appliance, commits an offence and shall be liable upon
conviction to a fine not exceeding one million shillings or
to imprisonment for a term not exceeding 24 months or to
both such fine and imprisonment.
30. Any person who— Destructive
practices.
(a) engages in activities or practices which are
destructive or potentially destructive to the
catchment areas of a river or public water body
supplying water to an irrigation scheme; or
(b) permits or causes animals to damage irrigation
areas or infrastructure,
that person commits an offence and shall be liable
upon conviction to a fine of not more than five hundred
thousand shillings or to imprisonment for a term not
exceeding 12 months or to both such fine and
imprisonment.
Setting fire.
31. Any person who—
(a) sets or causes to be set on fire on an irrigation
scheme or on any irrigated or drained farm,
garden or plot; or
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(b) being a person with responsibility over any

aspect of an irrigation scheme, without
reasonable excuse or cause, refuses to assist in
averting, fighting or extinguishing a fire on an
irrigation and or drainage scheme or on any
irrigated and or drained farm, garden or plot,

that person commits an offence and shall be liable

upon conviction to a fine not exceeding five hundred
thousand shillings or to imprisonment for a term not
exceeding 12 months or to both such fine and
imprisonment.
Harmful
32. Any person who applies or causes to be applied chemicals.
on an irrigation scheme, farm, garden or plot under
irrigation any chemicals or substances prohibited under this
Act or any other law for the time being in force, commits
an offence and shall be liable on conviction to a fine not
exceeding one million shillings or to imprisonment for a
term of five years or to both such fine and imprisonment.
Abstraction of
33. Any person who abstracts water from an water.
irrigation system or disrupts the distribution plan of a
scheme commits an offence and shall be liable on
conviction to a fine not exceeding two hundred and fifty
thousand shillings or to imprisonment for a term of one
year or to both such fine and imprisonment.
PART IX—PROVISIONS ON DELEGATED
POWERS
34. (1). The Cabinet Secretary may, in consultation Making of
Regulations.
with county governments, make Regulations, for the better
carrying out of the purposes and provisions of this Act.
(2) The regulations made under this section shall be
approved by both Houses of Parliament.
(3) Without prejudice to the generality of the
foregoing, Regulations made under this section may
provide for—
(a) the management of national, public and other
irrigation schemes;
(b) the standards of good on-farm water
management;
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(c) the regulation of, and tariffs payable for, the use
of water on national, public and other irrigation
schemes;
(d) the control of persons occupying any land
comprising or forming part of a national
irrigation scheme, the introduction of or the
control of settlers on such land, the issue by the
Authority as the case may be, of licenses or
permits or leases to such persons or settlers, the
revocation of such licenses and leases, and the
terms and conditions which may be attached to
such licenses and leases;
(e) the requirements, procedures and forms for
licensing of irrigation schemes;
(f) the establishment, operations and governance of
irrigation water users’ associations, scheme
management committees and dispute resolution
committees;
(g) prescribe fees payable by irrigation water users
based on costs of operation and maintenance of
the scheme;
(h) monitoring and evaluation and audits required
under the Act; and
(i) adherence to environmental and public health
matters.
(3) Any Regulations made under this section may—
(a) require acts to be performed to the satisfaction of
a prescribed authority, may prohibit their
performance without the prior approval of a
specified authority, and may empower a specified
authority to impose conditions for the
performance of specific acts;
(b) be made to apply generally to all irrigation
schemes or to any specified irrigation or to any
specified area or areas thereof;
(c) provide for such penalty for the breach of any
provision thereof, not exceeding a fine of fifty
thousand shillings and or imprisonment for one
year, as the Cabinet Secretary may regulate from
time to time.
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(4) The Cabinet Secretary shall publish the regulations

required under this Act in the Gazette within ninety days of
the enactment of this Act.
PART X—REPEALS AND TRANSITIONAL
PROVISIONS
35. (1) The Irrigation Act is repealed. Repeal of Cap.
347.
(2) Notwithstanding subsection (1) and upon
commencement of this Act—
(a) all the funds, assets and other property, both
movable and immovable which were vested in
the National Irrigation Board shall, by virtue of
this paragraph, vest in the Authority;
(b) all rights, powers and liabilities which were
vested in, imposed on or enforceable against the
National Irrigation Board shall, by virtue of this
paragraph, be vested in, imposed on or
enforceable against the Authority;
(c) any reference in any written law or in any
document or instrument to the National
Irrigation Board shall be construed to be a
reference to the Authority;
(d) the annual estimates of the National Irrigation
Board for the current financial year shall be
deemed to be the annual estimates of the
Authority for the remainder of that financial year:
Provided that such estimates may be varied by the
Authority in such manner as the Cabinet Secretary may
approve.
(e) the administrative directions made by the
National Irrigation Board or by the Cabinet
Secretary which were in force before the
commencement of this Act shall have force as if
they were directions made by the Authority or the
Cabinet Secretary under this Act;
(f) any person who, immediately before the
commencement of this Act, was an officer, agent,
or member of staff appointed, seconded or
deployed or otherwise employed by the National
Irrigation Board shall become an employee or
otherwise seconded or deployed to the Authority
on similar terms and conditions of service or as
may be provided by the law.
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SCHEDULE (s. 10)
PROVISIONS AS TO THE CONDUCT OF
BUSINESS AND AFFAIRS OF THE BOARD
1. The Chairperson or a member of the Board other Tenure of office.

than an ex officio member shall, subject to the provisions of

this Schedule, hold office for a period of three years, on
such terms and conditions as may be specified in the
instrument of appointment, but shall be eligible for re-
appointment for a further period of three years.
2. The Chairperson or a member other than an ex Vacation of
office.
officio member may—
(a) at any time resign from office by notice in
writing to the Cabinet Secretary;
(b) be removed from office by the Cabinet Secretary
on the recommendation of the Board if the
member—
(i) has been absent from three consecutive
meetings of the Board without the
permission of the Board;
(ii) is convicted of a criminal offence and
sentenced to imprisonment for a term
exceeding six months or to a fine exceeding
ten thousand shillings;
(iii) is incapacitated by prolonged physical or
mental illness; or
(iv) is otherwise unable or unfit to discharge his
functions.
3. (1) The Board shall meet not less than four times Meetings.

in every financial year and not more than four months shall
elapse between the date of one meeting and the date of the
next meeting.
(2) Despite the provisions of subparagraph (1), the
Chairperson may, and upon requisition in writing by at
least five members, convene a special meeting of the Board
at any time for the transaction of the business of the Board.
(3) Unless three quarters of the total members of the
Board otherwise agree, at least fourteen days written notice
of every meeting of the Board shall be given to every
member of the Board.
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(4) The quorum for the conduct of the business of the

Board shall be seven members including the Chairperson or
the person presiding.
(5) The chairperson shall preside at every meeting of
the Board of and in the absence of the chairperson, a
member of the Board elected by the members present from
among their numbers shall preside.
(6) Unless a unanimous decision is reached, a
decision on any matter before the Board shall be by a
majority of the votes of the members present and voting
and in the case of an equality of votes, the Chairperson or
the person presiding shall have a second or casting vote.
(7) Subject to paragraph (4), no proceedings of the
Board shall be invalid by reason only of a vacancy among
the members thereof.
(8) Subject to the provisions of this Schedule, the
Board may determine its own procedure and the procedure
for any committee of the Board and for the attendance of
other persons at its meetings and may make standing orders
in respect thereof.
4. (1) If a member is directly or indirectly interested in Disclosure of
interest.
any contract, proposed contract or other matter before the
Board and is present at a meeting of the Board at which
contract, proposed contract or other matter is the subject of
consideration, he or she shall, at the meeting and as soon as
reasonably practicable after the commencement thereof,
disclose the fact and shall not take part in the consideration
or discussion of, or vote on, any questions with respect to
the contract or other matter, or be counted in the quorum of
the meeting during consideration of the matter.
(2) A disclosure of interest made under this paragraph
shall be recorded in the minutes of the meeting at which it
is made.
5. The affixing of the Common seal of the Authority Common seal.

shall be authenticated by the signature of the Chairperson

and the Chief Executive Officer and any document not
required by law to be made under seal and all decisions of
the Board may be authenticated by the signatures of the
Chairperson and the Chief Executive Officer:
Provided that the Board shall, in the absence of either
the Chairperson or the Chief Executive Officer in any
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particular matter, nominate one member to authenticate the

seal on behalf of either the Chairperson or the Chief
Executive Officer.
6. Any contract or instrument which, if entered into or Contracts and
instruments.
executed by a person not being a body corporate, would not
require to be under seal, may be entered into or executed on
behalf of the Board by any person generally or specially
authorized by the Board for that purpose.