Water Sector Trust Fund wants Parliament to amend the Water Act, 2016 to provide for the financing by Water Sector Trust Fund of all institutions, utilities and players in the water sector.

Among the areas proposed for amendment are the object of the Fund, various definitions and functions of the Board of Trustees.

Appearing before the Senate Committee on Lands, Environment and Natural Resources, the Fund's Chief Executive Officer, Willis Ombai appealed to Lawmakers to consider amending the Act to enable the Fund to have a greater impact.

The Committee, which is chaired by Senator Mohamed Faki (Mombasa) heard that the proposed amendments are intended to strengthen the Fund's ability to support institutions across the water sector while remaining within the constitutional framework governing the distribution of functions between the national and county governments.

In its submissions, the Fund acknowledged that the Constitution assigns responsibility for policy formulation and oversight of water resources and natural resources management to the national government, while the implementation and delivery of water services are devolved functions undertaken by county governments.

Consequently, the Fund noted that granting the Water Sector Trust Fund a direct project implementation mandate would raise constitutional concerns, as it is a national government entity. Such a move would amount to an encroachment on functions constitutionally reserved for county governments and would therefore be inconsistent with the constitutional allocation of responsibilities.

Instead, the Fund proposed expanding the categories of institutions eligible to receive financial support from the Water Sector Trust Fund. It said this could be achieved through amendments to Sections 114 and 115 of the Water Act, 2016 to allow the Fund to finance all eligible entities operating within the water sector without altering the constitutional distribution of implementation functions.

The Fund argued that the proposed approach would enhance access to financing for water sector players, strengthen service delivery and ensure that the Trust Fund continues to fulfil its mandate while respecting the principles of devolution enshrined in the Constitution.

The Committee resolved, following several contributions to undertake further deliberations on the proposal before determining the way forward.