| dc.description.abstract | The administration of water laws in the Republic of
Kenya is the subject of this dissertation. The law has been
administered by people with much practical experience but
without legal training. This dissertation tries to piece
together the law relating to water resources management and
control. To-date, there is no form of research which has been
done in this field of late. Yet water is amongst the most
important of our resources. This paper is an Endeavour to
bridge this conspicuous gap.
The paper looks at the provisions of the law, that is
the water Act, Chapter 372 of the Laws of Kenya. Then
comments would be made on these provisions, either as they
stand or as they operate in practice. In the end, recommendations
would be made after the shortcomings in the law and/or practice
have been pointed out.
The need to study the law and its administration in
relation to water resources has been added impetus by the
creation of the new Ministry of water Development in the
last quarter of 1974. Thus the then Water Department of
the Ministry of Agriculture was severed away and given an
enhanced status. This was a manifestation of the realization
of the importance of water.
Frantic efforts then began to fit into the present law
the new creation: The Ministry of Water Development had to
be substituted for the Minister of Agriculture who was hitherto
responsible for water matters. Same fate had to befall the
, Permanent Secretary, Ministry of Agriculture who had to be
replaced by the Permanent Secretary in the Ministry of water
Development . The latest development in this rather furious
pace to amend the water Act was the substitution of the High
Court for the Water Appeal Board in cases of appeals by
persons aggrieved by decisions of the “Apportionment Authorities"
under the water Act.
This was done by Act No. 8 of 1975 passed after this dissertation
had been completed. As such, the necessary changes could not be
effected in the body of the paper.
This kind of study is just beginning; and the field of
study so vast and unexplored that the dissertation cannot
satisfy all aspects of the law of resource management and
control. However, the writer will continue to make a deeper
study covering even a wider area when time is not an element
to be considered in doing the research. | |
