Kenya’s new water law: an analysis of the implications for the rural poor

Abstract

This paper analyses the implications of Kenya’s Water Act 2002 for the rural poor in the management of water resources and delivery of water services. The paper is premised on the belief that pluralistic legal frameworks are necessary for the effective management of water resources and delivery of water services to this group. The paper argues that, to the extent that the Water Act 2002 depends on state based legal frameworks, its effectiveness in meeting the needs of the rural poor will be limited, particularly given the limitations of technical and financial resources facing the Kenyan state. Consequently, it is necessary that a conscious policy of pursuing use of the limited opportunities the law presents be adopted in order to maximize the law’s potential in meeting the needs of the rural poor.