The Irrigation (Amendment) Bill, 2026

Background

The Irrigation (Amendment) Bill, 2026 seeks to improve efficiency in the management of water storage, harvesting, and irrigation throughout Kenya. Currently, these functions are split between two separate statutory bodies: the National Irrigation Authority (Cap. 347) and the National Water Harvesting and Storage Authority (established under the Water Act, Cap. 372). By merging these entities, the Bill aims to eliminate overlapping roles and consolidate national infrastructure projects under a single regulatory umbrella.

Key Amendments

• Creation of the Merged Authority: Section 7 of Cap. 347 is amended to replace the National Irrigation Authority with the National Irrigation and Water Storage Authority, constituting it as a body corporate with perpetual succession.
• Integration of Broad Definitions: Section 2 of Cap. 347 is expanded to define critical infrastructure concepts, including 'flood control,' 'irrigation infrastructure management,' 'irrigation scheme management,' and 'irrigation water storage.'
• Water Storage Policy: Section 17 is amended to mandate that the Cabinet Secretary, in consultation with the Water Resource Authority, the National Land Commission, and the Council of Governors, prescribe administrative and regulatory frameworks for national water storage.
• Infrastructure Oversight: Section 19 of the principal Act is amended to empower the Cabinet Secretary, through the new Authority, to oversee and operate irrigation infrastructure, excluding systems owned by county governments or local communities.

New Obligations

• Integrated Resource Management: The Cabinet Secretary must ensure that all planned irrigation developments align with Integrated Water Resources Management Principles to minimize resource conflicts and protect public health.
• Inter-Governmental Collaboration: The Authority is obligated to collaborate with county governments to coordinate irrigation infrastructure maintenance, management of water intake, and dispute resolution.

Transitional Provisions

Under the new Section 35A:

• Asset and Liability Vesting: All properties, liabilities, agreements, and contracts of the National Water Harvesting and Storage Authority (unrelated to Section 148 of the Water Act) will vest directly in the National Irrigation and Water Storage Authority.
• Pending Litigation: Active legal proceedings in any court, tribunal, or the Water Appeal Board involving the former National Water Harvesting and Storage Authority will continue uninterrupted under the name of the new unified Authority.
• Staffing Protections: Any individual employed by the National Water Harvesting and Storage Authority immediately prior to the commencement of the Act will automatically be deemed an employee of the National Irrigation and Water Storage Authority, subject to terms approved by the Salaries and Remuneration Commission.