The Irrigation Amendment Act No 33of 2022 - as Plain Text by MWakili

NATIONAL COUNCIL FOR LAW REPORTING SPECIAL ISSUE LIBRARY Kenya Gazette Supplement No.

123 (Acts No.

33) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 12th July, 2022 CONTENT Act PAGE The Irrigation (Amendment) Act, 2022 675 2 SEP 2022 KE\ .I's.

3, 271923 4 , F .;X: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 675 THE IRRIGATION (AMENDMENT) ACT, 2022 No.

33 of 2022 Date of Assent: 6th July, 2022 Date of Commencement: 26th July, 2022 AN ACT of Parliament to amend the Irrigation Act ENACTED by the Parliament of Kenya as follows Short title.

1.

This Act may be cited as the Irrigation (Amendment) Act, 2022.

Amendment of 2.

Section 2 of the Irrigation Act, 2019, in this Act Section 2 of No referred to as the principal Act, is amended 14 of 20 19.

(a) by deleting the definition of Department and substituting therefor the following new definition Department means the State Department responsible for matters relating to irrigation; r (b) by deleting the definition of irri gation and substituting therefor the following new definition irri gation means any hydraulic engineeri ng dri ven process, which supplies water to crops or any other cultivated plants, livestock, aquaculture No.

2 of 20 12.

and desired forest tress; (c) by inserting the following new definitions in proper alphabetical sequence a agency contract means a legal agreement creating that fiduciary relationship whereby the pri ncipal agrees subsequent actions by the agent are binding as if the pri ncipal acted thereupon; Council of Governors means the Council of County Governors established under the Intergovemmentd Relations Act, 2012; irri gators means the persons or entities which own, operate or manage an irri gation scheme; national irri gation scheme means an area of land a designated as such by the Cabinet Secretary through gazette notice; 676 2022 No.

33 Irrigation (Amendment) transboundary, trans-county or inter county irrigation scheme means a scheme whose area of coverage lies and across at least two administrative county boundaries; strategic irrigation scheme means a national or a county scheme which serves a specific production purpose.

Amendment of 3.

Section 3 of the principal Act is amended in section 3 of No 14 subsection (2) by inserting the words management and of 20 19.

regulation inunediately after the word development.

Amendment of 4.

Section 6 of the principal Act is amended in section 6 of No.

subsection (2) 14 of 20 19.

(a) by deleting the words and management appearing in the opening statement and substituting therefor the words management and regulation; (b) by deleting the word projects appearing in paragraph (g) and substituting therefor the word schemes; (c) by deleting the words and management 1 appearing in paragraph (h) and substituting therefor the words management and regulation; and (d) by deleting the words and management appearing in paragraph (i) and substituting therefor the words management and regulation.

Amendment of 5.

Section 8 of the principal Act is amended in section 8 of No.

subsection (2) by deleting paragraph (j) and substituting 14 of 20 19.

therefor the following new paragraph (j) provide, manage, and administer land in national or public irrigation schemes as well as inter county schemes for public use; Amendment of 6.

Section 9 of the principal Act is amended section 9 of No.

14 of 20 19.

(a) in subsection (1) (i) by deleting paragraph (f) and substituting therefor the following new paragraph (f) two persons of opposite gender and from different regions, with knowledge and experience in matters relating to water, agriculture, irrigation or environmental studies, appointed by the Cabinet r 677 2022 Irrigation (Amendment) No.

33 Secretary from a list of four nominees submitted by the Council of County Governors; (ii) by deleting paragraph (g) and substituting therefor the following new paragraph (g) one person with knowledge and experience in matters relating to civil engineering, economics, finance or rural development, appointed by the Cabinet Secretary from a list of three nominees submitted by a registered private sector membership organisation with a national outlook; (iii) by deleting paragraph (h) and substituting therefor the following new paragraph (h) one person appointed by the Cabinet Secretary out of three persons nominated by the National M gation Farmers f Associations; (b) in subsection (4) by deleting the words or its equivalent in any field appearing in paragraph (c) and substituting therefor the words in water engineering, civil engineering, agriculture, irrigation or environmental studies.

(c) by deleting subsection (5) and substituting therefor the following new subsection (5) The Board shall adhere to principles of corporate governance and may from time to time establish committees for the better carrying out of itsf unctions.

Amendment of 7.

Section 11 of the principal Act is amended in section 11 of No.

14 of 20 19.

paragraph (g) by inserting the word other immediately before the word activity.

Amendment of 8.

Section 13 of the principal Act is amended by section i3 of No.

deleting the expression section 34 and substituting 14 of 20 19.

therefor the expression section 35.

Amendment of 9.

Section 15 of the principal Act is amended in section 15 of No.

subsection (2) by deleting paragraph (a) and substituting 14 of 20 19.

therefor the following new paragraph 678 No.

33 Irrigation (Amendment) 2022 (a) in consultation with the Water Resources Authority, put in place appropriate water use fees structures and make arrangements with the Water Resources Authority in respect of requisition of irrigation water in bulk; Amendment of 10.

Section 16 of the principal Act is amended section 16 of No.

14 of 20 19.

(a) in subsection (2) by deleting the words the Department and substituting therefor the words the Authority; (b) in subsection (3) by deleting the words the Department and substituting therefor the words 6699 the Authority 11.

The principal Act is amended by repealing section 17 and replacing it with the following new section season n of No.

14 of 20 19.

Administrative and 17.

(1) The Cabinet Secretary shall in legal framework consultation with the Water Resource water storage.

Authority Secretary, the National Water Storage and Harvesting Authority, the National Land Commission, the Council of Governors and other stakeholders prescribe administrative and regulatory frameworks on within existing laws and regulations water storage existing and future irrigating requirements.

(2) Without prejudice to subsection (1), the Cabinet Secretary shall ensure that irrigation developments are planned and implemented (a) in accordance with Integrated Water Resources Management Principles; (b) in accordance with agreements between irrigation water users and other stakeholders; and (c) in such a manner as to reduce conflicts on water resources, protect the environment and public health and share water appropriately and equitably for multiple uses.

679 2022 Irrigation (Amendment) No.

33 Amendment of 12.

Section 20 of the pri ncipal Act is amended in section 20 of No.

14 of 20 19.

subsection (3) by inserting the words subject to mandatory approvals in accordance with regulations immediately after the w ord a scheme.

Amendment of 13.

Section 22 of the pri ncipal Act is amended in section 22 of No.

14 of 20 19.

subsection (2) by inserting the following new paragraphs immediately after paragraph (d) (e) estimated expenditure for development of infrastructure for the development of irri gation; (f) estimated expenditure f or the provision of irri gation services and advisory support.

Amendment of 14.

Section 27 of the pri ncipal Act is amended in section 27 of No.

14 of 20 19.

subsection (1) by deleting paragraph (a) and substituting therefor the following new paragraph (a) develop and i mplement a monitoring and evaluation system f or the development, governance, management, regulation, provision and financing of irri gation at all levels, including assessment of inputs, outputs immediate outcomes and ultimate impacts based on the results; Amendment of 15.

Section 34 of the pri ncipal Act is amended section 34 of No.

14 of 20 19.

(a) in subsection (3) by inserting the following new paragraphs immediately after paragraph (i) (j) development of irri gation i ncluding infrastmcture, f rameworks, complementary installations, water harvesting, storage, distri bution and licensing; and consultation.

(k) multi-government agencies collaboration, cooperation and accountability in the implementation of this Act.

(b) in subsection (4) by deleting the words within ( ninety days of the enactment of this Act appeari ng i mmediately after the words the Gazette and substituting therefor the words within eighteen months of the enactment of this Act or as otherwise determined upon consultation with stakeholders ; Amendment of the 16.

The Schedule to the pri ncipal Act is amended Schedule of No.

14 of 20 19.

(a) in paragraph 2 by inserting the following new subparagraph i mmediately after subparagraph (b).

680 No.

33 2022 Irrigation (Amendment) (c) be removed from office by the Cabinet Secretary if the member (i) contravenes the provisions of Chapter six of the Constitution; or (ii) acts in contravention of codes, policies and procedures in the public service, (b) in paragraph 3, by deleting the word seven and substituting therefore the word five appearing in subparagraph (4).

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