Irrigation (General) Regulations

AI-assisted research summary: These regulations may be cited as the Irrigation (General) Regulations.

AI-assisted research summary: This section lists definitions used in the Regulations (interpretation of terms such as "Act", "association", "service provider", etc.).

AI-assisted research summary: The Regulations apply pursuant to and in furtherance of section 3 of the Act.

AI-assisted research summary: The Regulations are for sustainable development, management, financing, provision of support services and effective regulation of the entire irrigation sector in Kenya.

AI-assisted research summary: Requires a pre-feasibility study report or an initial project identification concept note showing viability.

AI-assisted research summary: Anyone seeking to develop an irrigation scheme must undertake a feasibility study before starting construction, include specified study components, prepare the report as set out in Part B of the First Schedule, submit it to the supervising entity for review, and the supervising entity must issue a "no objection" within thirty days if satisfactory.

AI-assisted research summary: Irrigation schemes must be designed and their construction supervised by a qualified and experienced irrigation firm or professional of the appropriate category; schemes must be constructed by a contractor from the appropriate category; contractors undertaking irrigation works must be registered in accordance with section 15 of the National Construction Authority Act (Cap. 118).

AI-assisted research summary: The Authority, County Irrigation Development Unit or other authorised agency must ensure a submitted detailed design report meets technical requirements before approving an irrigation scheme.

AI-assisted research summary: Requires the irrigation scheme completion report in the form set out in Part D of the First Schedule.

AI-assisted research summary: Irrigation service providers must be certified by the relevant regulatory bodies; the Cabinet Secretary must prepare and maintain an inventory of irrigation service providers in the form set out in Part A of the Fifth Schedule.

AI-assisted research summary: The Authority may, subject to applicable national laws and in appropriate cases, engage in public–private partnerships or other contractual arrangements for development, operation and maintenance of irrigation infrastructure.

AI-assisted research summary: A County Government may, pursuant to section 14 of the Act and by notice in the Gazette, establish a County Irrigation Development Unit to better carry out its irrigation development functions.

AI-assisted research summary: Anyone developing or intending to develop a community-based smallholder irrigation scheme must comply with regulations 5, 6, 7, 9, 10, 11, 12, 13 and 14 and other relevant provisions of these Regulations.

AI-assisted research summary: Irrigation development must be undertaken within the context of national, county and investment master plans and respective strategic plans, and guided by listed principles including compliance with statutory requirements; water availability and reliability; efficient water use; quality standards; participatory development; gender mainstreaming and social inclusion; sustainability; climate change resilience; and ecosystem services integration.

AI-assisted research summary: Specifies which bodies must supervise different scales/types of irrigation schemes and who must comply when implementing projects.

AI-assisted research summary: Pursuant to section 16(1) of the Act, an area deemed suitable for medium and large scale irrigation schemes may be designated as an irrigation area for purposes of the Act.

AI-assisted research summary: The Cabinet Secretary may establish a national, public or strategic irrigation scheme of any category for purposes of the Act.

AI-assisted research summary: Irrigation users and developers must implement water harvesting and storage (to meet at least three months’ demand where practical); recycled wastewater may be considered if it meets specified quality standards; bulk storage developers may supply water at tariffs approved by the Cabinet Secretary in consultation with the Water Resources Authority; users must obtain water use rights under the Water Act; water users associations are responsible for acquiring water use rights for certain public or community schemes.

AI-assisted research summary: Persons or entities must not operate an irrigation scheme without an irrigation licence; associations undertaking irrigation in public settlement schemes must obtain an irrigation licence; household manual subsistence irrigation is excepted; designation under regulation 7 is a prerequisite for issuance for medium and large schemes.

AI-assisted research summary: Section 20 lists application materials, who may apply, the decision options, assignment of a scheme number by the Cabinet Secretary or authorised person, and penalties for operating schemes by scale.

AI-assisted research summary: Creates a Licensing Unit responsible for receiving and deciding irrigation licence applications, monitoring and verifying licence compliance, enforcing licence conditions for irrigation schemes, and staffing the Unit with necessary officers.

AI-assisted research summary: Officers of the supervising entity, Licensing Unit and other government agencies may access irrigation infrastructure and related sites to monitor licence compliance; persons or entities operating an irrigation scheme must not deny such officers access to those sites to perform those functions.

AI-assisted research summary: The Cabinet Secretary must maintain a register of all irrigation licences and licensed irrigation schemes.

AI-assisted research summary: Irrigation licences are valid for three years and may be renewed.

Provision text is not available in this stored record.

AI-assisted research summary: All irrigation schemes must be managed according to the principles set out in the Act and these Regulations.

AI-assisted research summary: Public or national irrigation schemes meant for settlement must be managed through scheme management committees, Dispute Resolution Committees and irrigation water users’ associations.

AI-assisted research summary: Scheme management committees must be established: generally in accordance with section 8(2)(c) of the Act; for national or public schemes by the Cabinet Secretary through the Authority in accordance with section 19(1); and for county public schemes by the respective Governor.

AI-assisted research summary: The scheme management committee is stated to provide oversight on scheme development and management.

AI-assisted research summary: Specifies the composition of management committees for national or public irrigation schemes, listing members and arrangements for schemes that span multiple counties.

AI-assisted research summary: Lists the members who constitute the scheme management committee for a county public irrigation scheme, naming specific county and authority officials and representatives of user and farmer organisations.

AI-assisted research summary: Scheme management committees must set meeting schedules, meet quarterly, hold meetings at the scheme premises, and form sub‑committees; they may invite relevant professionals to deliberations, and membership includes specified officials and representatives.

AI-assisted research summary: Allows an order for the destruction of crops planted in contravention of the irrigation schedule, designated cropping area or the Regulations.

AI-assisted research summary: The section contemplates directing a person to take steps specified by the scheme management committee to remedy negligence.

AI-assisted research summary: People who wish to live, occupy or run irrigation-related businesses in national, public or county schemes must apply for a land user permit from the Authority or County Irrigation Development Unit; tenants with a licence shall be issued a permit to occupy; permit holders must be bona fide members of the scheme's registered association.

AI-assisted research summary: Section 36 lists conditions related to grant of a permit: the applicant must have the Regulations explained in a language they understand, be given a copy, and provide an acknowledgement; the holder must follow multiple cultivation, maintenance and participation obligations and require permission before allowing others to occupy or cultivate the holding.

AI-assisted research summary: This section governs nomination and succession of a permit holder: a permit holder may nominate a successor in writing; the permit holder may revoke/alter the nomination; if no nomination exists an authorised dependant must nominate a successor within one month (subject to committee approval) and may appeal within thirty days; successful appeals require nomination within one month.

AI-assisted research summary: The Authority or the County Irrigation Development Unit must keep a register of all permits issued under these Regulations.

AI-assisted research summary: Permits for holders under settlement schemes have perpetual validity; permits for holders under lease agreements have validity according to their contract. Renewal of permits is subject to regulation 35 and may occur based on the defined validity period.

AI-assisted research summary: Persons dissatisfied with revocation of a permit may appeal in writing to the Cabinet Secretary or the County Executive Committee Member.

AI-assisted research summary: When a permit is revoked, the scheme management committee must form an ad-hoc sub-committee (with Authority/County Irrigation Development Unit and representatives of outgoing and incoming permit holders); that sub-committee must assess any amount due to the outgoing permit holder for capital and labour; and the Authority or County Irrigation Development Unit must arrange payment by the incoming permit holder within a reasonable time.

AI-assisted research summary: Permit holders must pay an irrigation service fee to the Authority or County Irrigation Development Unit through the association; the rate is determined by those bodies and approved by the Cabinet Secretary or County Executive Committee Member; the Cabinet Secretary or County Executive Member responsible for irrigation may vary the fee in consultation with county governments and other stakeholders.

AI-assisted research summary: People must not drive motor vehicles on non-public roads within the public scheme unless they have a valid access pass issued by the Authority or County Irrigation Development Unit; breach of access-pass conditions is an offence punishable by a fine up to five thousand shillings, imprisonment up to one month, or both.

AI-assisted research summary: Permit holders must maintain their house and precincts; they may not build without prior written consent; the Authority or County Irrigation Development Unit may allocate housing or allow erection of a house; erecting without consent is an offence with fines or imprisonment.

AI-assisted research summary: A permit holder must not allow livestock onto parts of the irrigation scheme that are closed to livestock, nor cause damage to crops, water installations, communications, or other property.

AI-assisted research summary: If there is an emergency, the Authority or County Irrigation Development Unit, after consulting the association, may order all permit holders to carry out emergency repairs anywhere in the scheme.

AI-assisted research summary: Associations shall manage community-based smallholder schemes and public settlement schemes, except where schemes are owned and managed by individual farmers; if an association lacks capacity, the Authority, County Irrigation Development Unit or another agency contractor may provide major irrigation works services; an agency contracted under paragraph (3) must comply with regulations 76–80.

AI-assisted research summary: An association must manage irrigation schemes in its service area and provide irrigation services equitably and timely to its members.

AI-assisted research summary: Residents who use water from a public or community-based smallholder irrigation scheme may form an association covering the scheme or service area; the supervising entity may compel formation if residents fail to establish one within twelve months.

AI-assisted research summary: Associations must operate within a defined service area.

AI-assisted research summary: Associations must have a name that includes the phrase "irrigation water users’ association", display their name boldly where they operate, and put the name on notices, letters and documents signed for the association.

AI-assisted research summary: Associations formed under these Regulations must register as legal entities under the Societies Act (Cap. 108); associations already formed under the Societies Act or Cooperative Societies Act (Act No. 12 of 1997) before these Regulations came into force are to be recognised as associations under these Regulations; existing groups of farmers registered as "self-help groups" that own or manage an irrigation scheme must register as associations under this regulation.

AI-assisted research summary: Persons with user rights over land inside an association's service area qualify as members; successors who acquire such rights become members after paying outstanding contributions and fees; members must comply with by-laws and pay the irrigation service fee.

AI-assisted research summary: Identifies the management bodies of an association (General Assembly; Executive Committee; irrigation water users’ association management committee; Dispute Resolution Committee); an association may establish other committees in its by-laws; the powers and duties of those management bodies shall be as specified in these Regulations and the by-laws.

AI-assisted research summary: The General Assembly shall be the supreme organ of an association.

AI-assisted research summary: Associations must elect a management committee; the committee must have at least seven named roles; members cannot serve more than two consecutive terms.

AI-assisted research summary: By-laws of an association must set out certain required matters (name and address; objects and functions; service area with plan or map; membership requirements; rights and duties of members; powers, responsibilities and duties of management and employees; procedures for calling and holding General Assembly meetings; conditions for election, term, suspension and removal of elected officers and members of other bodies; provisions on fees, fines and penalties; and conditions for termination). By-laws may be amended by a special resolution of a two-thirds majority of the General Assembly at a meeting attended by at least seventy percent of members. Associations must comply with the Code of Conduct for officials and members set out in Part B of the Seventh Schedule. Amendments take effect from the date they are approved and registered by the supervising entity and filed with the entity conferring legal status.

AI-assisted research summary: Section 58 lists the sources of an association's funds and makes the association’s management committee responsible for collecting those funds in accordance with the by‑laws.

AI-assisted research summary: Funds are to be applied to: operation and maintenance (including drainage cleaning); payment to a service provider for operation and maintenance where applicable; salaries and administrative costs of the association; maintaining a capital replacement fund in accordance with regulation 59; loan repayment under cost‑sharing arrangements where applicable; and any other expenditure approved by the General Assembly.

AI-assisted research summary: The association must formulate by-laws to guide management of the capital replacement fund.

AI-assisted research summary: Irrigation service fees are based on either the volume of irrigation water used by a member or the size of the plot of land used by that member; fees levied under paragraph (1) must be used in accordance with regulation 58.

AI-assisted research summary: Section 62 lists support services related to irrigation water users' associations and limits supervision to the activities of the association for which the supervisor is responsible; the supervising entity may delegate certain powers and duties.

AI-assisted research summary: If mismanagement or prima facie financial malpractice is alleged, the supervising entity must take specified supervisory actions including calling an extraordinary meeting, presenting findings, facilitating removals and elections, and reporting criminal malpractices to state agencies.

AI-assisted research summary: Associations must submit an annual report to the supervising entity within 90 days after the end of each financial year.

AI-assisted research summary: Associations seeking concurrence must submit a written request to the supervising entity; the supervising entity must decide and inform the applicant within thirty days.

AI-assisted research summary: An association's records include a plan showing the service area of the association.

AI-assisted research summary: Requires the Cabinet Secretary to maintain an annually updated Master Register of associations; County Executive Committee Members must keep county registers; bona fide associations must apply for inclusion; County Executive Committee Members must forward inventories to the Cabinet Secretary; any person may access the register on written request during office hours.

AI-assisted research summary: An association is dissolved when the purpose for which it was formed no longer exists.

AI-assisted research summary: When an association is dissolved under regulation 67, the supervising entity must, in consultation with the association’s management committee, appoint a licenced liquidator.

AI-assisted research summary: The supervising entity must, after liquidation concludes, notify the County Executive Committee Member to delete the association from the county register and inform the Cabinet Secretary; an association is deemed dissolved when its details are deleted from the Master Register.

AI-assisted research summary: Areas served by shared major irrigation infrastructure may create an umbrella association; establishment is by decision of the supervising entity or by a majority of members, the umbrella association has functions including safeguarding interests, administering infrastructure and supplying water, and associations receiving water must be members.

AI-assisted research summary: Umbrella associations must have a unique name; those in public national settlement schemes must undertake the activities listed in paragraph (2) in consultation with the supervising entity; associations may nominate management committee members to serve in the umbrella association; nominated members shall assume the functions of the General Assembly; and all umbrella associations are subject to these Regulations.

AI-assisted research summary: Associations of irrigation farmers may be constituted at county or national level by associations or umbrella associations; associations must seek prior approval and consult before joining, must prepare by-laws, and must register as societies under the Societies Act Cap. 108.

AI-assisted research summary: Supervising entity may transfer management and water use rights of public irrigation schemes to an association (by agreement); transfers require a joint inspection; an association within a service area may apply for an indefinite transfer; supervising entity must maintain parts not transferred; transfer agreements must include specified descriptions and the format in Part A of the Eighth Schedule.

AI-assisted research summary: Associations may apply for a user right certificate for qualifying irrigation schemes; the supervising entity must decide and inform the applicant within thirty days and, if approved, must issue a certificate in Form 4H.

AI-assisted research summary: An association must provide the supervising entity with current information on the maintenance and condition of a transferred irrigation system.

AI-assisted research summary: Associations may provide irrigation water services or, with General Assembly approval, contract others; service providers must supply irrigation water under a service agreement; conditions for public or licensed private suppliers are specified in Part C of the Third Schedule.

AI-assisted research summary: An irrigation water service agreement must run at least five years unless the association requests a shorter period; if the association requests a shorter period the term must be at least three years. The agreement must include specified information such as the water supply point, season, request procedure, maximum volume by monthly schedule, measures to reduce wastage, charges, liabilities, penalties, and other necessary conditions.

AI-assisted research summary: Irrigation water service providers must not suspend water or other services under a service agreement except if the association delays payment of outstanding charges for more than ninety days.

AI-assisted research summary: Members who lose out because a service provider cannot supply irrigation water may be treated as parties to the contract for compensation; the supervising entity must assess damage; a service provider must not pay compensation in cases of force majeure.

AI-assisted research summary: The amount of irrigation service charge and related costs must be determined transparently and by agreement among the association, service provider and supervising entity; service provider and association must determine their costs in consultation with relevant parties and approvals.

AI-assisted research summary: Management committees may request written support from national or county government bodies; entities that provide support must respect the association's autonomy; counties (or equivalent) must appoint committee members to brief local administrators when an association's service area crosses administrative boundaries.

AI-assisted research summary: The irrigation unit leadership must determine the dispute within thirty days of receiving the complaint.

AI-assisted research summary: Every association must establish a Dispute Resolution Committee (3–5 members); the General Assembly elects members; members serve three-year terms and may be re-elected once; no member may serve more than two consecutive terms; the committee elects a chair and may invite up to two community members to assist.

AI-assisted research summary: The Dispute Resolution Committee must investigate complaints, issue summonses where allegations are in writing, hear parties and examine evidence (including site inspections), hear matters within 14 days of receipt, and inform parties of decisions within seven days after the hearing.

AI-assisted research summary: A determination by the Dispute Resolution Committee is treated as the decision of a judicial body and must be executed unless it is reversed on appeal.

AI-assisted research summary: Dissatisfied parties may appeal specified dispute decisions internally; a person must exhaust internal procedures in the Regulations before going to court.

AI-assisted research summary: People or entities that own or manage an irrigation scheme may start legal proceedings to recover or get compensation for damage to irrigation infrastructure.

AI-assisted research summary: Anyone who commits an offence under these Regulations for which no specific penalty is provided is liable, on conviction, to the penalty provided under section 34(3) of the Act.

AI-assisted research summary: The Irrigation (National Irrigation Schemes) Regulations (L.N. No. 68/1977) are revoked.

AI-assisted research summary: Persons offering or proposing irrigation professional services must apply to the Cabinet Secretary using Form 4B (Fourth Schedule); the Cabinet Secretary must validate applications, may require attendance before the Technical Advisory Committee, require firms to show qualified professionals, and issue a Form 4I certificate if satisfied.

AI-assisted research summary: Persons undertaking irrigation must practice good on-farm water management; persons planning and managing farm activities must contain manure-yard runoff where it risks polluting water.

AI-assisted research summary: Increase awareness on efficient water use and management.

AI-assisted research summary: The scheme management must adopt irrigation water based on crop type, stage of growth, soil, drainage, climatic conditions and other factors to ensure the system operates as designed.

AI-assisted research summary: Persons or entities undertaking irrigation must maintain and upgrade irrigation infrastructure and perform regular checks and repairs to ensure proper performance and water use management.

AI-assisted research summary: Use only agro-chemicals permitted under the relevant legislation.

AI-assisted research summary: Anyone intending to undertake irrigation development must adhere to the Regulations' quality standards for water, infrastructure, on-farm water management and discharge from schemes.

AI-assisted research summary: People or entities using irrigation water must carry out water quality testing in accredited laboratories when directed; failure to use water that meets standards is an offence punishable by a fine up to fifty thousand shillings or up to one year imprisonment.

AI-assisted research summary: Discharges of water from irrigation schemes must meet the quality standards in Part A of the Second Schedule; sealing unused wells and protecting surface water are required; persons or entities who discharge water not meeting the standards commit an offence and are liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment not exceeding one year, or to both.

AI-assisted research summary: Irrigation infrastructure must meet the standards set out in these Regulations and other applicable laws.

AI-assisted research summary: If irrigation is carried out within or near a wildlife conservation area, the person or entity undertaking the irrigation must put in place measures to use the scheme and conserve, protect and manage the wildlife conservation area in accordance with the Wildlife Conservation and Management Act No. 47 of 2013.

AI-assisted research summary: Irrigation farmers must report imminent or serious safety or health dangers to the association’s management committee or supervising entity; they must conduct maintenance and prevent machinery or substance risks. Designers/manufacturers must research to identify, eliminate or minimize safety or health risks; testing, construction safety, and provision of adequate usage information are required.

AI-assisted research summary: Anyone who constructs a water harvesting and storage structure for irrigation must comply with the standards set by the Water Harvesting and Storage Authority.

AI-assisted research summary: References Kenya Standard KS IEC 61557-2:2007 concerning electrical safety in low voltage distribution systems (Part 2: Insulation resistance).

AI-assisted research summary: Firms and professionals undertaking irrigation development must be registered and licensed by relevant professional bodies and enlisted by the Cabinet Secretary; the register will be published and categories are in the Third Schedule; conditions for enlisting may change; firms may be delisted on recommendation.

AI-assisted research summary: The Cabinet Secretary may establish a technical advisory committee to advise on quality of works or services under the Regulations; the Principal Secretary responsible for irrigation shall be chair and up to eight technical persons may be appointed by the Cabinet Secretary.

AI-assisted research summary: has a degree or a diploma from any recognized university;

AI-assisted research summary: Foreign qualified professionals, firms or contractors must apply for a permit from the National Construction Authority and be enlisted by the Cabinet Secretary before undertaking works; the Cabinet Secretary shall delist them on completion and may suspend registration and enlisting pending determination if a complaint is made.

AI-assisted research summary: Irrigation technologies and innovations must be registered by the Cabinet Secretary in accordance with the Industrial Property Act before they may be used; introducing unregistered technologies for mass or commercial use is an offence punishable by a fine up to fifty thousand shillings or imprisonment up to one year, or both.

AI-assisted research summary: The Cabinet Secretary must establish facilities, projects and programs for irrigation research, innovation and training.

AI-assisted research summary: Agreements that use public funds to finance irrigation development must be approved by the Cabinet Secretary or the Governor, with concurrence of the National Treasury.

AI-assisted research summary: The Authority and county governments must ensure return on investment when using public funds during initial appraisal; they must undertake economic and financial analysis of proposed investments; and when public funds are used the Authority, county governments and other agencies are subject to the Public Procurement and Asset Disposal Act (Cap. 412C) and other laws.

AI-assisted research summary: Cabinet Secretary may enter financing agreements (with National Treasury concurrence) to support smallholder irrigation development; beneficiaries must offset part of project costs and must contribute at least 5% of infrastructure development cost; Cabinet Secretary or County Executive Committee Member may waive the minimum for schemes developed on a social equity basis for resource-poor communities.

AI-assisted research summary: The Cabinet Secretary must take administrative action to reinvest recovered public funds from cost‑recovery irrigation financing back into irrigation development.

AI-assisted research summary: The Cabinet Secretary must develop and maintain an irrigation and drainage management information system to perform monitoring and reporting; stakeholders may be granted limited access (upon request and subject to the Data Protection Act); the Cabinet Secretary and county governments are responsible for data input but may delegate input functions to the Authority or other agencies.

AI-assisted research summary: Irrigation operators must undergo monitoring, evaluation and performance audits by the Cabinet Secretary or a County Government; the Authority and related agencies must carry out periodic audits and submit semi‑annual reports to the Cabinet Secretary.

AI-assisted research summary: Procedures, standards, monitoring, evaluation, performance audits and subsequent reports must follow guidelines developed by the Cabinet Secretary.