ADVOKS GLOBAL · KENYA
Irrigation Act
34. Making of Regulations
Edition: 2022-12-31 · In force
34. Making of Regulations
(1)The Cabinet Secretary may, in consultation with county governments, make Regulations, for the better carrying out of the purposes and provisions of this Act.(2)The regulations made under this section shall be approved by both Houses of Parliament.(3)Without prejudice to the generality of the foregoing, Regulations made under this section may provide for—(a)the management of national, public and other irrigation schemes;(b)the standards of good on-farm water management;(c)the regulation of, and tariffs payable for, the use of water on national, public and other irrigation schemes;(d)the control of persons occupying any land comprising or forming part of a national irrigation scheme, the introduction of or the control of settlers on such land, the issue by the Authority as the case may be, of licenses or permits or leases to such persons or settlers, the revocation of such licenses and leases, and the terms and conditions which may be attached to such licenses and leases;(e)the requirements, procedures and forms for licensing of irrigation schemes;(f)the establishment, operations and governance of irrigation water users' associations, scheme management committees and dispute resolution committees;(g)prescribe fees payable by irrigation water users based on costs of operation and maintenance of the scheme;(h)monitoring and evaluation and audits required under the Act;(i)adherence to environmental and public health matters;(j)development of irrigation including infrastructure, frameworks, complementary installations, water harvesting, storage, distribution and licensing; and(k)multi-government agencies consultation collaboration, cooperation and accountability in the implementation of this Act.(4)Any Regulations made under this section may—(a)require acts to be performed to the satisfaction of a prescribed authority, may prohibit their performance without the prior approval of a specified authority, and may empower a specified authority to impose conditions for the performance of specific acts;(b)be made to apply generally to all irrigation schemes or to any specified irrigation or to any specified area or areas thereof;(c)provide for such penalty for the breach of any provision thereof, not exceeding a fine of fifty thousand shillings and or imprisonment for one year, as the Cabinet Secretary may regulate from time to time.(5)The Cabinet Secretary shall publish the regulations required under this Act in the Gazette within eighteen months of the enactment of this Act or as otherwise determined upon consultation with stakeholders.