AGADVOKS GLOBALKENYA · ENGLISH
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Irrigation (General) Regulations

76. Obligation relating to information on transferred irrigation system

Edition: 2022-12-31 · In force

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76. Obligation relating to information on transferred irrigation system

(1)An association shall provide to the supervising entity current information relating to the maintenance and condition of a transferred irrigation system.
(2)A duly authorised officer of the supervising entity may enter into the service area of an association and inspect the condition of the irrigation system transferred to that association.
(3)The authorised officer of the supervising entity may, after the inspection, require the association to undertake specified works, where necessary to—
(a)prevent damage to the irrigation system in order to ensure the quality of irrigation water supplied; or
(b)prevent damage to government or third party property due to the usage of the irrigation system.
(4)Where an association fails to comply with a directive given under paragraph (3), that association shall be subject to the appropriate sanctions specified on the agreement.
(5)Where an association fails to successfully carry out the management of the transferred responsibilities, the Authority or County Irrigation Development Unit, as the case may be, shall terminate the transfer agreement and cause the withdrawal of user rights.
(6)The supervising entity shall assume the management responsibilities in the interim, and thereafter take necessary steps for remedial action within a period not exceeding six months.
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Source: Kenya Law