A/HRC/30/39/Add.2 public toilets allow the poor to use the toilet and pay for it when they have the money. While self-support systems are important safety nets, the realization of human rights cannot rely on such informal and random systems. The Government should strengthen the system to ensure affordability for the poorest of the poor by ensuring that the water tariffs are complied with by all and that even smaller scale providers must comply with water affordability standards, and also by ensuring that local authorities, service providers (formal and informal) and residents work together to find lasting solutions to the challenges of providing water and sanitation services in informal settlements. 41. There are reportedly complaints against Runda Water Limited alleging that it buys water from the Nairobi Water and Sewerage Company and sells it to customers at a much higher rate. The Water Services Regulatory Board, in its performance review report, states that Runda Water Limits is maintaining its good performance, although the assessment does not include the price of water and affordability.11 42. While water services providers are obliged to submit tariff adjustment proposals to the Water Services Regulatory Board, the monitoring of implementation of the tariffs by the Board does not appear to be systematic. The Board provides a customers’ complaint system, but the Special Rapporteur recommends that the Board should proactively monitor compliance of the tariffs, particularly by small scale providers. The Government should provide the Board with the resources necessary to strengthen its monitoring capacity. 43. Similar affordability standards for sanitation must be established. In setting such standards, the Government must consider both on-site and networked sanitation and consider the full costs of sanitation, including the collection, transport and disposal or reuse of human waste. 44. In settlements that are not connected to the sewerage system, households often rely on tankers and other informal service providers to empty their pit latrines and septic tanks. These costs are often forgotten in assessments of affordability. Further, as informal service providers tend to be unregulated, they charge prices determined by what the market will bear or by price-fixing between providers, rather than by considerations of affordability. For example, there may be extra charges for distance or difficult access. The Government must therefore provide the financial and technological support necessary to improve the affordability and safety of sanitation services. D. Availability of water supply 45. With respect to the human right to water, there is no definitive standard regarding a fixed daily quantity of water, hence the Government must assess local conditions and requirements and refer to relevant studies before setting standards for the availability of water and sanitation, which may include a specific number of litres of water to be available to each person or household per day. Children, pregnant women and people with chronic diseases are particularly vulnerable to illnesses, such as diarrhoea or cholera, when there is not sufficient water available. 46. The policy of Kenya is aimed at ensuring a minimum of 20 litres per day for everyone at an affordable price, as defined in the National Water Services Strategy, 2007– 2015. While 20 litres may be an absolute minimum amount for survival — it is insufficient 11 See Water Services Regulatory Board, “Impact: a performance review of Kenya’s water services sector 2011–2012”, p. 32. 11

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