A/HRC/30/39/Add.2 51. Kenya is undertaking water sector reforms for a better management of water supply. As mentioned above, the authority of water resources management remains with the central Government, and the authority over water supply has been decentralized to local authorities. Government officials informed the Special Rapporteur that they recognized that water resources management and the provision of water and sanitation services were sometimes inextricable and that the division of competence would not be clear-cut in reality. The Government needs to take a comprehensive approach, since the management of water resources and the management of water supply are inseparable for sustainable water provision. E. Sustainability of water and sanitation services 52. Sustainability is a fundamental human rights principle and an essential element for realizing the human rights to water and sanitation. Services must be available for present and future generations, and the provision of services today should not compromise the ability of future generations to realize those rights, including with respect to the availability of water resources (A/HRC/24/44). Once services and facilities have been put in place, positive changes must be maintained and backsliding prevented. 53. The transfer of the competences of water and sanitation service provision from the national Government to county governments has given rise to a particular sustainability challenge: the Government needs to develop criteria to balance the allocation of water resources in order to meet water needs at both the national and local levels. Another challenge is financial sustainability. Since 2004, 118 water service providers have registered, including small-scale providers, community-based organizations and nongovernmental organizations, but many providers are still unregistered. While the role of local small-scale providers has been increasing in areas such as public sanitation and secondary water supply through kiosks, vendors or tankers, those providers are reported to be struggling to recover operation and maintenance costs. 54. It is worrying that the level of access to improved water sources in urban areas has decreased from 92 per cent in 1990 to 82 per cent in 2012, largely attributed to the failure to extend services to keep pace with rapid population growth in urban areas. During the mission, the Special Rapporteur observed that several toilet facilities and water outlets built by the Government and donors were no longer functioning. In Kisumu County, she saw non-functioning and abandoned toilets in a school and water basins without water, taps or soap. The Special Rapporteur also observed this pattern in other counties. In several places where important projects had been implemented in the area of water and sanitation some time ago, often supported by donors, people complained that the cost for operation and maintenance had not been budgeted in the projects. According to UN-Water, in order to maintain the existing systems, 75 per cent of the water and sanitation budgets worldwide should be devoted to operation and maintenance.16 Donors are strongly encouraged to factor in such expenses into project plans or to make an arrangement with the local governments before starting projects. County governments should also consider significant budget allocations for such purposes. 55. In addition, high levels of non-revenue water are another concern for water availability and sustainability in a water-scarce country like Kenya. In most of the country, 50 per cent of the water is lost owing to “illegal” connections, leakage and other technical problems. Water losses obviously threaten sustainability — both economic and 16 UN-Water and WHO, UN-Water Global Analysis and Assessment of Sanitation and Drinking-Water (GLAAS) 2012 Report: The Challenge of Extending and Sustaining Services, p. 29. 13

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