A/HRC/30/39/Add.2 environmental. More efforts have to be deployed in order to further decrease these losses, including through targeted investments for operation and maintenance. In parallel, the Government should take multiple measures to increase water availability, including by increasing rainwater harvesting and storage capacities. 56. The economic and social dimensions of sustainability must be balanced: while sufficient revenues need to be raised to ensure sustainability in service provision, this must be achieved in such a way that ensures affordability for all social groups, including those living in poverty. According to government officials, 60 to 70 per cent of the cost of water and sanitation services is covered by the revenue generated by those services. Cost recovery is an important element for a sustainable system, ensuring the coverage of operation and maintenance costs and supporting access to water and sanitation by the poor through crosssubsidies. According to one assessment, however, it cannot be expected that revenues will cover all the costs of the rehabilitation of the system, expansion of networks and affordable access for the poor in Kenya, given the challenges posed by old networks and high levels of non-revenue water.17 This means that the water and sanitation sector in Kenya requires increased financial support from the Government and donors. F. Right to justice and accountability 57. Article 33 of the Constitution guarantees the right to freedom of expression, which includes the freedom to seek, receive or impart information or ideas. In the water and sanitation sectors in Kenya, the Water Services Regulatory Board disseminates comprehensive information on the performance of water service providers using indicators.18 That effort is an important step in monitoring the progress, identifying gaps and adjusting plans and budgets in order to progressively improve people’s access to water and sanitation. 58. The Water Services Regulatory Board should be further strengthened to be able to proactively monitor the implementation of the human rights to water and sanitation, and not be limited to monitoring reports submitted by the utilities. Potential duplication of responsibilities for the inspection and monitoring of and reporting on water service providers should be clarified among the Regulatory Board, the water services boards and the Ministry of Water and Irrigation to establish the accountability of authorities. 59. The Kenya National Commission on Human Rights is an independent national human rights institution established under article 59 of the Constitution; it is accredited with “A” status by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights. The Commission assesses the Government’s human rights performance and publishes annual human rights reports, which includes a section on the right to water and sanitation, and is an important part of the national human rights mechanism. 60. Access to justice in cases of alleged violations of the rights to water and sanitation is crucial to hold authorities accountable. Kenya has to ensure that the rights to water and sanitation are effectively enforceable not only at the national and subnational levels, but also at the international level. The Special Rapporteur welcomes that there are already a few cases related to these rights before national courts. She also calls on the Government to 17 18 14 German Agency for International Cooperation, “Kenyan-German development cooperation in the water sector: assessment from a human rights perspective” (2007), p. 34. See Water Services Regulatory Board, “Impact”.