A/HRC/30/39/Add.2
(b)
Ensure that the national Government remains the primary duty bearer
for the realization of the human rights to water and sanitation while implementing the
devolution of the competence of water and service provision;
(c)
Include a provision in the Water Bill that provides an explicit
prioritization of water for personal and domestic uses;
(d)
Strengthen the Water Services Regulatory Board, by providing
necessary mandates and financial and human resources, as a central regulatory board
that sets national minimum standards and regulates the service provisions at the
county level;
(e)
Determine the budgetary implications of the envisaged regulatory
activities and allocate sufficient financial and human resources to implement those
activities;
(f)
Ensure that water services boards effectively regulate small-scale
informal water and sanitation service providers to ensure the quality and affordability
of water and sanitation, particularly for the poor and the most marginalized;
(g)
Ensure that those renting out residential accommodation provide access
to sanitation that can be safely accessed at all times, including in informal settlements;
(h)
Ensure the allocation and use of funds for the promotion and
construction of on-site sanitation and safe disposal of human excreta;
(i)
Establish clear budget lines to improve sanitation at the national and
county levels, and earmark funds to target the most marginalized and vulnerable;
(j)
Transfer necessary financial and human resources from the national
Government to the county governments in the process of the devolution to establish
the sustainable provision of water and sanitation services at the local level. The county
governments should also make specific requests to the national Government;
(k)
Invest in the maintenance and operation of new and existing services,
including human resources, in order to avoid deterioration in the services currently
provided, and provide financial and technical support to the counties;
(l)
Allocate budget lines targeting the poorer rural and deprived urban
areas and disadvantaged individuals and groups, taking into account existing
disparities and inequalities;
(m) Strengthen the rights to access to justice and information for all,
including by strengthening the existing independent institutions (the Water Services
Regulatory Board and the Kenya National Commission on Human Rights).
85.
The Special Rapporteur recommends that the international community:
(a)
Increase funds to accelerate the realization of the human rights to water
and sanitation in Kenya, targeting marginalized groups;
(b)
Coordinate among donors and consult with the Government to increase
targeted funds and technical support to help the Government to implement its
strategies and plans prioritizing the most marginalized, including persons living in
rural areas and informal settlements, as well as women and girls.
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