A/HRC/30/39/Add.2 10. The Special Rapporteur welcomes the new Water Bill, which would guarantee the human rights to water and sanitation. She supports the provision on ring-fencing to secure funds within the sector and welcomes article 129 (3), which stipulates that “dividends or other payments shall not be paid to the owners of public water services providers as long as the universal rights of access to safe and clean water have not been achieved in the designated service areas”. With respect to human rights standards, however, the Special Rapporteur is of the view that the Bill should include a provision clearly stating that the allocation of a sufficient quantity of water for personal and domestic use necessary to realize the human rights to water and sanitation should be prioritized over allocation for other water uses. 11. On-site sanitation is regulated by the Public Health Act and the Building Code. It is the responsibility of owners and constructors to have sanitation facilities in each house or building. B. Institutional and policy frameworks 12. Act. Since 2002, Kenya has been undergoing water sector reforms triggered by the Water 13. The Ministry of Water and Irrigation has overall responsibility for the formulation, review and implementation of the water sector policy. Under the Ministry, the Water Resources Management Authority regulates water resources management and the Water Services Regulatory Board regulates water and sewerage services by setting national standards for water tariffs and quality, while issuing licences for water service providers. Two private companies, Runda Water Limited and Kiamumbi, participate in the provision of piped water in Nairobi, operating water supply systems. 14. The Ministry of Health has overall responsibility for on-site sanitation. It also monitors water quality and carries out sanitation and hygiene promotion. 15. In 2010, the new Constitution created 47 county governments and set up the framework of devolution of government functions. Under the Constitution, water resources management is separate from water and sewerage service provision. The responsibility for providing water and sanitation services is decentralized and devolved from the national Government to the county governments, while the competence over water resources management stays at the national level. 16. One of the intentions of devolution stated in the Constitution is to protect and promote the interests and rights of minorities and marginalized communities. The Special Rapporteur indeed observed in three counties that county-level government officials are closer to local communities and are better aware of the actual challenges and barriers to access to sanitation and water for all. She was also reminded of the importance of supervision or monitoring by the national Government and the independent regulator to ensure the transparency of the decisions and actions taken at the local level. 17. Devolution of responsibilities could be an opportunity to provide water and sanitation services that are tailored according to the needs and specificities of the local population. The State, however, cannot exempt itself from its human rights obligations by devolving the competence of service provision. Irrespective of the responsibilities of the county governments, the central Government remains the primary duty bearer for the realization of human rights. 18. In the current transition period of devolving competence for water and sanitation, there are several challenges in making the new system functional and several instances of ambiguity in the division of power and responsibilities between national and county-level 5