Machakos County Warned Over Interference With Water Services

The Water Services Regulatory Board (WASREB) has raised serious concerns over what it describes as unlawful actions by the County Government of Machakos affecting the governance and management of Water Service Providers (WSPs) in the county.

In a press statement issued on Tuesday, January 27, 2026, in Nairobi, WASREB disclosed that Managing Directors of six water Utilities: Mavoko, Machakos, Kathiani, Kangundo, Yatta, and Mwala Water and Sanitation Companies, had been placed on compulsory leave following actions the regulator says were not conducted in line with the law.

WASREB emphasized that the governance and operation of Water Service Providers in Kenya are clearly defined in law, noting that “the governance and operation of Water Service Providers in Kenya are firmly anchored in the Constitution of Kenya, 2010, the Water Act, 2016, and associated regulations.”

According to the regulator, these legal frameworks emphasize constitutional values such as the rule of law, transparency, accountability, and public participation.

WASREB stated that WSPs operate through competitively recruited Boards of Directors, which are responsible for strategic oversight and the recruitment and discipline of senior management.

Due Process Must Be Followed in Disciplinary Actions

The regulator highlighted that any action taken against Managing Directors must follow laid-down procedures, stressing that “any administrative or disciplinary action affecting Managing Directors must therefore follow due process and be undertaken through duly constituted boards.”

However, WASREB noted with concern that these requirements were not observed in the actions taken by the Machakos County Government.

WASREB stated that “the actions taken by the County Government of Machakos contravene the law in several respects,” outlining key areas of non-compliance.

These include the absence of duly constituted boards for the affected Water Service Providers despite prior guidance from WASREB, and the placement of Managing Directors on compulsory leave without board-led due process, contrary to principles of fair administrative action.

The regulator further cited attempts to restructure the sector without following required procedures, warning against “attempts to effect clustering of Water Service Providers without the requisite viability studies, stakeholder engagement, and regulatory approval.”

WASREB also faulted the county for failing to obtain mandatory regulatory approval for the proposed restructuring.

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Risk to Water Services and Loss of Funding

According to WASREB, these actions pose serious risks to the water sector.

The regulator warned that “these actions pose significant risks to the water sector, including potential disruption of service delivery, exposure of the County Government to legal challenges, and the undermining of investor and development partner confidence.”

WASREB revealed that the governance failures had already resulted in financial consequences, noting that Machakos and Mavoko Water Service Providers were disqualified from World Bank financing.

The regulator stated that this followed “failure to meet the requirements of the Corporate Governance Standards for the water services sector.”

The affected funding amounted to Ksh7.4 billion for Machakos and Ksh3.24 billion for Mavoko.

Devolution Must Operate Within the Law

While confirming its support for devolution, WASREB emphasized that county governments must act within constitutional limits.

The regulator noted that, “while devolution remains a core constitutional principle, it must be exercised within the confines of the law.”

It added that the actions in question were inconsistent with the spirit and letter of the Constitution, citing Articles 10, 189, and 259.

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WASREB Issues Directives to Machakos County

WASREB urged the Machakos County Government to take immediate corrective action, calling on the county to “immediately reinstate lawful governance structures by constituting legitimate Boards of Directors for the affected Water Service Providers.”

The regulator also directed the county to stop any non-compliant management or structural changes and to engage WASREB and other stakeholders to ensure alignment with the Water Act, 2016, and the broader regulatory framework governing water services.

WASREB concluded by stating that its mandate is to protect consumers and promote good governance in the sector, and that it remains committed to ensuring the provision of safe, reliable, and sustainable water services across Kenya.

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WASREB warns Machakos County over unlawful actions affecting water service providers. PHOTO/MyGov.