The Constitution of Kenya under Article, 43 and 46, provides for consumer protection in respect to the right to safe water and reasonable standards of sanitation. It also defines the roles of each level of government in the development, management and use of water and sanitation services. Articles 189 and 191 provide direction on concurrent functions.
As lawful entities that have existed since 2002, Water service companies have creditors, debtors and legal obligations and relationships with other third parties which they must honour. Their amalgamation and clustering must therefore be within the law. This is to primarily give confidence to consumers on the safety of the services provided; lenders and donors on the governance of these entities; and suppliers that cash flows are guaranteed and that their debts will be repaid within agreed credit lines.
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