CHAPTER 435 THE NATIONAL IRRIGATION ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections AG of O ionSection Title ss rm i t p e part i ou PRELIMINARY PROVISIONS ith d w 1. Short title and commencement. bu te 2. Interpretation. ist ri d or part ii d ce ADMINISTRATION du pro 3. Establishment of National Irrigation Commissione. re 4. Investment in irrigation development. ay b 5. Functions and powers of Commission. ok m 6. Committees of Commission. s b o 7. Seal of Commission. thif 8. Appointment of Director Genearrat lo. 9. Appointment of other directoo prs. 10. Staff of Commission. d. N e 11. Regional irrigation osffie rvces. 12. District Irrigations rD e epartment. t 13. Appointmentr iog hf Irrigation Inspector. 14. Powers of. IAr lrl igation Inspectors. 15. Restriacnti iaon of unqualified Irrigation Inspectors. an z f T o part iii eDn tECLARATION OF IRRIGATION AREA AND LAND CLASSIFICATION m ve rn16. Declaration of irrigation area. G o 17. Land acquisition for irrigation development. 02 5 18. Classification of irrigation land. ©2 173 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] part iv CONSTRUCTION OF IRRIGATION WORKS 19. Undertaking of irrigation works. 20. Application for construction of irrigation works. 21. Construction and commissioning of irrigation works by Commission. G. A 22. Consequences of construction of irrigation works. of O 23. Compensation for damage suffered due to construction of irrigation works. ion 24. Entrustment of irrigation works. ss mi 25. Construction of minor irrigation works. er ut p ho part v it w CATEGORISATION AND APPROVAL OF IRRIGATIONte d SCHEMES AND IRRIGATORS u str ib i 26. Categorisation of irrigation schemes. or d 27. Categorisation and approval of irrigators. ed uc rod part vi rep MANAGEMENT OF IRRIGATI Obey N SCHEMES a 28. Management of irrigation schemes. k m 29. Establishment of irrigators’ organisatio nbo. o 30. Objects of irrigators’ organisation. f th is 31. Functions of irrigators’ organisartti oons. 32. Source of funds for irrigatoros’ po arganisations. 33. Procedure for taking up wd. o Nrks. 34. Allocation of irrigatio e enrv plots. 35. Disputes settleme es sn rt on irrigation scheme. 36. Withdraw andig shu t rrender of irrigation plots. r 37. Power to p Arell scribe good agricultural practices and irrigation methodnsia i.n irrigation area. 38. Pownezr a to takeover irrigation works for maintenance. 39. Ifr Triagation service fees. o 40e. n t Irrigation schemes. rn4m1. Clearance of banks. ov e 42. Commission to order provision of proper banks. 25 G 43. Procedure on failure to contribute for costs or labour for work 20© to be done by joint labour. 44. Distribution of water from irrigation works. 45. Prohibited acts. 174 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] 46. Obligation of land owners in respect of works affecting safety of irrigation works. 47. Control of navigation and unplanned canal crossings. 48. Inter – basin water transfer for irrigation. 49. Monitoring and evaluation of performance of irrigation schemes. AG. O part vii of ENVIRONMENTAL AND HEALTH PROTECTION sio n is 50. Compliance with environmental requirement. ermp 51. Commission to coordinate and promote irrigation research. ut o with part viii ted FINANCIAL PROVISIONS trib u is 52. Establishment of Irrigation Development Fund. r do 53. Use of Fund. d ce 54. Management of Fund. u rod 55. Accounts and audit of Irrigation Development Funrdep . 56. Funds of Commission. bey 57. Annual Budget of Commission. ma 58. Accounting and audit. oo k b 59. Powers to borrow and invest. his t 60. Financial year. of art o p . N part ix O d rvFeFENCES AND PENALTIES e 61. Offences and pena s rleties. 62. Offence by bo t idghy scorporate or firm. 63. Civil liabiliAtlyl rnot affected. nia . zan part x a f T GENERAL PROVISIONS t o64e. n Duty of secrecy. ern6 m5. Service of notices. ovG 66. Keeping records. 5 02 67. Stakeholders’ forum. ©2 68. Commission to call for information. 69. Powers of Minister to require information. 70. Commission to establish and maintain collaboration. 175 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] 71. Indemnity and liability. 72. Recovery of costs of repairing damage where the offender is unascertainable. 73. Mode of recover of money. 74. Powers to make regulations. 75. Transitional provisions. . OAG SCHEDULE of sio n is erm t p ou with ted rib u ist or d ce d rod u ep be r may oo k is b of th art o p . N rve d res e hts ll r ig A nia . a nz f T a o en t rnm ov e G 02 5 ©2 176 CHAPTER 435 THE NATIONAL IRRIGATION ACT . An Act to provide for the establishment of the National Irrigation AG Commission; to provide for the development, operation and maintenance of O n of irrigation and drainage systems; to provide for effective implementatio io issn of the National Irrigation Policy, the National Irrigation Developmerment p Strategy and to provide for other related matters. ut o [……… … t wi …h ……….] Act No. ed 5 of 2013 utib ist r or d ed PART I uc rod PRELIMINARY P rRepe OVISIONS y ba Short title and 1. This Act may be cited aosk mthe National Irrigation Act, 2013 commencement and shall come into ope brois ation on such date as the Minister may by notice in the Gf th o azette, appoint. rt pa Interpretation 2. In this Act, uNnoless the context otherwise requires- “authorised oed . rv fficer” means an officer acting for and on behalf of there sC eommission, Local Government Authority or the M ts gahnagement Committee of Irrigators’ Organisation for i Atl lh r e purposes of implementation of this Act; n“iac .anal” means an open channel allowing free or controlled nz a a flow of water and may include underground channel; of T t “channel” means any ditch, channel, aqueduct, trench, men conduct, tunnel, sluice, flume allowing free or controlled ve rn flow of water for irrigation; o 5 G “Commission” means the National Irrigation Commission 02 ©2 as established under section 3; “conduit” means a pipe or line of pipes of any material or a scries of culverts joined together for conveyance of water for irrigation or drainage purposes; 177 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] “Director General” means the Chief Executive Officer of the Commission appointed under section 8; “distribution system” includes- (a) all main canals or conduits, branch canals or conduits, . distribution canals or conduits or minor canals OAG constructed, maintained and operated for the supply of n and distribution of water for irrigation; io iss (b) all works, structures and appliances connected wi rm pteh the distribution of water for irrigation; and ut o (c) all field channels, farm channels and ot hweithr related d channels and structures under a sluice obru teturn out; “drainage” means the removal of water dfirs torim the surface or subsoil of land by natural or da or rt ificial means for betterment of agriculture or otherdu p ceurposes; “drainage system” means a serieesp roof structures and other allied infrastructure inclu bdei rng the main, secondary, tertiary and field draina mgeay canals or conduits necessary for the removal of excebos osk water and salts from an irrigation scheme in order to t ha isl low effective agricultural operations and to prevent w oafrt ter logging; “drainage wateor ”p a means water which is removed from land by m . N edeans of drainage works or by natural drainage means;ser v e “drainhatsg re works” includes the construction and maintenance o fri gll drainage canals and channels including sub-soil a. A i drainage pipes, culverts, banks, water gates, sluices and za n n other similar works for drainage purposes; Ta of “Fund” means Irrigation Development Fund as established nt e under section 52; m ern “field channel” means irrigation system channel used to v G o convey irrigation water from tertiary canal into the fields; 5 20 2 “headworks” means the engineering works constructed © at the point of abstraction of irrigation water such as structures on a river stream, pumping system or works at a dam or water reservoir; 178 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] “Integrated Water Resources Management” means an approach in water resources management and development which holistically considers all users of the resource upstream and downstream of the system . including the ecology; OAG “irrigable” as applied to land means land of such situation of n and quality as to be capable of being irrigated from tih io sse works or proposed works of an undertaking; pe rm “irrigation” means the application of a specific aumt o ount of water at a particular location in order to w i tmh eet the d requirements of a crop growing at thabtu te location in amounts that are appropriate to the cropd’sis tsritage of growth, it can also involve the application o fo r d water in amounts necessary to bring soil to the desiruecd de moisture level prior to crop planting; proe “irrigation activities” means boep r eration and maintenance of the irrigation system min ay an irrigation scheme for the purpose of crop prod ok buoction; “irrigation area” meansis th an area irrigated or capable of being irrigated either rtb oy f gravitational flow or by lift irrigation or by any oot hp aer method so declared by the Minister responsibelde . Nfor land under the provisions of section 16; “irrigation rv se efficiency” means a ratio between the amount reof whtsater effectively used for crop growth to the amount dl riigl verted from the source; “iaI. r Arigation Inspector” means an officer appointed under n nz a section 13 to work as inspector; f T a o “irrigation potential” means a total area which is technically nt e feasible, economically and financially profitable, socially m ern viable and environmentally acceptable that is irrigated or v G o capable of being irrigated on the basis of water availability, 25 20 land availability and suitability; © “irrigation project” means an undertaking to rehabilitate, upgrade, improve or develop an irrigation and drainage system within a specified time frame; 179 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] “irrigation scheme” means an area where crops are grown under irrigation through any method including flood recession; gravity or pump fed canal systems supplying either surface or groundwater; water harvesting and . pressurised systems such as drip and sprinkler; AG O “irrigation season” means that period of time determined f n o by the Irrigators’ Management Committee durinsgiois which irrigation water shall be made available ptoe r man irrigation area; ou t “irrigation service” means all activities aimed at ith wenhancing d sustainability of an irrigation scheme biun tecluding but not limited to studies, planning, resdeisa trrich, designing, construction, operation and mainted no ra nce of irrigation scheme and capacity building prodgu creamme; “irrigation service fees” means feeeps r opayable and collected in terms of section 39 for the r y b peurposes of meeting costs of development, operations m aand maintenance of irrigation works; ok bo “irrigation system” m is thea ns a series of structures and other allied infrastruc f rt oture including the headworks, water conveyance aon pd a distribution systems, farm infrastructure, machineryd . N e and equipment, necessary to provide the supply oerfvs water for irrigation to a parcel of land; e “irrigaht r tsi on water” means water which is put on to or retained oll nri g land in an irrigation area by means of irrigation works . Aia and includes water reaching such land as rainfall; an nz “irrigation works or irrigation and drainage infrastructure” Ta of means physical infrastructure developed or installed en t in an irrigation system for the purpose of facilitating rnme availability of irrigation water from a water source for crop ov G production covering abstraction structures, conveyance 5 20 2 structures, distribution structures, drainage structures © and on-farm service roads and include- (a) all canals, field channels, dam and tanks, tube wells and filter point wells which are intended or which may be used for the supply, collection, storage or retention of water used for agricultural purposes; 180 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (b) all works, embankments, structures, supply and escape channels connected with such canals, channels, dams or tanks and spouts installed to supply water; (c) all water courses which are supplied with water from . such canals, channels, dam, tanks or spouts; OAG (d) all drainage works associated with irrigation systems, n o f such as canals, channels, escape channels from issa io canal or channel, dam or tanks, weirs, embankmeermp nts, sluices, groynes, field channels, and other wourt o ks for the protection or benefit of agricultural landwsit h or for the d reclamation of such other lands; bu te (e) all works intended for preventing doisr tr i regulating the entry of salt water into agricultura lo rd l ands; (f) all works in an irrigation schemdue c eoccupied by irrigators for the purpose of faciliteapt roing irrigated agriculture such as canals, channelse, r b reservoirs or tanks and all buildings, machinery ay m, fences, gates and other erections on such lands; andoo k b (g) and any other s thw i ork which the Commission may, by notification,r t do feclared to be an irrigation work; “irrigator” meano ps a an individual, company, or organisation which un N ed . ertakes irrigation operation in a particular schemese;r v e “irrigatso rht rs’ organisation” means group of farmers formed and rlle rig gistered under this Act or any other written law, and . Aia approved by the Commission pursuant to section 29 to- an nz (a) accommodate joint interests and activities of all farmers of Ta on an irrigation scheme; and nt e (b) ensure increased crop production and productivity ern m through optimal management of land, irrigation water v G o and operation and maintanance of their scheme; 25 20 “land or plot holder” means the owner, or any other person © in lawful possession of land in the irrigable area of any irrigation scheme recorded as such in the records of the Commission and includes a lease or tenant and cultivator or other person in actual possession, management or control of any irrigable land; 181 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] “large scale irrigation scheme” means an irrigation scheme with a command area greater than two thousand hectares; “lift irrigation work” means an irrigation work by which water is supplied for agricultural purposes with the aid of a pump set or other mechanical devices; AG. O “local government authority” means a local government n o f authority as defined in the Local Government (Distri io iscst Cap. 287 Authorities) Act and term “local government authorpiet rmies” shall be construed accordingly; ut o “medium scale irrigation scheme” means irrigatiowinth scheme d with a command area between five hunbdu treed and two thousand hectares; ist ri d “Member” means a member of the Comd om r ission, including the Chairman; ce du “Minister” means the Minister reesp roonsible for irrigation; “minor irrigation work” inc r y b leudes any irrigation work facilitating irrigation o mr a useful for the drainage or protection of an irrigboa obkle area of not more than fifteen hectares but shall noist th include a lift irrigation work; “prescribe” means f rtp orescribed by regulations or rules made under this Aco tp; a “Regional Seed .c Nretariat” means the Regional Secretariat Cap. 97 establissehr ved under the Regional Administration Act; “right tos r e h f occupancy” has the meaning ascribed to it under Caps. 113 and 114 t ig llh r e Land Act and Village Land Act; “ias. h Aared functions” means a joint function undertaken or to za n n be undertaken by all stakeholders as may be agreed upon Ta of including research, training, extension services, inputs nt e supply, crop development and promotion, irrigation and rnme drainage infrastructure development; Gov “small holder farmer” means a farmer engaged in irrigation 02 5 2 farming on a small holding of agricultural land which is © up to five hectares and which is worked by only himself or with members of his family; “small scale irrigation scheme” means an irrigation scheme with a command area up to five hundred hectares; 182 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] “stakeholders” means a person or an organisation involved in the irrigation sector including central government, local government authorities, Commission, development partners, cooperative societies, producers, dealers of . irrigation equipment, input suppliers, research and AG O extension service providers and all persons with vested n o f interest in irrigation development; io iss “water course” means a river, stream, springs, channelp,e rlmake and includes any tributary or branch of any river,o su tt ream, springs or channel; th d w i “water management” means all deliberative hubum tean activities designed to optimise the availability ainstdr i utilisation of water for agricultural purposes; or d d “water resource” has the meaning adsuc ceribed to it under the Cap. 331 Water Resources Management ro e Ap ct; “water user” includes any indi vbied rual or body corporate or a society or an institution mo ary organisation using water for any purpose from an bior orkigation system; and “water use permit” shtahi lsl have the same meaning as ascribed Cap. 331 to it under the Wrt oa fter Resources Management Act. pa . N o ed PART II se rv re ADMINISTRATION hts g Establishment 3.– i A(ll 1r ) There is hereby established a Commission to be known of National a. Irrigation nai s the National Irrigation Commission. a Commission an z (2) The Commission shall be an independent department of T t o f the Government under the Ministry responsible for irrigation. n me (3) The Commission shall be a body corporate with rn ve perpetual succession and a common seal and shall in its own o 5 G corporate name, be capable of- 02 ©2 (a) suing and be sued; (b) acquiring and disposing movable or immovable property; (c) borrowing money and entering into contracts or other transactions; and 183 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (d) doing all such other things for proper performance of its duties, and discharge its functions under this Act and any other subsidiary legislation made thereunder. (4) Notwithstanding the preceeding provisions of this . section- OAG (a) the Commission shall have a duty of notifying the of n Attorney General of any impending suit or intention io istso institute a suit or matter for or against the Commipses rimon; (b) the Attorney General shall have the right to inutte o rvene in any suit or matter instituted by or a wgi tahinst the d Commission. uteb (5) Where the Attorney General intervendeis t riin any matter in pursuance of subsection (4), the provisiond so ro f the Government Cap. 5 Proceedings Act, shall apply in relationcedu to the proceedings of that suit or matter as if it had beene pin rostituted by or against the Government. e r b (6) The Commission shaay m ll have a governing Board composed of a Chairmanbo a okppointed by the President and ten other members appoin is thted by the Minister as follows: (a) a representati f rt voe nominated from the Ministry responsible for agricul tpuare; (b) a repres. eN o ed ntative nominated from the Ministry responsible fors elar vnd; e (c) r htsa representative nominated from the Ministry responsible g ll r i for water; a. A i (d) a representative nominated from the Ministry responsible an nz for environmental matters; Ta of (e) a Principal State Attorney nominated by the Attorney t en General; ern m (f) a representative nominated from the Ministry responsible ov G for local government; 25 20 (g) a representative nominated from the Ministry responsible © for livestock and fisheries development; (h) two representatives from the irrigators’ organisations; and 184 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (i) a person qualified in matters relating to irrigation nominated from a higher learning institution that offers irrigation training programme. (7) The Director General of the Commission shall be the . Secretary. AG O (8) In exercising powers under subsection (6), the n o f nominating authority shall- io iss (a) ensure that the nominated person has adepqe rumate knowledge and competence in his respective prooufe t ssion; (b) nominate a principal officer; and th d w i (c) take into account gender balance. bu te (9) The provision of the Schedule shall haves etrff i di ect as to tenure of office, cessation of membership and ootrh d er proceedings of the Commission. ce du (10) The Minister may, by orde ro erp published in the Gazette, amend, add to, vary, revoke or r r beeplace any of the provisions of the Schedule other than the mpa ryovisions set out in paragraph 2 of the Schedule. ok bo th is Investment 4.–(1) Subject to th f rte o provisions of this Act, the Commission in irrigation development may by itself or i a on p collaboration with the private sector, invest in the irrigatido. n N development as the Commission may deem fit, and maseyr v veary, withdraw or realise any such investments. (2) tsTh r e e Commission shall exercise such powers for the cigahl r rrying out of such activities as are necessary and Al aad. i vantageous in the development and management of the n za irrigation sector. an f T (3) The Commission shall primarily oversee, monitor, o en t regulate and supervise the implementation of functions of the ern m Commission as prescribed under this Act. v 5 G o 02 Functions 5.–(1) The Commission shall be responsible for coordination, ©2 and powers of Commission promotional and regulatory functions in the development of the irrigation sector. 185 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (2) Without prejudice to the generality of subsection (1), the Commission shall- (a) advise the Government on implementation and review of the National Irrigation Policy, Strategy, National . Irrigation Master Plan and related legislation; OAG (b) represent the Government in national and international of n fora and collaborate with both local and internationisas ilo firms or organisations in all matters pertainipneg rm to irrigation development and management; t ou (c) coordinate all interventions in irrigat iwoi tnh sector d conducted by the development partnbeur tes and other stakeholders; tri dis (d) promote and maintain cooperatido on r in irrigation and drainage with similar bodies ce duin other countries and with international bodies ro ecponnected with irrigation and drainage; r be (e) advise the Minister o y mn a declaration of irrigation areas for the purposes ofo ob tkhis Act; (f) plan, carry out tshtis u dies, design, construct, supervise and administer irmt o fplementations of the irrigation projects; (g) establish o p aand maintain irrigation construction equipem N d. ent centres and provide hiring services to supsepr vort the private sector in irrigation investment; e (h) r h tsregister and maintain a register of all Irrigators; (lli r)i g promote institutional linkages training programmes ia. A and support the recruitment of persons for purposes of za n n employment in connection with the irrigation sector; a of T (j) act as a forum for information sharing pertaining to nt e irrigation and drainage matters; ern m (k) build capacity of irrigators for effective participation v G o at all levels in irrigation planning, implementation, 5 20 2 operation and management; © (l) undertake and coordinate research, disseminate appropriate technologies emanating from the research findings and provide technical support services on irrigation; 186 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (m) promote development of multipurpose water storage facilities for irrigation purposes and other social economic activities; (n) regulate all matters related to irrigation development . and to oversee collaboration among different players in OAG the development of irrigation and drainage; of n (o) approve construction of irrigation works, standaridsss io and guidelines for the development and managepme rment of irrigation and drainage; ut o (p) promote efficient water use in irrigation s ith ywstems and d ensure compliance with the Integrated Wbua tteer Resources Management approach in irrigation tr ddisevi elopment; (q) advise the government in all d mo r atters relating to development and managementu ced of irrigation sector in the country; and ep ro (r) perform any other functieo r b ns which are necessary for effectively carrying o ay umt the purposes of this Act. k oo Committees of 6.–(1) The Commissiohnis mb ay, for the purpose of facilitation of Commission t the performance ofr ti tos f functions under this Act, establish such number of Comom p aittees to perform specific functions as may be directed byd . t Nhe Commission. (2) Thsee r vseize, functions, terms and conditions of such committ e st rees shall be as may be determined by the Commission. rig h Seal of 7.. –A(ll1) The common seal of the Commission shall not be affixed Commission ant ia z o any instrument except in the presence of the Chairman or n Ta the Director General, or in their absence, by an authorised f nt o officer of the Commission and two members of the Board. rnm e (2) The Commission may appoint and employ agents or veo officer to manage, administer, transact any business or do any 5 G 02 act or render any services required to be transacted or done ©2 in the execution of its functions or for the better carrying into effect the purposes of this Act or any other written law enforced by the Commission. 187 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Appointment of 8.–(l) There shall be the Director General of the Commission Director General who shall be appointed by the President from amongst persons with integrity, necessary qualifications, experience and competence to manage efficiently and effectively the affairs of . the Commission. AG O (2) The Director General shall be the Chief Executive of Officer of the Commission and shall be responsible for dasyio n is to day administration and management of the affairs oefr mp the Commission and shall in particular- ou t (a) be responsible for the management woi tfh funds, d property and business of the Commissibou tne and for the administration, organisation and conditsr troi l of the staff of the Commission; or d (b) enforce the provisions of thuicd se Act and any other subsidiary legislation made ro e pthereunder; (c) keep in custody the seal obef rthe Commission; (d) maintain records of amlla a y ctivities of the Commission; (e) register and maibno otkain a register of irrigators and irrigation sche is mth e s; (f) monitor and f rt oassess activities being carried out in the irrigation a o pschemes in order to ensure that they are advan . N etdageous to the national economy; and (g) perefrvs orm any other functions that are necessary for se r e ht ffective carrying out the provisions of this Act. (ll3 ri) g For proper discharge of his functions under this Act, the D ia.i Arector General may assign any function provided herein to n nz a any authorised officer. Ta of (4) In the performance of his functions under this Act nt e or any subsidiary legislation made thereunder, the Director ern m General shall comply with the directive of the Commission as v G o may be issued. 02 5 ©2 Appointment of 9. There shall be such number of directors to be appointed other directors or employed by the Commission from amongst persons who possess high level of integrity, necessary qualifications, experience and competence to manage efficiently and effectively the affairs of the Commission. 188 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Staff of 10.–(1) The Commission shall have powers to establish such Commission numbers of sections or offices as it may deem fit for proper discharge of its functions under this Act. (2) The Commission may appoint such officers or other . staff as necessary for the proper discharge of its functions AG O under this Act or any other written law and upon such terms of n and conditions of service as the Commission may determiniess. io (3) Officers and employees of the Commission shallp eh rmold office for such period, receive such salaries, allowanocu te s and benefits, subject to such terms and conditions of isth w ervice as d may be determined by the Commission. bu te (4) Where a person is seconded or transfe tr drisreid to the service of the Commission under this Act, his ter r dm o s and conditions of employment with the Commission sha e dul cl not be less favourable than those of his previous employemp roent in the public service, and his service with the Com bme rission shall be deemed to be continuous with his pre vmiaoyus employment in the public service for the purposes o ok bof determining his entitlement to and quantum of pension, g tr hiastuity or other superannuation benefit. f rt o Regional 11.–(1) For effecot ipv ae discharge of functions of the Commission, irrigation offices the Commisds.i Non shall establish such number of region irrigation soeffir veces to be headed by Regional Irrigation Engineers as it matsy r edeem fit. (l2 ri)g hA Regional Irrigation Engineers shall be responsible for t A l iah. e following functions: n za (a) provision of expertise and services to the local Tan f government authorities in the development and nt o e management of irrigation and drainage infrastructure rnme within respective jurisdictions in collaboration with ov G other relevant authorities; 5 02 (b) identification of irrigation potential areas for ©2 development within their respective jurisdictions; (c) preparation of irrigation projects feasibility studies, detailed designs and tender documents; 189 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (d) provision of technical support to local government authorities and the private sector in the development and management of irrigation schemes in their areas; (e) preparation of manuals for operation and maintenance . of irrigation schemes; OAG (f) assisting in the formation of farmers irrigation f n o organisations; iss io (g) incorporate or mainstream environmental manageemrmp ent issues in irrigation and drainage plans and designosu; t (h) data collection for irrigation data bank; th d w i (i) preparation of plans for the utilisation obfu tgeround water and surface water resources for irrigatitroidis n purposes; (j) ensuring quality control of irri r dg oation and drainage infrastructure; ce du (k) supervision of constructieop rno and rehabilitation of irrigation and drainage w beo rrks; (l) dissemination of newa y construction innovations on irrigation and drainoak m bo ge infrastructure; (m) facilitation on t ise th undertaking of adaptive and applied research on rvt oa frious irrigation and drainage aspects; (n) promotioon p a of renewable energy for irrigation and draineadg . eN purposes; (o) prosemr votion on the use of locally available construction re htsm aterials tested with positive results for optimisation l ri g l of costs and water losses; ia. A(p) collaboration with Basin Water Boards established n Cap. 331 nz a under the Water Resources Management Act to f T a o promote integrated Water Resources Management and t en issues regarding irrigation water use permits; rnme (q) to coordinate activities of the Commission and District Gov Authorities on the enforcement of this Act; 25 20 (r) facilitate promotion, development, fostering and © upholding of local government authorities towards realisation of their goals and targets pertaining to irrigation development; 190 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (s) advise the Director General on the implementation of this Act; (t) facilitate the designation of the district irrigation Offices in the areas to foster irrigation development . and management; and G OA (u) perform such other functions as may be entrusted to n o f them by the Commission for the better implementatioissn io of this Act. ermp (3) A Regional Irrigation Engineer shall be appointoeud t from amongst senior public officers with relevant qu awlii thfications, d experience, skills and competence in irrigation dutb eevelopment. (4) The Regional Irrigation Engineeirs tr i d shall, in the performance of his functions be accoundt aorble to the Director General. uc e pro d e District Irrigation 12.–(1) For the betterment ofb ec rarrying out the provisions Department of this Act, the Minister rems apyonsible for local government may, in consultation with k oo the Minister establish Irrigation Department in a Distrhiics tb Authority as may be advised by the t Commission. rt o f (2) The Distroic pt a Irrigation Department shall be headed by the District Irrd.i g Nation Engineer and equipped with professional qualified starvffese in relevant field. (3) tF ures nctions of the District Irrigation Department shall be t h l orig assist the Commission in execution of its functions as l piar. o Avided for under section 5 of this Act. za n (4) Without prejudice to the generality of subsection (3), an f T the District Irrigation Department shall be responsible for the t o en following: m ern (a) to identify irrigation schemes, planning and designing, Gov construction and operation and maintenance of 5 02 irrigation schemes in collaboration with the Regional ©2 Irrigation Offices; (b) to provide linkage between Regional Irrigation Offices and irrigators’ organisations; 191 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (c) to collaborate with stakeholders in respective districts as regards to the development and management of irrigation schemes; (d) to collect, maintain and disseminate data in relation to . the irrigation activities in their respective areas; OAG (e) to facilitate the formation of irrigators organisations n o f and ensure that organisations are equipped wiistsh io required skills for effective and sustainable irrigpae rtmion management; ou t (f) to ensure that irrigators are provided with awpit h propriate d training for effective management buo tef irrigation schemes for enhancing productiond ias tnri d productivity of crops; d o r (g) to support the formulationd ceu and enforcement of irrigation by-laws by the eipr rroigators’ organisations in their jurisdiction areas; r be (h) to support irrigators ay min soliciting funds for irrigation development; oo k b (i) to disseminate ghius t idelines on irrigation interventions; (j) to ensure trht oa ft village leadership support irrigation developm epao nt intervention in their areas; (k) to pro N edv . ide backstopping services to the farmers in the irriegravs tion scheme by establishing irrigation scheme sm r e ht anagement support teams; (lll r)i g to implement all directives as regards to the irrigation ia. A development and management which may be issued by an nz the Commission; and of Ta (m) to perform such other duties in regard to irrigation nt e development as provided for under this Act. ern m (5) The District Irrigation Engineer shall, prepare on ov G quarterly basis a report on the performance of his functions 25 20 for submission to the Regional Irrigation Engineer. © (6) In performing functions under this Act, the District Irrigation Engineer shall, when dealing with all technical issues relating to irrigation, be accountable to the Commission. 192 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (7) A Local Government Authority shall facilitate establishment and operation of the District Irrigation Departments and ensure that all allocated resources are effectively utilised so as to achieve objectives of this Act. . AG Appointment 13.–(1) The Commission shall, upon the recommendation of of O of Irrigation Inspector the Director General and by notice published in the Gazettsesi, o n appoint or designate qualified irrigation engineers or i e rmany other qualified officer from regional offices or unodu te pr the local government authorities to be Irrigation Insp it wechtor who shall exercise powers generally respecting irriguatet dion matters in accordance with the provisions of this Asctr itbi or as may be prescribed. d or (2) A person appointed or designa ed utced as Inspector under subsection (1), shall be given a cerptroi dficate, identity card or a document as showing proof of hi e bes rappointment or designation which shall be produced in thye a exercise of his powers under this Act. ok m o (3) Inspectors appo b thi snted under this section shall, in the performance of therit ro f function be accountable to the Director General. a o p d. N Powers of 14.–(1) Ane rIvr erigation Inspector appointed or designated under Irrigation section 1re3sInspectors s (1), may at any reasonable time of day and upon reasoignha t ble notice- A(ll r . a) enter into any irrigation scheme or any place where an ia z irrigation activities are undertaken, and inspect and n Ta examine works for purposes of ensuring that the nt of provisions of this Act or any regulation or rules made rnm e hereunder or any directions given or order made by the ov e Minister or the Director General are being complied 5 G 02 with; ©2 (b) require any person to produce for inspection or for the purpose of obtaining copies thereof or extract therefrom, any document relating to financing, drawings, designing, intended for the construction or installation of any irrigation work; 193 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (c) order the owner or occupier of the irrigation land to- (i) maintain, repair, renew or replace any channel, pipe, building, structure, fitting, equipment, tank, pond, dam or other facility forming part of the . irrigation and drainage system; AG O (ii) clear any channel, pipe, fitting, equipment, tank, of n pond, dam or other facility forming part of thseiois irrigation or drainage system provided bye rmp the authority; and ut o (iii) clear the bush, weeds or sides of any d wri tahinage or d irrigation works that are likely to t bduaemage works or harbour rats or other vermind;i sa trni d (d) inspect, examine or survey landd oi rn connection with the planning, design or constru c ducteion of an irrigation or drainage system, or extensi ro eopns to or alterations of, an irrigation or drainage sy r bsetem and for that purpose the irrigation inspectors mm aayy- (i) fix posts, stakoeos k b or other markers on the land; (ii) dig trenc hthe iss or sink test holes on the land to determi nofrt e the nature of the top soil and underlying stratoa p; a (iii) re.m Ned ove samples of any material from the land for ervanalysis; or res hts( iv) exercise any other powers that are necessary for ll r ig the implementation of this Act. . Aia (2) The owner or occupier of any land or premises and every za n n person found therein, shall give to an Irrigation Inspector all a of T reasonable assistance in exercising his powers provided herein. nt e (3) An Irrigation Inspector may, if he has reasonable m ern grounds that any of the provisions of this Act or regulations v G o or orders made under this Act have been violated, seize any 25 20 property or material which is connected to such violation or © issue a stop order against any action to which the violation was committed. (4) A person who is aggrieved by orders of an inspector under this section may, within fourteen days from the date of issuance of the orders, appeal to the Minister. 194 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (5) The Minister shall determine the appeal within twenty- one days from the date of receipt of such appeal. Restriction of 15. Any person not being qualified as an Irrigation Inspector, unqualified Irrigation who purports to act as Irrigation Inspector commits an offence . AG Inspectors and on conviction shall be liable to a fine not less than five of O million shillings or to imprisonment for a term of not less thassni o n two years but not exceeding three years or to both. rm i t p e ou PART III ith d w DECLARATION OF IRRIGATION te trib uAREA AND LAND CLASSIFICAT s or dIi ON d Declaration of 16.–(1) The Minister responsible cfedu or land may, after irrigation area consultation with the Minister anpre do by order published in r the Gazette, declare any area s pbee cified in the order to be an irrigation area for the purpo sme asy of this Act. (2) A declaration madboe o kunder subsection (1), shall define the boundaries of suc is hth area and may include head works and f conveyance systemasrt oof any method. (3) Where iNt o ips proposed to constitute an irrigation area under subsecdt.i e on (1), the Commission shall forward to the Minister aser v e report with respect to the proposed areas which shall c r hotsntain or be accompanied by the following particulars: (a ri)gll map or plan showing the boundaries and the extent of . A nia the lands proposed to be comprised in the area; nz a (b) a description setting forth the scheme and purpose of of Ta the proposed irrigation works; nte (c) a general plan, prepared on a scale approved by the m ve rn Minister, showing the nature and extent of the proposed o 5 G irrigation works; 2 20 (d) report on the Environmental and Social Impact © Assessment; (e) an estimate of the total costs of the irrigation works where to be constructed by the Commission and of the annual charges necessary for the maintenance and management of the scheme; 195 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (f) an estimate of the annual revenue expected to be derived from the proposed works; (g) an estimate of the quantity of water that is proposed to be made available for use for irrigation purposes in the . area, after making allowance for present and probable AG O future requirements for all or any other purposes; and of n a statement on the sources from which it is proposiessd io to obtain it, specifying, where deemed necessar rm pye, the quantity and quality of water proposed to boeu t taken from each of such sources and the seasons a tw wi thhich it is d to be taken; te bu (h) statement of the existing water s tri doisurces within or outside of the area, over or fromd wo r hich it is intended that the Commission should ce deuxercise any control or draw any part of its supplyep, roand the nature or extent of such control, and for we r b hat purpose such control is necessary; ay m (i) an estimate of th ok beo approximate value of the existing irrigation wor is kths, if any, within the area which it is proposed thrta ot f the Commission should take over from any existin pga authority or person; (j) a statem. N o ed ent of the quantity of irrigable land that may be sebr veneficially irrigated, and of the character and e htsd rescription and value of such land in its then state, l ri g l including all existing improvements; . Aia (k) information in respect to the advantages which are n nz a likely to accrue generally from the establishment of the Ta of irrigation schemes in the said irrigated area; and nt e (l) any other information as may be prescribed in the ern m regulations. ov G (4) The Minister may, at any time and upon advice of the 5 20 2 Commission, by order published in the Gazette- © (a) combine two or more irrigation areas into one area; (b) divide an irrigation area into two or more areas; (c) alter the boundaries of an irrigation area by including in an area part of another area and excluding it from the latter; 196 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (d) include in an irrigation area an outlying area of the scheme; (e) abolish any irrigation area; or (f) adjust any financial or other matters in his opinion . has an advantage or is beneficial for the irrigation OAG development in the country. n o f (5) Where any declaration referred to in subsectioissn io (1), affects the existing land rights, the holder of suchp el ramnd shall be entitled if he so wishes to be a shareholder oour t to be compensated in accordance with relevant land law ith sw or as may d be agreed upon or to both. ute ist rib Land acquisition 17.–(1) Where it is necessary for bettoer rd achievement of for irrigation development objectives of this Act, the Minister may, e u uc pdon consultation with the Minister responsible for land anpdro dMinister responsible for local government, advise the Prbee sreident to acquire, subject to Cap. 118 the provisions of the Land Amacyquisition Act, any land or any estate for the purposes of k oiror igation development. (2) There shall be ehvisi bdence of consultations with affected t persons or Village f rt o General Assemblies of affected areas submitted to thoe p aPresident together with the advice of the Ministers. N ed . erv Classification of 18. The rCess ommission may, upon the recommendation of the irrigation land Dire ht rcigtor General, classify all land within an irrigation area for it.s A s lluitability for specific crops and irrigation methods. nia nz a f T a PART IV o en t CONSTRUCTION OF IRRIGATION WORKS ern m ov GUndertaking of 19.–(1) For the purposes of this Act, irrigation works may be 25 irrigation works 0 undertaken in an irrigation area by- ©2 (a) local government authorities; (b) individual farmer; (c) irrigators organisations; (d) registered companies or firms; 197 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (e) Governmental or Non-Governmental Organisations; or (f) any other person approved by the Commission pursuant to this Act. . (2) Notwithstanding the provisions of subsection (1), AG O undertaking of irrigation works may be supported by the n o f Commission in collaboration with any of approved entities. siois (3) Where a local government authority or any other ppee rmson or corporate body intends to invest in irrigated agroiuc t ulture including carrying out studies, undertaking, ope wraithtion and d maintenance, may request for the services of thbeu t eCommission to undertake such activities subject to ri istuch terms and conditions as may be agreed upon. or d d (4) Where necessary, constructiodnu ceof irrigation schemes shall among others, consider incor ro epporation of watering points for the purposes of providing dr bien rking water for livestock. may Application for 20.–(1) Irrigation works os ohk all not be constructed until the construction of irrigation works proposed scheme of thei su bh ndertaking has been submitted to the t Commission for aprt po fr oval and such project is subjected to the  Environmenot apl a Impact Assessment as provided for under Cap. 191 the Environm N de.n tal Management Act. (2) A peervs reson other than the Commission who wishes to constru e tsc rt irrigation works in any irrigation area shall first apply for h l trhige approval of the Director General or any authorised l oaffi. A i cer acting on his behalf pursuant to the procedures n za prescribed in the regulations made under this Act. n f T a (3) Application made under subsection (2) shall be nt o e accompanied with the following: m ern (a) design report; v G o (b) list of drawings; 250 (c) bill of quantities; ©2 (d) water use permit; (e) title deed in case of private sector; (f) registration certificate issued under this Act for aggregated farmers; 198 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (g) detailed feasibility study report; and (h) such other information as may be required by the Commission. (4) Where the Director General is satisfied with the . contents of the application, he shall refer to the Commission AG O for approval, a list of applicants with their respective irrigation of works. sio n is (5) The Director General shall issue an irrigation certipfie rcmate to every approved construction irrigation work. ou t ith w Construction and 21. Where the Commission considers that it is tendecessary, in commissioning of u irrigation works the interest of the general public, to constr ib isutrct an irrigation by Commission work of any kind on an irrigation area in d o r collaboration with any person or body of persons, the Comucme dission may, by notice publishing in the Gazette, declare iptrso dintention specifying the area which is proposed to be cobvee rreed by such irrigation work and such other particulars ofm tah y e intended irrigation. ok Consequences of 22.–(1) Subject to thes bi porovisions of the Water Resources construction of irrigation works Management Act, wf htho ere the Commission or any person t Cap. 331 authorised under p at rhis Act constructs an irrigation work for utilising the wd. a Ntoer from a water source, the Commission or such other e e rvperson shall be entitled to regulate abstractions, utilise, p s s r eotect and distribute water in accordance with water use t prige hrmit from such water source in such a manner as may suAitll. the public purpose. ia za n (2) A person shall not, without the sanction of the n Ta Commission or such authority as may be authorised by the t o f n Commission in that behalf, construct any irrigation works e rnm or interfere with or obstruct the flow of water in any water ov e channel. 5 G 02 (3) A person shall not use water from any irrigation work ©2 owned or controlled or maintained by the Commission for any purpose other than domestic purpose without the authorisation by the Commission or any other authorised officer. 199 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Compensation 23. A person who, by reason of the construction of an irrigation for damage suffered due to work or exercise of any powers by any person or body of construction of persons under this Act, suffers material damage on account irrigation works of the deprivation or infringement of his right to use water . source for the purpose of irrigating his land or for any other G OA purpose, shall be entitled to a compensation for such damage of n in accordance with relevant laws governing compensation. sios erm i Entrustment of 24.–(1) Where the Commission considers it necessaryt pu so to irrigation works o do, it may, subject to such terms and conditions aitsh w may be specified by it, entrust the construction of irrigauttieo dn works, to any local government authority or irrigators oisrtrg ibanisation or to any other body corporate. or d (2) The local government aut d ucheority or irrigators’ organisation or any other body corporordp ate to which any work is entrusted under subsection (1) sh raebe ll undertake the operation and maintenance of such woaym r k after completion of formal agreement which shall stipoou kl ate terms and conditions for such maintenance and upkeesp b. f th i rt oConstruction of 25. The Commis spiaon may enter into service level agreement minor irrigation works with the local . gNd oovernment authority, irrigators’ organisations or any peerrsv eon for providing support in the construction and mas irn estenance of all minor irrigation works as may be agre edh trig upon. All nia . za PART V n f T a CATEGORISATION AND APPROVAL OF o en t IRRIGATION SCHEMES AND IRRIGATORS m ve rn o GCategorisation 26.–(1) The following shall be categories of irrigation schemes 25 of irrigation 20 schemes for the purposes of this Act: © (a) small scale irrigation schemes; (b) medium scale irrigation schemes; and (c) large scale irrigation scheme. 200 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (2) All irrigation works on an irrigation area shall be subject to approval or registration according to categorisation at the Commission, regional and district levels in the manner provided for in the regulations. AG. Categorisation 27.–(1) The following shall be categories of irrigators for the of O and approval of irrigators purposes of this Act: n ss io (a) individual farmers; i rm (b) irrigators’ organisations; ut pe o (c) companies; th w i (d) public entities; d ibu te (e) Non-Governmental Organisations; an r isdt (f) any other body of persons. or d (2) An individual farmer or boudcye d corporate shall be recognised and approved as an irri d pgroator pursuant to this Act if he- e be r (a) is the owner or occumpayi er of the land in a particular irrigation scheme ank oo d is a holder of Water Use Permit for irrigation pisu bh rposes as issued under the Water t Cap. 331 Resources Mrt ao fn agement Act; (b) is in the a a op pproved irrigation scheme; and (c) is a hold. Nd er of irrigation certificate issued under this Act. e se rv rets PART VI l rMig h ANAGEMENT OF IRRIGATION SCHEMES . A l nia Management zan 28.–(1) An irrigation scheme shall be managed by the local of irrigationf o Ta schemes government authorities, public or private entities, individual nt e farmers, or irrigators’ organisations or any other body or body ern m corporate. v G o (2) For effective management of irrigation schemes, it 25 ©20 shall be the duty of the Commission, Regional Secretariat and local government authorities in collaboration with respective irrigators, to- (a) promote the formation of irrigators’ organisations; (b) ensure that all farmers owning land in an irrigation scheme are members of the irrigators’ organisation; 201 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (c) strengthen the capacity of irrigators; (d) support irrigators to prepare bylaws and facilitate their enforcement; (e) institute mandatory formal transaction on transfer . of land from one farmer to another in an irrigation OAG scheme for openness and transparency pertaining to n o f the responsibility for the operation and maintenance isosf io the irrigation infrastructure where necessary; pe rm (f) create awareness on Integrated Water Reous to urces Management approach; th d w i (g) facilitate the establishment of apex f te bou rums of the irrigators’ organisation to enable themst r i di to have effective representation of schemes managem or d ent into river basin management subsystem as prdouv ceided for in the Water Cap. 331 Resources Management Acetp; ro (h) institute public private r bpeartnership arrangement for effective operation ma anyd maintenance of irrigation schemes; ok (i) undertake tranis bo th sitional measures by providing competent s f rt oaff to form scheme management support teams whoi ple a the farmers through their organisations are gettinegd . eNxperience to take over their responsibilities; (j) mosenr vitor public entities and private investors in medium re htsand large commercial irrigation schemes to ensure that ig ll r they abide by the prevailing contractual agreements A ia. and propagate the benefits of their experience to the za n out- growers; Tan of (k) promote management of irrigation infrastructures by en t service providers in the private sector where farmers rnme have demonstrated inadequate capacity; Gov (l) create awareness and enforcement on participator, 5 20 2 demand driven, cost sharing and recovery on investments © for schemes implemented through public funds; (m) promote development of value addition and marketing infrastructure to leverage investment; 202 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (n) ensure establishment and maintenance of irrigation data base at both national and local government authority levels for effective planning, implementation and management of irrigation interventions; and . (o) perform any other functions. AG O (3) Irrigators in a particular irrigation scheme shall be of n recognised as beneficiaries of the said scheme and as suc io ishs, they shall- pe rm (a) be responsible for identifying problemust o and opportunities associated with their schemes; ith d w (b) participate in the planning, design and imt bupe lementation of irrigation development and be fu tri dlilsy responsible on operation and maintenance of thedi or r irrigation schemes in specified areas within the redsup ceective schemes; and (c) be entitled to receive relevaenpt r otraining and information on the management of wbea rter, environment, irrigation and best agronomic pmra ayctices. oo k Establishment 29.–(1) The Commishsiiso bn in collaboration with the local of irrigators’ f t organisation government authort roities, facilitate establishment of the irrigators’ organois pa ations with due consideration of layout of a particular irri N dg. ation scheme. (2) Wsitehr v e effect from the date of registration, all the farmer re tss having agricultural lands or fields within a particular irrigl raigt hion scheme shall be required to become members of the Al oiar. ganisation and be bound by the organisation’s by-laws. n za (3) There shall be an officer to assist in the management an f T of the activities of the irrigators’ organisations who shall t o en be designated or appointed from the District Irrigation ern m Department by the relevant local government authorities after Gov consultation with the Commission. 5 02 (4) The Commission or local government authority may, ©2 give directions or suggest modifications as and when required for the functions of the Irrigators’ organisations or committee or authorise any officer or body of officers for forming and monitoring the activities of such organisations. 203 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Objects of 30. Objects of the irrigators’ organisations shall include- irrigators’ organisation (a) to promote and secure equitable distribution of irrigation water among its users; (b) to create awareness for water conservation, adequate . maintenance of the irrigation systems, efficient and OAG economical utilisation of water to optimise crop n o f production; and siois (c) to protect the environment and to ensure ecolopeg rmical balance by involving the farmers, inculcating ao sue t nse of ownership of the irrigation systems in accor ith wdance with d Caps. 191 and 331 the provisions of the Environmental Ma te bnu agement Act, the Water Resources Management Acsttr, i and any other related legislation. or di d e uc Functions 31. The irrigators’ organisations shparol dl perform the following of irrigators’ organisations functions: re be (a) to prepare and implemy ma ent water schedule for each irrigation season,o okconsistent with the operational plan, based upo b hins the water use permits, area, soil and t cropping pa f rtt toern as approved by the Commission or local gov a Noe rpnment authority; (b) to predp. are a plan for the operation and maintenance of irrrviese gation system at the end of each cropping season tsa rn ed carry out the maintenance works of the irrigation ighl r system under its control with the funds of the irrigators l a. A i organisation; za n (c) to regulate the use of water and land in its irrigation Tan f system; t o en (d) to promote water use efficiency of allocated water; ern m (e) to assist the Commission or local government authority ov G in the collection of irrigation service fees and costs 02 5 recovery fees; ©2 (f) to maintain a register of land holders and organisation members within their irrigation scheme; (g) to prepare and maintain an inventory of the irrigation system including assets and liabilities within their irrigation scheme; 204 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (h) to monitor and keep records of water flows for irrigation; (i) to resolve any dispute between the members within their irrigation scheme; . (j) to cause and maintain annual audited accounts and OAG other records as may be prescribed; n o f (k) to review regularly water allocations and periodicisas ilo performance monitoring and evaluation as mpaey rm be prescribed; and ou t (l) to perform any other functions as may be prweisth cribed in d their by-laws. uteib ist r Source of funds 32. The irrigators’ organisations shall m d or aintain their own for irrigators’ organisations funds for proper management of theuicre dactivities such funds shall comprise the following: pro d (a) fees collected from their re b emembers as provided for in their by-laws; y ma (b) such other funds roeoc ke ived by way of grant or donation from the Goverhins mb ent, individuals or body corporate t to support fro f t or the irrigation development in their area of operatoi op an; (c) and andy. N amount received from any other lawful source. e erv Procedure for 33. Thes r eCs ommission or local government authority shall taking up works auth ht roigrise the Irrigators’ organisations to take up and execute al.l A t llhe works for rehabilitation of their irrigation systems under anz cialose supervision of the Commission or local government Tan authorities. of en t Alloncmation of 34.–(l) For the schemes owned by irrigators’ organisations, the ir r vreigation plots o Management Committee of the irrigators’ organisation shall in 5 G2 consultation with the Village General Assembly, authenticate ©20 ownership of plots or allocate plots on an irrigation scheme as the case may be, to its members for such terms and conditions as it deems fit for effective development of irrigation within its area. 205 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (2) In authentication or allocating plots, the Management Committee shall have regard to the residence of the farmer and his capacity to effectively manage the authenticated or allocated land. . (3) A plot shall be registered in the name of a person whom G OA the plot has been authenticated or allocated and shall be held n o f by such registered holder for a period specified in the certificatseiois of allocation. rm pe (4) A registered holder of a plot may in consultatioou tn with his Management Committee, dispose or transfe ith wr his right d to any person or body corporate pursuant tbou t ethe relevant land laws. ri dis t (5) Where the right to hold a plot is trd aon r sferred to another person, such new owner shall be ce dcuome fully responsible for the management of the lande p raond associated irrigation infrastructure in accordance wi tbhe rthe provisions of this Act. y ma Disputes 35.–(1) In order to minoiom k ise water and land conflicts on settlement on irrigation schemes, the iCs birrigation scheme h ommission shall collaborate with the t local government aurtt oh f orities, basin water boards and respective irrigators using o wp aater from the same source and establish a mechanism . Nd for amicable settlement of disputes within the schem rve sees through involvement of relevant government institut re tiso ns or systems. (l2 ri)g hFor the purposes of this section “Basin Water Board” m A l ia.eans Basin Water Board established under the Water Cap. 331 anz Resources Management Act. Tan f Withdranwt a ond 36. The provisions of Land Act and Village Land Act governing surrenmdeer of irrigrnation plots land withdraw or surrender of land shall apply in relation to oCva eps. 113 and any holder of a plot who breaches the conditions for ownership 5 G114. 02 or occupation of a plot in irrigation schemes or wishes to ©2 surrender the plot. 206 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Power to 37.–(l) Whenever the Commission is satisfied that for the prescribe good agricultural better utilisation of land for irrigation and water use efficiency practices and on an irrigation scheme, it is expedient and desirable in public irrigation methods in interests to regulate the kind of agricultural practices and . irrigation area irrigation methods on irrigation area under such irrigation OAG scheme, may by notice published in the Gazette, make a of n declaration to that effect. io iss (2) Subject to subsection (1), the Commission, rm peafter consultation with the irrigators and respectivoeu t local government authority, may specify by notificationw it h d published in such manner as may be prescribed, the kinudteb s of farming systems and irrigation methods that shall be ptridis racticed on any irrigation area. or d (3) On the publication of a notificatdiou cne under subsection (1), a person shall not practice farmingpre osystems or use irrigation methods other than that specifi r beed in such notification during the period specified in such nmoaytification. (4) A person who con ok btoravenes the provision of sub-section (3), commits an offen is cthe and on conviction shall be liable to a fine not less than tw f rt oo million shillings but not exceeding ten million shillingso o pr a to imprisonment for the terms of two years or to both. . N ed erv Power to takeover 38.–(1)s Wr es t here the Commission considers that any irrigation irrigation works for maintenance schel rmig he owned by any person or body of persons is neglected l oar. i Amismanaged, for the public interest, may by notification anz to such owner or occupier, temporarily take over the scheme Tan f and place under its management or management of the local t o en government authority for maintenance. m ern (2) For the purposes of subsection (1), the Commission ov G shall return the management of the scheme to the owner or 5 02 occupier after necessary remedies and recover from the owner ©2 or occupier of the scheme, the costs relating to operation and maintenance thereof. 207 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Irrigation service 39.–(l) The Minister shall upon consultation with the Minister fees responsible for finance, and by order published in the Gazette prescribe irrigation service fees and such other fees or charges for irrigation operation and maintenance in an irrigation area. . (2) The irrigation service fees shall be collected by the OAG Commission, local government authorities or irrigators’ n o f organisations for operation and maintenance of irrigatioissn io schemes. erm t p ou Irrigation 40.–(1) Depending on the size and nature of an w i tihrrigation schemes scheme, the responsibility for operation and muatei dntenance of such schemes shall be as follows- str ib i (a) for small scale irrigation schemes o,r dthe owners of the lands benefited by the irrigatiounce s dystem shall be solely responsible for the operatio d pnro and maintenance unless otherwise specified; e r e b (b) for medium and larmgey a scale irrigation schemes, the irrigators benefitedoo kb y the irrigation system shall be responsible for is tbh he operation and maintenance of t secondary arnod f t tertiary conveyance systems up to the field leveol pa and the local government authority or the Commd.i Nssion shall be responsible for ensuring proper maenrva e s gement of head works and main conveyance s yrets stems unless otherwise specified; and (lc ri)g h for privately owned irrigation schemes, it shall be the Al ia. responsibility of the owner of the scheme to operate anz and manage the irrigation system unless otherwise an f T specified. t o en (2) Where the land owners fail to operate and maintain their rnme irrigation schemes and the Irrigation Inspector is satisfied that ov G operation and maintenance of schemes is necessary for proper 5 02 irrigation of lands of such owners, the Irrigation Inspector ©2 shall by notice, require the land owners concerned to operate and maintain the systems within such time or manner as may be specified in the notice. 208 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Clearance of 41.–(1) The Commission may, by notice in writing, require the banks owner or occupier of any land within any irrigation or drainage area to clear the banks or sides of any drainage or irrigation works that is likely to damage such works or harbour pests. . (2) Such notice shall require the owner or occupier to take OAG the necessary action within a certain fixed time, which shall not of n be less than fourteen days from the date of the service of tihsse io notice, and if default is made in complying with the provpise rimons of such notice the Irrigation Inspector may enter upooun t such land and cause action to be taken as required by thew nit h otice and d may recover the costs of so doing from such ow te bnuer or occupier in any court of competent jurisdiction. ist ri d (3) The Irrigation Inspector may, bdy o rnotice in writing, prohibit the owner or occupier of andyu celand within such area from planting any tree or plant onep rtohe banks or sides of any irrigation or drainage works th bae tr are likely to damage such works or harbour pests. ay m (4) Where a default is mboa odk e in complying with the provisions of a notice issued underh is t subsection (2), the Irrigation Inspector or any authorised o f rtffi o cer may enter upon such land and cause action to be takeo np a to clear any tree, plant or weed from such banks or sidee N d.s or to remove any such tree, plant or weed and may r rv secover the cost of so doing from the said owner or e occuphie r tsr in any court of competent jurisdiction. (ll5 ri) g Where the Irrigation Inspector requires the destruction o A iaf. , or destroys, valuable trees or plants he shall, unless notice n nz a has been issued on a previous occasion under subsection of Ta (2) in respect of the land on which such trees or plants are t en growing, pay the owner or occupier reasonable compensation ern m for the same. Gov 25 0 Commission to 42. The Commission or any Irrigation Inspector may, by notice ©2 order provision of proper banks in writing, require the owner or occupier of any land within such area to provide, either individually or jointly with other 209 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] owners or occupiers, proper banks or bunds to specify levels and distribution or drainage channels for the supply, drainage, retention or exclusion of water: Provided that, a person shall not be required under this . section to provide banks, bunds, distribution or drainage AG O channels which will not benefit the land whereof he is the f n o owner or occupier. siois erm Procedure 43.–(1) Where, by an agreement or for any other good urt e pason, on failure to o contribute for any irrigation work is to be done by the joint labour o i wf tihrrigators costs or labour for in a particular irrigation scheme or at the costs ouft eo dwners of all work to be done by joint labour the lands likely to be benefited by such workst,r ib i and where any of such owners fails or neglects to do his s d ohr are of the work or contribute his share of the cost of labouucer d, it shall be lawful for the Irrigation Inspector, or the Maprno dagement Committee, or any other officer authorised by th erebe Commission to investigate the matter and pass such ordaeym r as he deems fit, and he may, by such order, also direct k oo the defaulting owner to execute any portion of such wosr bhi k or pay any portion of the costs of t the work. rt o f (2) An ordero p adirecting that the defaulting owner shall execute the pdo. r Ntion of the work shall also specify the portion of the worsekr v eto be executed, the time within which it shall be done, o e tsr r the estimate of the costs of such work prepared in such r igm h l anner as may be prescribed. Al ia. (3) Where the defaulting owner refuses or fails to execute n za such work within the time specified in the order under n f T a subsection (1), the Irrigation Inspector, the Management nt o e Committee or such other officer authorised by the Commission ern m under that subsection may entrust the work to be executed by v G o some other person, and the cost thereof may be recovered from 250 the defaulting owner in such manner as may be prescribed. ©2 Distribution 44.–(1) The Commission shall, upon the advice of the Director of water from irrigation works General and by notice published in the Gazette and any newspaper of wide circulation, prescribe and circulate to the 210 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] irrigators’ organisation guidelines for the distribution of water for all irrigation works constructed or maintained wholly or partly at the costs of Government. (2) Owners of private irrigation schemes shall prepare . records of water abstractions and distributions and submit a AG O copy of such records to the Commission through respective of n Regional Irrigation Offices to enable the Commission istso io monitor compliance with crop water requirement and Werp amter Use Permit. t ou (3) A person who contravenes subsections ( 1w)ith and (2) d commits an offence and on conviction shall beb uli teable to a fine of not less than one million shillings and ndiso trti exceeding five million shillings or to imprisonment for a toer d rm of not less than one year or to both. uc e d pro Prohibited acts 45.–(1) A person shall not- re be (a) occupy or encroach y maan irrigation area for purposes other than irrigatedo ka o griculture; (b) let out any toxi b hcis industrial or domestic effluent to any t irrigation sch oef me without proper treatment; (c) operate a pa rt o sluice gate, regulator or flood gate of a reservo. iNd r, canal, or any other water conveyance systems of saenr v eirrigation work owned, controlled or maintained re tsb y the Government or irrigators’ organisations unless h l ri g such person is an Irrigation Inspector or a person duly Al ia. empowered by him in his behalf; n za (d) fish in any reservoir owned, maintained or controlled n f T a by the Government or irrigators organisations without t o en the prior permission in writing of the Irrigation ern m Inspector and except in accordance with such terms ov G and conditions and subject to the payment of such fees, 5 02 as may be prescribed; ©2 (e) use any explosive or any poisonous substance for the purpose of fishing in a reservoir; (f) without the written permission of the Commission conduct mining or carrying operation using explosives 211 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] or any other activity which may cause destructive seismic forces within a distance of one kilometer from the irrigation scheme: (g) let out water from an irrigation work owned, controlled . or maintained by the Government and irrigators’ AG O organisations by cutting any bund or constructing a of n sluice or outlet or by any other similar contrivance; siois (h) connects a channel or pipe to the irrigation or draienrmp age system; ut o (i) places or causes to be placed a structure w i tohr install d equipment in a channel or pipe conbnu teected to the irrigation or drainage system; and i dis tr (j) uses a method of distributing oirr d rigation water to plants on his land that has not cedu been approved by the Commission in respect of thperoe land and the plants to be irrigated. r be (2) Every landholder shal lm- ay (a) ensure that irrigati onkbo water does not drain or otherwise escape onto o rth isi nto adjoining land so as to cause a nuisance to rt ho fe adjoining landowner; (b) maintaino, pa and when necessary repair or replace the irrigaetdi .o Nn and drainage systems if so required; (c) noste br vlock or impede the flow of water in any part of the re htsi rrigation or drainage system except at the direction, or ll r ig with the approval, of the Commission or any authorised . Aia officer acting on its behalf; za n n (d) when necessary, clear channels and pipes of the of Ta irrigation or drainage system provided to his land; or nt e (e) ensure that channels and pipes on his land including ern m those forming part of the irrigation and drainage v G o systems are protected from damage that is reasonably 02 5 2 foreseeable. © (3) A person who contravenes the provisions of this section commits an offence and on conviction shall be liable to a fine of not less than two million shillings and not exceeding five million shillings or to imprisonment for a term of not less than one year or to both. 212 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Obligation of 46.–(1) An owner of land whose tank, well, pond or other land owners in respect of works reservoir is situated above the level of any irrigation work, shall affecting safety of maintain the bunds and any other protection arrangements of irrigation works such tank, well, pond or other reservoir in safe and efficient . condition. G OA (2) Where the Irrigation Inspector is of the opinion that the of n bunds or protection arrangements referred to in subsectiosniois (1) are not in a fit condition and are likely to endangeerr mp the irrigation work below, the owner concerned shall beou ts erved with a notice requiring him to maintain such th wibunds or d protection arrangements in a reasonably fit con te budition in such manner and within such time as may be spec tri diisfied in the notice. (3) Where the owner fails to comply wd oit r h the notice under subsection (2) or the repairs done by hcedu im are in the opinion of the Irrigation Inspector unseapt roisfactory, the Irrigation Inspector may carry out necessa brey r repairs to keep such bunds and protection arrangement ay ms in a fit condition, and the costs thereof shall be realised frookbo m such owner in such manner as may be prescribed. is th (4) A person whrt oo f is aggrieved by orders of an inspector under subsectiono p( a3) may, within fourteen days from the date of receipt of thd.e N e order, appeal to the Minister. (5) The eMrvs inister shall determine the appeal within twenty e one da r hytss from the date of receipt of such appeal. rigll Control of 4 A ia7. .–(7) The Commission may, in consultation with the Ministry navigation and n unplanned canal za responsible for transportation and the local government n crossings f T a authorities, by regulation prohibit or regulate navigation in an nt o e irrigation work. m ern (2) Every irrigator or owner of irrigation scheme shall ov G ensure that there is no unplanned canal crossings or watering 5 02 points in an irrigation scheme. ©2 (3) A person who crosses through unplanned canal crossings or takes water or livestock to unplanned watering points, commits an offence and on conviction, shall be liable to a fine not less than one million or to imprisonment for a term of not less than one year or to both. 213 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Inter – basin 48. Subject to the provisions of the Water Resources water transfer for irrigation Management Act, irrigation water from a water source in Cap. 331 the basin of an irrigation area shall not be transferred to any other basin, except in accordance with an agreement between . the Commission, Basin Water Boards and respective local OAG government authorities. of sio n is Monitoring and 49.–(1) At the end of each cropping season, the Irrigartmor’s evaluation of e performance Management Committee in collaboration witht pou the of irrigation Commission and local government authority sha wlil th conduct schemes an evaluation including continuous monitoringu teo df respective irrigation scheme. tribis (2) Monitoring and evaluation referred tro d o under subsection (1) shall involve both water utilisation ag d uc eainst water allocations and expenditure incurred for maipnrote dnance of the irrigation system with reference to fundbse reavailable to the irrigators’ organisation. y ma (3) The performance m k ooonitoring and evaluation shall cover- (a) equity in water hdisi bstribution; t (b) increase in p f rt rooduction; (c) increase ion p aproductivity; (d) crop ddi.v Nersification; (e) museltr vieple cropping; (f) tsw r eater use efficiency; (g ri)g h water quality; . A ll ia (h) utilisation of resources for execution of works; anz (i) improvement in the cultivated areas of the irrigators n f T a organisation compared to previous season; t o men (j) utilisation of research facilities in adopting high yield ern varieties of seeds, pesticides; ov G (k) quality of works undertaken; and 5 02 (l) step-wise development of irrigation system. ©2 (4) The results so obtained shall be made known to all the beneficiaries of the irrigators organisations by displaying a list containing the benefits accrued with reference to funds spent on the notice board of the irrigators’ organisations. 214 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (5) Wherever a work is taken up by an irrigators’ organisation, the estimated cost of the work, item of work proposed to be executed, details of the executed work are to be exhibited on a board at the place of work. . (6) The Commission may render any assistance in the AG O conduct of the performance monitoring and evaluation and of n the results shall be sent to all concerned parties as stipulat io iessd by the Commission. pe rm (7) The performance monitoring and evaluation t ou report shall be utilised on general performance improvem th d w eints of the scheme. uteb (8) A copy of the audit report referred to din i ist rsubsection shall be exhibited on the notice board of the irri ogra d tors’ organisation. e du c PART VIIro re p ENVIRONMENTAL ANDy bH e EALTH PROTECTION ma k Compliance with 50.–(1) The Commissi o obon shall ensure that all irrigation environmental his requirement development are intf et grated with other natural resources development and mrt oa anagement activities such as catchment management in p N o rder to protect the environment. (2) A pevresdo . n who pollutes or causes to be polluted any irrigation werres orks commits an offence and on conviction, shall be liabhtlse to a fine of not less than one million shillings or to rigimApllrisonment for a term of not less than six months or to both. nia . (3) Without prejudice to the generality of the foregoing, nz a a the Commission, in collaboration with other competent of T t authorities in environment and health, shall- men (a) carry out such other activities and take such other ve rn measures with regard to irrigation as may be o 5 G necessary or expedient for the better protection of the 20 2 © environment and human health; (b) ensure compliance to the environmental protection requirement during planning, implementation and operation stages of irrigation schemes; 215 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (c) ensure that unacceptable environmental impacts are avoided and that features such as high-watertables, salinity and erosion are monitored; (d) ensure that designs of irrigation schemes take into . consideration safety measures for flood control and AG other natural disasters; of O n (e) prohibit the use of such chemicals, pesticides and othisesr io substances as may be specified on any land upen rmder irrigation farming; ou t (f) control the grazing of livestock in irrig wai tthion and d drainage areas and river banks of ribvue ters supplying water to an irrigation scheme; ri dis t (g) provide for the environmental stadn odr ards to be adhered by the irrigators in the schemeds e u cdevelopment; and (h) ensure that all irrigators cepo rmo ply with other written laws governing the envir r obenmental protection and good agricultural practices y m. a (4) For the purposes k b oo of environmental protection, local government authoritiehsi s t a nd other stakeholders shall- (a) ensure that rt aol fl irrigators comply with the directions requiringo tph a em to protect the environment within and in the v. iNed cinity of the irrigation areas; and (b) ensseur vre that all irrigators and other stakeholders e htsd ro not undertake interventions detrimental to the rigll environment in irrigation areas. A ia. Commission n za 51.–(1) For the purposes of improving the perfomance of irrigated to coordinate T an and promotef agriculture for crop production, productivity and profitability o irrigatio t en and ensuring irrigation water efficiency, the Commission in resenarmch er collaboration with other local and international public and v G o private entities, shall conduct, coordinate research on irrigation 02 5 and drainage and promote the findings for use by the beneficiaries ©2 in line with the National Irrigation Policy and Strategy. (2) The irrigation and drainage research shall aim at improving hydraulic performance of irrigation infrastructure for effective water management and enhanced crop production and productivity in irrigation schemes- 216 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (a) ensuring effective operation and maintenance of irrigation schemes; (b) increased adoption of appropriate technologies by farmers for sustainable irrigation development; . (c) provide for capacity building of irrigation experts, OAG service providers and farmers in irrigation sector; of n (d) identification of irrigation and drainage researcshiois challenges and their solutions; rm pe (e) solicitation of adequate funds for conducting irruit o gation and drainage research activities; ith d w (f) documentation, publication and disbsue temination of research findings. tri dis (g) establishment of mechanisms ord f or linkage and coordination of all types ofd ui crerigation research by various stakeholders nationeap rloly and internationally; (h) conduct and dissemin r baete irrigation technologies, research findings and m aiynnovations to the irrigators in the country; oko (i) promote the uhiss b t e of appropriate technologies and innovationsr ti on f irrigation development; (j) promote o pa awareness on appropriate and improved irrigaetdi .o Nn practices and conduct tailor made training prosegr vrammes to the irrigators; e (k) r htsconduct tailor made in-service training to develop the ig ll r newly recruited staff into professionals as quickly as A ia. possible and based on the research results to strengthen za n n technical knowledge and skills of the irrigation staff f T a o for enhanced, effective, efficient and sustainable nt e development of the irrigation sector; m ern (l) identify, compile and adopt available irrigation v G o technologies, practices and innovations; 02 5 2 (m) facilitate solicitation of funds to support on urban and © peri-urban irrigated agriculture where water harvesting from roof tops, treated waste water and appropriate technologies can be used; 217 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (n) establish and strengthen collaboration and networking with national and international irrigation-based institutions including higher learning institutions; and (o) perform any other duties which deems fit. G. A PART VIII f O o on FINANCIAL PROVISIONS iss i pe rm Establishment 52.–(1) There is hereby established a Fund whichth os uht all be of Irrigation wi Development known as the Irrigation Development Fund fod r ensuring Fund development and sustainability of the irrigationibu s teector. r (2) The source of Irrigation Develop dmis tent Fund shall consist of- d o r e (a) monies accrued from disposditui con or transfer of the o government owned irrigatiropn r e schemes; (b) any monies accrued fromy bt ehe recoverable costs to be paid by irrigators for irrigakt mio an development under this Act; (c) funds accrued fr o boom disposal of obsolete plants and equipments; s f th i (d) any other marot onies that may be payable to the Fund from moneys Naop ppropriated for that purpose by the Parliament; (e) monvieds . obtained by way of charge or fees in respect orfe r seprogrammes, publication, documents and other htsservices provided by the Commission; g A(llf r)i any monies that Fund may obtain, with approval of the . nia Minister and the Minister responsible for finance, by za an way of donations, loans or other financial assistance f T t o from within or outside the Country; and n me (g) any monies that may accrue to the Fund, whether rn ve in terms of this Act or otherwise as approved by the o 25 G Commission. 20© Use of Fund 53.–(1) The resources of the Fund shall be utilised for the purposes of- (a) meeting costs of planning, feasibility studies, designing, construction, operation and maintenance of irrigation schemes; 218 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (b) financing, by way of loan or grant, any irrigation and drainage research or study carried on by or for the benefit of persons or organisations engaged in irrigation and drainage; . (c) the acquisition of land, equipment, materials and other OAG assets and the construction of buildings in order to f n o promote the objectives of the Fund; io iss (d) financing by way of loan or grant, the traininpeg rm or capacity building courses of experts or farmers oeun t gaged in irrigation sector; with d (e) making an award or awards to persons wbhu toe contributed to the development of irrigation sectdoisr tr;i (f) meeting any expenses of the Com ord m ission and those arising from the establishment ce d uand maintenance of the Fund; and proe (g) any purposes which e r b the Minister, on the recommendation of ay tmhe Commission, considers to be in the interest of tbhoe ok objectives of the Fund. s thi Management of 54.–(1) Subject to aofrt n y general or special directives of the Fund Minister, the funod p ashall be administered by the Commission. (2) For thde. N purposes of this section, the Commission shall mainsetar vien funds in a separately designated bank account or acco re tsu nts, which shall operate in accordance with such dire h l critgions as the Minister may, give in that behalf, save that l t A iah. e Commission shall not make any payment out of the Fund za nexcept in accordance with the agreed annual expenditure n f T a framework. o en t (3) Without prejudice to the preceeding provisions of ern m this section, the Commission may, where circumstances so v G o require, maintain and administer as part of the Fund any 5 02 special account or accounts for the purposes of any project ©2 or programme carried on jointly with a foreign institution, department or organisation for the advancement of irrigation development in the United Republic. 219 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Accounts and 55.–(1) The Commission shall cause to be provided and kept audit of Irrigation Development proper books of accounts of the payments made into and out Fund of the Fund. (2) The accounts of the Fund shall be audited annually by . the Controller and Auditor-General in accordance with the AG O Cap. 418 Public Audit Act, and the audited Accounts of the Fund shall n o f be published simultaneously with other audited accounts osfiois the Commission. rm t p e ou Funds of 56. The sources of funds of the Commission shall bei-th Commission w (a) such moneys as may be appropriated by tuhte d Parliament; (b) such sums as may be payable to theis tCr ibommission by way of donations, gifts, grants ando rl d oans; or irrigation service fees; or ed uc (c) any other sources lawfully a d pcrocrued or obtained by the Commission. e r e ay b Annual budget 57. The Commission shall opkr mepare its income and expenditure of Commission estimates for the succeies db oing financial year and submit them to the Minister for sfc trh o utiny and submission to the National t Assembly for app r rpaoval. o . N Accounting 58.–(1) Ther Ce d v ommission shall cause to be kept and maintained and audit in accordreas e nce with the International Accounting Standards, propeigrh tsbooks of accounts with respect to- A(ll. a r) all sums of moneys received and expended; ia an (b) all the assets and liabilities of the Commission; and z Tan (c) all the income and expenditure statement of the of t Commission. en nm (2) Within six months of the close of every financial year, er ov the Controller and Auditor-General in accordance with the 5 G2 Cap. 418 Public Audit Act shall audit the accounts including the balance 20© sheet of the Commission. (3) Every income and expenditure accounts and audited balance sheet shall be placed before a meeting of the Commission of and, if adopted, it shall be endorsed with a certificate to that effect. 220 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (4) As soon as the accounts of the Commission have beenaudited, and in any case not later than six months after the close of the financial year, the Commission shall submit to the Minister a copy of the audited statement of accounts . together with a copy of the report on that statement made by G OA the auditors. of n (5) The Minister may, where the report submitted to hi io isms under this section has any anomalies, direct the Commiss rm pieon to correct or furnish him with adequate explanatory infoorum t ation and the Commission shall give into effect such dire cwti tihon of the d Minister. bu te (6) The Minister shall, as soon as practicadbs tlri ei after receiving the report, lay before the National Ads soe r mbly the audited accounts of the Commission together ce dwu ith the auditor’s report, if any, on the accounts. ro re p be Powers to borrow 59.–(1) Subject to the priomra yapproval of the Minister and and invest the Minister responsible k ofo r Finance, the Commission may, borrow moneys for thheis bpurposes of its activities by way of t loan or overdraft, a rt on f d upon such security and such terms and conditions or pe alating to repayment of the principal and payment of ind.t e Nrest, subject to any direction by the Minister, the Commseirs vseion may consider fit. (2) The ts r e moneys held by the Commission pursuant to this Act,l rign h so far they are not required to be expended or utilised l b A iay. the Commission under this Act, may be invested in such za nmanner as the Commission deems fit with the approval of the Tan f Minister and the Minister responsible for Finance. nt o e Finrannmcial year 60. The financial year of the Commission shall be the period of veo twelve months beginning from 1st day of July and ending at the 5 G2 30th 0 day of June of the following year. ©2 221 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] PART IX OFFENCES AND PENALTIES Offences and 61.–(1) A person who- . penalties (a) willfully damages or fails to maintain irrigation systems AG O or irrigation works; f on o (b) interferes without any authority with any part of iassn i irrigation or drainage system or with any prope pret rym of t an irrigators’ organisation used in, or in cothnon u ection with, the irrigation or drainage of land; wi d (c) wilfully makes any statement knowingr ibt uhtee same to be false or not having reason to believ t dies the same to be true; d o r e (d) by overt act or writing, threateond usc, incites, intimidates or prevents construction of a nrey p rirrigation works; (e) engages in practices whi e ay c bh are destructive or potentially destructive to the cak tmchment area of a river or public water course supp bloy oing water to an irrigation scheme; (f) grazes or perm is f tihts livestock to graze in irrigation areas; (g) sets or cauasret so to be set on fire crops on an irrigation scheme oor p N on any irrigated farm, garden or plot, or (h) withrvo . eudt reasonable cause refuses to assist in averting, fig e reshting or extinguishing a fire on an irrigation scheme ts gh or on any irrigated farm, garden or plot; (li r)iAl applies or causes to be applied on an irrigation scheme, . nia farm, garden or plot under irrigation any chemicals za an or substances prohibited under this Act or any order of T t made by the Minister; n me (j) provides any false or misleading information to the ve rn Director General or any authorised officer responsible o 5 G for the enforcement of this Act; 02 ©2 (k) refuses or neglects to furnish information which he may be required to furnish under the provisions of this Act or subsidiary legislation under this Act; 222 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (l) constructs or extends any irrigation works contrary to this Act or fails, without reasonable excuse, to comply with a requirement made under this Act or subsidiary legislation; . (m) willfully obstructs, damages or destroys any irrigation OAG works or destroys, defaces or moves any level mark, of n beacon or other structure or appliance; io iss (n) obstructs, molests or hinders any public officer ipne r mthe lawful exercise of his powers or duties under thoius t Act or subsidiary legislation made there under; ith d w (o) interferes with, increases or diminishes bsuu tepply of water from or to any irrigation work; ri ist (p) interferes with or alters the flo wor d d of water in any irrigation work so as to endangecedu r, injure or render less useful, any such work; proe (q) being entitled to the us bee or f water from an irrigation work, causes or oc y cma asions waste of water in such irrigation work k bo or interferes with the authorised distribution of is t hwater there from or uses water in any unauthoriserdt o fmanner; (r) intentionoa pl aly corrupts or fouls water of any irrigation work so. Ned as to render it less fit for the purpose for which it i rv res se ordinarily used; (s) htsdestroys, defaces, removes or alters any level marked ll r ig or water gauge or any other mark or sign fixed in an . A irrigation work, an ia nz commits an offence and on conviction shall be liable- of Ta (i) if it is an individual, to a fine of not less than one nt e million shillings or to imprisonment for a term ern m not less than one year but not exceeding three or ov 5 G to both; 20 2 (ii) if is a body corporate, to a fine of not less than ten © million shillings and not more than fifty million shillings and to imprisonment for a term not less than three years but not exceeding five years or to both. 223 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (2) The court may in addition to any penalty imposed under this Act, order any article in respect of which such offence has been committed or which has been used for the commission of such offence to be forfeited. . (3) The Minister shall have the power to determine the OAG procedures for disposal of anything forfeited to the Government n o f under subsection (2). io iss (4) Where an offence has been committed and be rm pceause of that commission a person has suffered a direct odu ta mage or loss of his property, the court may, in addit wioi thn to the d penalty provided under subsection (1), order btuh tee offender to compensate the person who has suffered losdsis o trir damage. (5) Where any person is convicted of da no r offence under this section, the costs of removing the obsdt e urcuction or interference, or repairing the damage, alterationproe or injury to anybody or to the irrigation work or of repel ar b cing or repairing the level mark or any other mark of s img any, if any, incurred by any officer of the Government emp k bo owered to enforce this Act shall be recoverable from sucthi s person in such manner as may be prescribed. rt o f pao Offence by body 62.–(1) An a N dc.t which if done by an individual would be an corporate or firm offence ag r seaivnest this Act or any regulations or orders made under ttsh ri es Act shall, if done by a body corporate, be an offence by e g l rvi ehry Director, Secretary or Manager thereof unless he l piar. o Aves that the offence was committed without his consent or za nconnivance and that he exercised all such diligence to prevent n f T a the commission of the offence as he ought to have exercised t o en having regard to the nature of his functions in that capacity rnme and to all circumstances. ov G (2) Where an offence against this Act or any regulations or 250 orders made under this Act has been committed by a partner ©2 in a firm, every person who at the time of the commission of the offence was partner in that firm, or was purporting to act in that capacity, shall be deemed to have committed that offence unless he proves that the offence was committed without his 224 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] consent and or connivance and he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. AG. Civil liability not 63. Subject to any express provisions in this Act, nothing of O affected contained in this Act shall affect the civil liability of any persosnios n for any damage resulting from the construction, alteratioenrm ior destruction of tiny irrigation works or the failure to moua t ipntain the same in proper repair or from the obstruction. ith w ted PART X trib u dis GENERAL PROVISIOd oN r S ce du Duty of secrecy 64.–(1) A member of any commit ro etpee of the Commission and every person to be employed un bde er r this Act shall not disclose to any person, except in the mp aeyrformance of his duties under this Act or when requireodob kto do so by any written law, any information which he mis th ay have acquired in the course of his duties in relation to o frt the financial or business affairs of any person, undertak ipnao g or business. (2) A persdo. N e n who contravenes subsection (1) commits an offence ansder von conviction shall be liable to a fine of not less e than thwtso r million shillings or to an amount equivalent to the fina g lln ricial gain generated by the offence, if such amount be gar. i eAater, or to imprisonment for a term of five years or to both. za n n Service of nof tTi aces 65. A notice under this Act shall be deemed to have been t o en served on, or given to, any person where- ern m (a) served on him personally; Gov (b) left for him at his last known address; or 5 02 (c) sent by registered post addressed to his last known ©2 address. Keeping records 66.–(1) The Minister may, on the recommendation of the Commission, prescribe activities in respect of which records shall be kept for purposes of this Act and may require any 225 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] person in possession or control of such records to transmit the records to the Commission at such intervals as he may determine. (2) A person who- . (a) fails to keep records required under this Act; or G OA (b) fraudulently or knowingly alters any such records, of n commits an offence and on conviction shall be liable to a fiinsse io of not less than one million shillings or to imprisonme rm pnet for two years or to both. ut o ith w Stakeholders’ 67.–(1) For the purposes of promoting the develuotep dment of the forum irrigation sector, there shall be a stakeholdeisrtrs ib’ forum which shall be responsible for- or d (a) putting in place mechanisms ufcoer d the funding of the shared functions in the irrigpartoi don sector; (b) making procedures forb cree onducting annual general meetings; may (c) determine modali k otoies for financing its activities and meetings; and b thi s (d) establishing f r ts otakeholders’ secretariat and other organs for better a o cparrying out the shared functions. (2) The stadk. Neholders meeting shall be held at least once in a year to aegrs rveee on the funding, implementation of the shared functiosn rs e t and other matters of common interest. (l3 ri)g hA local government authority may, upon consultation l w.i Aia th the Commission, make by-laws for the better carrying anz out of the shared functions agreed by the stakeholders. an f T Commisnsit oon 68. The Commission may in writing, require any person or to calml feor inforrnmation body of persons engaged in an activity affecting or relating to veo irrigation development to furnish to it any information related 5 G 02 to that activity as the Commission may specify. ©2 Powers of 69. The Commission shall furnish to the Minister with such Minister to require returns, statistics, accounts, documentations or information with information respect to the performance of any of its functions or exercising of its duties under this Act as the Minister may require. 226 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Commission 70. For the purposes of better performance of its functions to establish and maintain the Commission shall establish and maintain a system of collaboration collaboration, consultation and co-operation with such other institutions and persons, whether corporate or unincorporated, . and whether within or outside the United Republic, as are or OAG would be likely to assist it in the effective and efficient discharge f n o of its functions under this Act. sios erm i Indemnity and 71. A member of a Commission or officer of the Comom p ut ission liability shall not be personally liable for any act or defau wlti t hwhich is done or omitted to be done in good faith in t d uhte exercise or purported exercise of the powers conferred biyst rt ibhis Act or such subsidiary legislation made thereunder. or d ce d Recovery of 72. Where a person causing any damarogde u, alteration, enlargement costs of repairing damage where or obstruction to any irrigation weo p rerk without proper authority b offender is cannot, after such inquiry a asy the Irrigation Inspector may unascertainable deem sufficient, be ascertoaki mned or identified, the Irrigation Inspector may on a requi bsois ition from the Director General and after giving not less th othf an one month’s notice to the owners of t all the lands affec ptae r d by the damage, alteration, enlargement or obstructiond., N ao nd after hearing their representations, if any, recover froemrv e them, in such proportion as he thinks fit, the costs ofs r re espairing such damage, or of removing such alteration, enlar hetg ment or obstruction. All r i . Mode of recover an7 ia3. An amount due from any person in pursuance of the of money nz Ta provisions of this Act or the regulations made thereunder may, t o f where the amount is in arrears, be recovered, without prejudice en nm to any other mode of recovery, in the same manner as an arrear er Gov of public revenue. 02 5 ©2 Powers to make 74.–(1) The Minister may, after consultation with the regulations Commission, make regulations for the better carrying into effect of the provisions of this Act. 227 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (2) Without limiting the generality of subsection (1), the regulations may- (a) provide for maintenance of the irrigation and drainage system; . (b) provide for the manner in which irrigation water may AG O be used in irrigation and drainage area; f n o (c) provide for the times at which irrigation water may bseiois used in irrigation and drainage area; rm pe (d) provide for maintenance or improvement of theou q t uality of irrigation water in irrigation and drainag ew itahrea; d (e) prescribe procedure for maintenanceb u teof irrigation works and drainage area; ist ri d (f) prescribe the manner in which excess o ri d rrigation water shall be drained out of the irrigation adnud ce drainage system; (g) provide for the formationep, rofunctions, conduct and procedures of irrigators’ oer r b ganisations; (h) regulate the abstrac mti aoyn and distribution of water amongst irrigator ok bso; (i) prescribe the this m anner in which notification or information mofrt ay be given under this Act; (j) provide foo pr a the assessment of the quantity of irrigation water . e dorN other water used by a landowner in irrigation ansde rd v rainage system; (k) re htsprovide for the procedures for land allocation and ig ll r administration by irrigators’ organisations; ia. A(l) provide for dispute settlements; an nz (m) provide for any fees or charges under this Act and the of Ta payment thereof; nt e (n) provide for the forms to be used and the fees to be ern m paid and be used in respect of any matter required or ov G permitted to be done under this Act: 25 20 (o) provide for the advertisement of applications for the © use of irrigation works and for the giving of notice to interested persons; 228 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] (p) regulate the procedure of appeals under this Act; (q) prescribe the registers and records to be kept and the manner in which they are to be kept; (r) provide for the installation, maintenance and testing of . irrigation systems or for any other service provided to AG O the irrigation and drainage system; f n o (s) provide for the installation, maintenance and testin io issg procedure for application for the installationpe, rmfor compensation under the provisions of this Acto ua tn d the assessment thereof; with (t) provide for procedures for regisutte d b ration and deregistration of the irrigators; tri dis (u) provide for model by-laws, es d toa rblishment of the management committees of the e dui crrigators’ organisations and administration of suche op rroganisations; (v) prohibit or regulate navigea r b tion in an irrigation work; (w) provide for the regu lma atyion and administration of the fund; k bo o (x) prescribe form i tsh t so be used under this Act; and (y) provide for a f rt noy matter expressly required or allowed by this Act too p abe prescribed. N d. Transitional 75.–(1) Weitrvs hein twelve months of the commencement of this provisions Act, ant a r e s ssociation, cooperative society, or any other entity or bodl yri gt hhat performs any functions as an irrigators’ organisation l sah. A i all submit to the Director General an application for n za registration under this Act. an f T (2) Upon the commencement of this Act, Zonal Irrigation o en t Offices shall continue to perform their functions until the rnme Regional Irrigation Offices are established as provided for in ov G this Act. 25 20© 229 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] SCHEDULE (Made under section 3(9)) MEETING AND PROCEDURE OF THE COMMISSION . Vice Chairman 1. At its first meeting members of the commission shall elect amongst AG themselves a Vice Chairman. O n o f Tenure of office 2. Members of the Commission shall hold office for three years ansds i,o unless their membership is otherwise terminated due to misconrdmui ct or non attendance without excuse for three successive meetingts p o e f the Commission, shall be eligible for re-appointment for one fuirtht ohuer term. Meetings and 3.–(1) The Commission shall meet at least three times ine da w year. power to convene t (2) An ordinary meeting of the Commission sha u rlibl be convened by meetings the Chairman or in his absence the Vice Chairman t di.s (3) The notice specifying the place, date, and toirme of, and agenda for, the meeting shall be sent to each member at chei ds usual place of business or residence not less than fourteen days breofdo ure the date of the meeting. (4) The Chairman, or in his abs reen pce, the vice Chairman or a member elected to act as Chairmayn b, e shall convene a special meeting of the Commission in writing simga ned by not less than three members of the Commission and, wheoroe k such special meeting is convened, the agenda for such meeting shisa l bl be circulated to each member at his usual place of business or residf ethnce at least not less than three days before the date of the meeting. rt o (5) A meeting oo pf a the Commission shall be presided over by the Chairman or ind h. Nis absence, the vice Chairman or by a member elected by those meemrvb eers present at that meeting. s Quorum 4. Five m re ts embers shall form a quorum of a meeting of the Commission. h Co-option of 5. Th reigll Commission shall have power to co-opt any person to attend its member m. eAa eting except that such co-opted person shall not have the right to nvia ote. nz Conflict of f T a 6. A member who has any interest, direct or indirect in any matter interest o nt coming before the Commission or Sub Committee shall, as soon as is me reasonably practicable, disclose the nature of that interest to the meeting ernv and shall not thereafter take part in any decision on that matter nor, G o except with the consent of a majority of the members present at that 02 5 meeting, take part in any deliberations relating to that matter. ©2 Commission 7. Subject to the provisions of this Schedule, the Commission shall regulate its regulate its own proceedings. proceedings 230 THE NATIONAL IRRIGATION ACT [CAP. 435 R.E. 2023] Reports of 8. The Commission shall prepare an annual report setting out its current activities of activities and indicating its future activities. Commission Remuneration of 9. The Minister shall in consultation with the Minister responsible for members of the finance prescribe emoluments and allowances payable to the members Commission of the Commission. G. OA n o f io iss ermp ou t with ted ibu dis tr d o r ceu pro d re y b e a k m bo o is of th rt o p a d. N e se rv re igh ts All r ia. an nz of Ta nt e ern m v G o 02 5 ©2 231 G. A of O sio n is rm t p e ou ith ted w u str ib i or d ce d u rod re p e ay b k m oo his b f t art o No p ed . rv se ts re igh All r nia . nz a a f T nt o me ve rn 5 G o 2 ©20